Terms of Use

Welcome to the Mycestro™ website (the “Site”). This site is owned and administered by Innovative Devices Inc. (“InnDev”).

Notice

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS SITE. By accessing, browsing or using the Site, you consent and agree to these terms and conditions of use and all applicable laws. If you do not agree with any part of these Terms of Use, you cannot use the Site.

General

The current terms and conditions governing use of the Site are those linked from our home page at www.mycestro.com. We may update or change those terms from time to time and may do so without advance notice to you. As such, you should check the Terms of Use page to ensure that you are aware of the most current terms. Your use of the Site following any change constitutes your agreement to follow and be bound by the terms as changed. As long as you comply with these Terms of Use, you may continue to use the Site.

Privacy and Security

You confirm you have read our Privacy Policy, which can be found here and the terms of which are incorporated into these Terms of Use. You consent to the use of your personal information by InnDev in accordance with the terms of and for the purposes set forth in our Privacy Policy.

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. The Site uses Secure Sockets Layer (SSL), the industry standard for secure commerce transactions to transmit your credit card information over the Internet. This means your credit card number is encrypted during the transaction process so the information cannot be easily read as it travels over the Internet. However, you agree that information sent over the Internet, including encrypted information, is never completely secure and may be intercepted or read by others. You assume the risk of sending any information over the Internet.

Conduct

In using the Site, you are prohibited from any resale or commercial use of the Site or of all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear as part of the Site (collectively the “Content”); any derivative use of the site or its Content; or any use of data mining, robots, or similar data gathering and extraction tools. You may not in any way seek to reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any information through any means not purposely made available through the Site. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of InnDev. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of InnDev and our business affiliates and partners without the express written consent of InnDev. You may not use any meta tags or any other “hidden text” utilizing InnDev’s name or trademarks without the express written consent of InnDev. You shall be solely liable for any damages resulting from any infringement or copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Site. Unless otherwise specified, the Site is for your personal and non-commercial (other than for the purchase of merchandise from the Site) use. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copies of portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with InnDev. Any other use of materials on the Site, including but not limited to the modification, reproduction, distribution, republications, display or transmission of the content of the Site, without prior written permission from InnDev is strictly prohibited.

You may not attempt to gain unauthorized access to the Site or any portion of the Site by using any means intended to test, bypass, or defeat any security or identification measures in use by the Site, including impersonating another user or supplying any false or misleading information. You are solely responsible for maintaining the security of passwords or any other account information that you possess and for any and all unauthorized use of your account that occurs, directly or indirectly, because you failed to keep your information secure. InnDev is not responsible for any damages that result from such unauthorized use. You agree to immediately notify InnDev of any unauthorized use of your account or other security breach.

Purchases

Additional or different terms apply to purchases made through this Site. You agree to comply with those terms, including the terms of any applicable warranty or software license. InnDev’s obligations in connection with purchases are set out solely in the agreements entered into as part of any purchase and are not altered or supplemented by these Terms of Use.

Content, Copyrights, and Trademarks

Unless otherwise noted, all Content is protected by applicable copyright, trademark, trade dress and/or other intellectual property laws and is owned, controlled, or licensed by InnDev, its partners, affiliates or suppliers. You are prohibited from copying, reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to any Content found on the Site. Nothing on the Site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Site, without the prior written permission of InnDev. Any rights not expressly granted herein are reserved.

InnDev respects the intellectual property rights of others. All users of the Site must also respect the intellectual property rights of InnDev and third parties. InnDev will respond promptly to claims of intellectual property infringement. Our procedure for handling allegations of copyright infringement are based on form suggested by the United States Digital Millennium Copyright Act, a copy of which is available from the web site of the Copyright Office at www.copyright.gov/legislation/dmca.pdf.

You will be liable for damages (including costs and attorneys’ fees) if you make any material misrepresentation in connection with making a claim of copyright infringement or countering such a claim.

