Terms of Use /


Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.mprobe.com Website (the "Website") operated by mProbe Inc., a(n) Corporation formed in California ("us", "we", "our") as these Terms and Conditions contain important information regarding limitations of our liability. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have our permission to access or use the Website.

Availability, Errors and Inaccuracies


We strive to maintain the accuracy of our web site. However, we may encounter delays in updating the web site. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. We are not liable for availability, errors, or inaccuracies on the site.

We make no representations about the suitability of the information, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by us. We maintain administrative, technical, and physical safeguards designed to protect mProbe, our systems, data and communications, however, we cannot control all Internet systems and communication mechanisms. As such, we disclaim all warranties and conditions that this Website, its servers, or any email sent from us are free of viruses or other harmful components.

Links to Third-Party Sites 


This Website may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. 

Intellectual Property


All contents of this Website are ©2019 mProbe. All rights reserved. Website, and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, " Content ") are the proprietary property of mProbe and are either registered trademarks or trademarks of mProbe in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us. 

If you are aware of an infringement of our intellectual property, please let us know by contacting us at info@mprobe.com

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@mprobe.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. For issues related to copyright, please contact us through: info@mprobe.com.

You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright. 

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at info@mprobe.com and include the following information: 

1.    an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

2.  a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3.  your address, telephone number, and email address;

4.  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.


Damages


IN NO EVENT SHALL MPROBE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS Website OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS Website (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS Website; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS Website; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS Website WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF MPROBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IF, DESPITE THE LIMITATION ABOVE, MPROBE IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF MPROBE WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO MPROBE IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF MPROBE.

Governing Law, Severability, Dispute Resolution, and Venue


These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website. 

Any controversy or claim arising out of or relating to these Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in California.

Changes


We reserve the right to amend this policy at any time without any prior notice to you.

Questions


If you have any questions about our Terms and Conditions, please contact us at info@mprobe.com.