(a) “We”, “Us”, “Our”, or “MBio” mean MBio Diagnostics, Inc. and its affiliates;
(b) “Website” means this web site, namely, www.mbiodx.com, and any other related web sites We may have or establish;
(c) “You” or “Your” means any visitor to this Website, including any entity You may represent and any entity purchasing products or services, or using this Website;
d) “Terms” means these Terms and Conditions of Use;
(e) “Content” or “Contents” means all text, graphics, videos, sounds, music, trade dress, trademarks, text, works of authorship, products, services, newsletters, articles, papers, features, functions, the selection and arrangement of the foregoing, and all other materials and information of any kind or nature contained on or made available on this Website.
5. Personally Identifiable Information. Personally identifiable information is information that identifies You, such as Your name, postal address, telephone number, e-mail address, credit card (or other financial account) information, and other information once it is associated with Your personally identifiable information. We may ask You to provide personally identifiable information when You create an online account, purchase products or services, contact Us with a question or concern, or participate in other activities when You visit the Website. We may also collect publicly available information about You from other sources, such as information from newspapers, blogs, and commercial websites or third party data aggregators. We may use such information to supplement Your personally identifiable information maintained by Us. We may also collect personally identifiable information that You voluntarily disclose on the Website, absent any request from Us.
6. Our Use and Sharing of Information.
(a) Fulfillment, Changes, and Communications. We use personally identifiable information for the purpose for which You provided it, such as to fulfill Your request for products, services or information, to process and administer Your requests, and to allow You to participate in any public area of the Website. We may also use personally identifiable information to notify You of changes to this Website, to provide You with news, e-mail offers, and other information, to let You know about other information, products and services that may be of interest to You, and to tailor Our online offerings to Your preferences.
(b) Website Analysis. We may also combine anonymous usage information collected from Your visit to the Website with that of other users to determine which features and areas of the Website are most popular. This aggregated information does not contain information personally associated with You.
(d) Aggregated Information. We may share aggregated information with third party service providers to assist Us with collecting demographic information and improving Our Website. We may also share aggregated information with potential advertisers, contractors, investors and other third parties in connection with the sale, advertising, or marketing of Our products and services.
(e) Social Networks. If You are a member of a social network service, such as Facebook, Twitter, MySpace, or similar websites or services that You have authorized to gather information about Your online behavior on Our Website, including participation in any behavioral reporting program they may operate on or off of their own site, We may share information regarding Your activities on Our Website with such third parties, and they may associate and use that information with personally identifiable information they already have about You (such as Your Facebook Profile).
7. Accessing and Disclosing Account Information. We may access, preserve, and disclose Your account, personal information, and content, as well as report any such information (including personally identifiable information) to law enforcement agencies, if We are required to do so by law or if We believe that such access, preservation, or disclosure is necessary or desirable for any of the following purposes: (a) to comply with legal process; (b) to enforce the Terms; (c) to respond to claims that any content violates the rights of third-parties; (d) to respond to Your requests for customer service; (e) to protect Our the rights, property, or personal safety, or that of Our users or members of the public; and (f) to deal with or report any activities that We, in good faith, believe to be unlawful.
10. Log Data. When You visit the Website, Our web servers may automatically collect anonymous information that describes how Our visitors use and navigate Our Website. This information includes the number and frequency of visitors to each web page and the length of their stays, as well as the anonymous information that Your web browser automatically sends to Us, such as browser type, referrer data that identifies the web page visited before and after Your visit to Our Website, and IP addresses. We also may determine what technology is available through Your browser to serve You the most appropriate version of a web page. For example, We may determine that You have installed a version of Flash, and We will then send to You the appropriate Flash version of the web page rather than an HTML page.
11. IP Addresses. An IP address is a number that is assigned to Your computer or network when You are on the Internet. When visitors request pages from Our Website, Our servers may log the visitor’s IP address. We or Our service providers may also serve advertisements based upon the geographic location of Your IP address.
12. Clear GIFs. Clear GIFs or pixels are invisible files on web pages that You visit. When You visit a page on the Website that contains a clear GIF, the clear GIF communicates with Your computer to determine, among other things, whether You have been to that page before or viewed a particular advertisement. We or Our third party advertising providers may use clear GIF to track usage of the Website.
13. Other Methods. Where authorized by law and as permitted by FTC guidelines, We may use web beacons, other monitoring technologies and third-party service providers who may gather data for purposes of advertising or reporting website traffic and statistics.
