Terms of Use
Terms of Use
Last Modified: March 16, 2023
Welcome to Mesotech Website, operated by Mesotech International, Inc. (“Mesotech,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of Mesotech Website <www.mesotech.com> (the “Website”), any mobile applications (“Apps”) offered by Mesotech, and any information, materials, content, functionality, and services offered on or through the Website or Apps (collectively, the “Services”). If these Terms are referenced by another site, such site and its services shall be deemed the Website and Services, as defined here.
If you are accessing these Services on behalf of an organization YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THESE TERMS APPLY WHETHER YOU ACCESS OR USE THE SERVICES AS A GUEST (OR POTENTIALLY AS A REGISTERED USER).
Our Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Mesotech and meet all of the foregoing eligibility requirements.
IF YOU DO NOT MEET THESE REQUIREMENTS OR IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1. Accessing the Services
1.1. We reserve the right to withdraw or amend the Services, in our sole discretion without notice. We will not be liable if, for any reason, any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services.
1.2. You are responsible for both:
1.2.1. Making all arrangements necessary for you to have access to the Services.
1.2.2. Ensuring that all Persons who access the Services through your internet connection are aware of these Terms and comply with them.
1.3. To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to us, including information you may provide if you have to register with the Services, through the use of any interactive features on the Services, or otherwise, is governed by our Privacy Policy (available at https://mesotech.com/pages/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
1.4. By using the Services, you acknowledge and agree that this system includes security procedures that are commercially reasonable.
2.1. The Services and its entire data, contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Mesotech, its licensors, or other providers of such material and
are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2.2. These Terms permit you to use the Services available on the Services for your benefit. Unless other terms or conditions apply, Mesotech grants you a limited, revocable, royalty free right and license to access and use the Services for your personal or internal business use only.
2.3. Except as permitted elsewhere in these Terms, you must NOT:
2.3.1. Modify copies of any materials from the Services.
2.3.2. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
2.3.3. Access or use the Services for any commercial purposes.
2.4 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Mesotech. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
3. Trademarks
Mesotech name and all related names, logos, product and service names, designs, and slogans are trademarks of Mesotech or its affiliates or licensors. You must not use such marks without the prior written permission of Mesotech. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
4. Confidentiality
Except where disclosure is required for legal, accounting, or regulatory purposes, you and Mesotech agree that all information, items, records, data and other material provided pursuant to or in connection with the Services, shall be kept in strict confidence, shall be used only for the purposes of such agreements, and shall not be disclosed by either party, its agents or employees, without, in each instance, the prior written consent of the other party; provided, however, that you or we may disclose generally, your membership and participation in the programs and services of Mesotech without your consent. You acknowledge and agree that Mesotech may disclose your information, without your consent or review, to the extent required or permitted by law.
Each party agrees to take commercially reasonable precautions to prevent the unauthorized disclosure of such information, including complying with security procedures deemed necessary by Mesotech. All computer programs, manuals, materials, forms, facilities, ideas, concepts, techniques, and know-how used, prepared or developed by us, and any improvements extensions or modifications thereof, are and shall remain the exclusive property of Mesotech, and may not be used by you, your agents, employees or others, without our prior written consent.
5. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
5.1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
5.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for Personally identifiable information, or otherwise.
5.3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the terms and conditions set out in these Terms.
5.4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
5.5. To impersonate or attempt to impersonate Mesotech, a Mesotech employee, another user, or any other Person or entity (including, without limitation, by using email addresses, user name, or screen
names associated with any of the foregoing).
5.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Mesotech or users of the Services, or expose them to liability.
5.7. You may not sell, lease, furnish, redistribute, retransmit, or otherwise permit or provide access to the Services except as permitted by us.
Additionally, you agree not to:
5.8. Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to use the Services.
5.9. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
5.10. Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
5.11. Use any device, software, or routine that interferes with the proper working of the Services.
5.12. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
5.13. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
5.14. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
5.15. Otherwise attempt to interfere with the proper working of the Services.
6.1. We have the right to:
6.1.1. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
6.1.2. Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
6.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS MESOTECH AND ITS PERSONNEL, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MESOTECH OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER MESOTECH OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
6.3. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We may update the content in or make changes to the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
8. Information About You and Your Visits to the Services
All information we collect via the Services is subject to our Privacy Policy (available at https://mesotech.com/pages/privacy-policy). By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
9. Links from the Services
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party services linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such services.
10. Other Terms and Conditions
10.1. Your use of the Services may also be affected by your other agreements (collectively, the “Additional Agreements”) with Mesotech.
10.2. The terms and conditions for the Additional Agreements, including any applicable fees, limitations, liability rules and other restrictions that might impact your use of the Services, are incorporated into these Terms. In the event of a conflict between Additional Agreements and these Terms, the terms of the applicable Additional Agreement will prevail unless these Terms specifically states otherwise.
10.3. Any breach of these Terms or the Additional Agreements will be automatically deemed a breach of all agreements between you and Mesotech, and Mesotech shall have the right to obtain injunctive relief in addition to any addition rights and remedies it may have under these Terms or the Additional Agreements.
11. Geographic Restrictions
We provide this the Services for use only by Persons located in the United States or Canada. We make no claims that the Services or content is accessible or appropriate outside of the United States or Canada. Access to the Services may not be legal by certain Persons or in certain countries. If you use or access the Services from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
12. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, YOUR USE OF THE WEBSITE, APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FOREGOING IS AT YOUR OWN RISK. THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MESOTECH NOR ANY PERSON ASSOCIATED WITH MESOTECH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MESOTECH NOR ANYONE ASSOCIATED WITH MESOTECH REPRESENTS OR WARRANTS THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, MESOTECH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MESOTECH, ITS PERSONNEL, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, OR ANY OTHER SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Indemnification
You agree to defend, indemnify, and hold harmless Mesotech, its Personnel, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services’ content, data, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
15. Governing Law and Jurisdiction
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of the United States or the courts of the State of California, in each case located in Sacramento County, California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Waiver and Severability
No waiver by Mesotech of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mesotech to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17. Entire Agreement
The Terms, our Privacy Policy, and any Additional Agreements constitute the sole and entire agreement between you and Mesotech regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
18. Your Comments and Concerns
The Services are operated by Mesotech, having its principal place of business at 2731 Citrus Road, Suite D Rancho Cordova, CA 95742-6303.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: sales@mesotech.com or can be addressed via live support chat panels, website forms, or other customer feedback components on the Website.