14. Third-Party Advertisements and Operations. We may allow third parties to deliver advertisements on Our Website or perform certain functions for Us. Our websites may also contain links to websites that are owned and operated by third parties. You should be aware that when You click on these third-party advertisements or links, You may deploy cookies or web beacons, which third parties may use to identify some of Your preferences or to recognize You if You have previously been to their website or otherwise had contact with them. Certain activities on Our Website, such as purchases, if applicable, may be performed or sponsored by third parties, and You will be asked to submit personally identifiable information to complete Your transaction. We do not control how these third parties use the information they collect from You, whether collected from the delivery of advertisements to You, Your use of links or other voluntary submissions of information. We have no responsibility (and disclaim any representations, warranties or responsibility) for these third-party advertisements and websites, including, without limitation, their content and privacy policies. We encourage You to read the privacy policies of the advertisers and websites to learn how they may collect and use information about You. If You voluntarily disclose personally identifiable information in a public area of Our Website such as a blog or message board, third parties may collect this information and use it to send You unsolicited marketing communications, messages or for other purposes. You disclose personally identifiable information in public areas of Our Website websites at Your own risk.
15. Copy of Personally Identifiable Information. You may obtain a copy of Your personally identifiable information by contacting your representative at MBio at the address below, via firstname.lastname@example.org, or at the telephone number of facsimile number provided on the Contact page of the Website. For Your protection, You may be required to provide proof of Your identity to obtain a copy of Your personally identifiable information. You may correct any errors in Your personally identifiable information by providing Us with the correct information, and We will delete Your personally identifiable information (except for Your transaction history) from Our records upon Your written request. However, You may not be able to access some areas of the Website if You choose to delete Your personally identifiable information. However, if You are or have been Our client or customer, or received any services from Us, We reserve the right to maintain archive copies of all communications and other documents in Our possession concerning or related to You, including personally identifiable information.
16. California. California Civil Code Section 1798.83 permits guests and customers who are California residents to request certain information regarding disclosure of personally identifiable information to third parties for their direct marketing purposes. You may make such a request by contacting MBio Diagnostics, Inc. at 3122 Sterling Circle, Suite 100, Boulder, Colorado, 80301.
17. Privacy of Children. We are committed to protecting the privacy of children. The Website is not intended or designed for children under the age of 13 years of age without parental consent and direct supervision. By accessing or using the Website, You represent that You are at least 13 years of age. MBio does not knowingly collect personal information directly from individuals under 13 years of age. If You are under 13, We ask that You not send Us any personally identifiable information unless You have parent or guardian permission. In the event that We learn that such information has been sent to Our Website by a person under 13 years of age, We will not create a profile or otherwise retain the child’s information.
18. Security. We use several encryption methods, such as Secure Sockets Layer, and other measures to ensure that the personally identifiable information You submit to Us is secure. We take reasonable measures to ensure that Your information remains reliable, accurate, complete and current. We also take physical, electronic and managerial steps to maintain the security and accuracy of information We collect, including limiting the number of people who have physical access to Our database servers, as well as using electronic security systems and password protections that guard against unauthorized access by other visitors or third parties. Unfortunately, no data transmission over the Internet is 100 percent secure. We and the Website will take reasonable measures, which We believe are appropriate to protect Your personal information from loss, misuse, alteration or destruction; however, We cannot ensure or warrant the security of that information.
19. United States Only. This Website is intended for users from the United States of America only. All matters relating to this Website are governed by the laws of the State of Colorado and the United States. If You are located outside of the United States and You contact Us, please be advised that any information You provide to Us will be transferred to the United States and that by submitting information You explicitly authorize this transfer and the processing of this information within the United States.
21. Opt Out. At various points during Your visit on Our Website, or when subscribing to a newsletter or mailing list, You may be asked to indicate Your willingness to allow Us to communicate with You on an ongoing basis, or receive updates or notifications regarding the products and services of MBio. We will honor Your preferences. At any time, however, You may opt out of further disclosures of Your personal information to third parties by contacting Us at the address noted below. It may take up to six (6) weeks to modify Your preferences.
22. Contacting Us. If You have any additional questions, please feel free to contact Us any time at the following address:
MBio Diagnostics, Inc.
3122 Sterling Circle, Suite 100
Boulder, CO 80301
Copyright © 2012 MBio Diagnostics, Inc. All rights reserved.