If you believe that your work has been copied and is accessible on the Site in a manner that constitutes infringement of your copyright, you may notify us by providing the following information in writing:

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works on our Site.
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit InnDev to locate the material, such as a fully-qualified uniform resource locator (“URL”) pointing to the material.
  3. Information reasonably sufficient to permit InnDev to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.
  4. The following statement included in the notice: “I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
  5. The following statement included in the notice: “The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. A physical, electronic or digital signature, in a form reasonably acceptable to us, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  7. Send written communication to the following contact:
    • Innovative Devices Inc.
    • 8437 Mayfield Road, Suite 101B
    • Chesterland, OH 44026
    • 
USA
    • Tel: +1 (440) 729-0872
    • Attention: DMCA Notification Agent
  8. Send electronically-signed communication to notice@mycestro.com. A copy of your notice (with your personal contact information removed) may be published, including in place of any removed material. A link to your published notice may also be displayed in search results in place of the removed material.

DMCA Counter-Notification Procedure:

After receiving a notification of alleged infringement, InnDev will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, InnDev will provide the provider of affected material with a copy of the notice. The provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, the provider of affected material must provide a written communication (by postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below.

To assist us in processing your counter notification, please include the following information:

  1. Identify the material that InnDev has removed or to which InnDev has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
  2. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in Northern District of Ohio (if your address is outside of the United States, for any judicial district in which InnDev may be found), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
  3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  4. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to InnDev.
  5. Send written communication to the following address:
    • Innovative Devices Inc.
    • 8437 Mayfield Road, Suite 101B
    • Chesterland, OH 44026
    • 
USA
    • Tel: +1 (440) 729-0872
    • Attention: DMCA Notification Agent
  6. Send electronically- or digitally-signed communication to notice@mycestro.com. Upon receipt of a counter notification in substantial compliance with the DMCA, InnDev will provide the person who provided the initial notification with a copy of the counter notification. After receipt of the counter notification, InnDev will generally replace the removed material and cease disabling access to it, unless InnDev’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.

Links to Other Websites and Services

The Site may contain links to other Internet sites on the World Wide Web. InnDev provides such links for your convenience only and is not responsible for the content of any site linked to or from the Site. Links from the Site to any other site does not mean that InnDev approves, endorses, or recommends that site. InnDev disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.

Disclaimer

The Site and all contents, information, services and products of the Site are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including without limitation warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance.

You acknowledge, by your use of this Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that InnDev shall not be liable for any damages of any kind related to your use of this Site. InnDev makes no warranty that (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted, timely, secure, or error-free; (iii) the results obtained from use of the Site will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations; (v) any errors on the Site will be corrected; or (vi) the Site or services on which they are hosted are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights which vary from state to state.

Inaccuracy Disclaimer

From time to time there may be information on the Site that contains typographic and photographic errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Limitation of Liability

Except as prohibited by applicable law, in no event shall InnDev be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, negligence, strict liability, or other legal theory, including but not limited to damages from loss of profits, use, data, or other intangibles, even if InnDev had been advised of the possibility of such damages in advance. In particular, and without limitation, InnDev will not be liable for the damages of any kind resulting from the use of or the inability to use the Site or from any Content posted on the Site by InnDev or anyone else. However, nothing in this paragraph shall be interpreted to affect the individual product warranties that are standard for that product.

Your sole remedy for dissatisfaction with the Site or its content is to stop using the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. You agree that use of the Site is at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from access, browsing, or use of the Site, or the downloading or use of any materials, data, text or images from the Site.

Violation of Terms of Use

You agree that InnDev may disclose any information we have about you (including your identity) if InnDev determines in its sole discretion that disclosure is necessary in connection with any investigation or complaint regarding your use of the Site. InnDev may also disclose any information that is necessary or helpful in connection with legal processes against anyone violating InnDev’s rights or causing any injury to InnDev, its customers, or users of the Site. InnDev reserves the right to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or lawful governmental request. InnDev also may disclose your information when permitted by law or to protect itself from fraud. You agree that InnDev may preserve and disclose any information it has about you when required to do so by law or when preservation or disclosure is necessary or appropriate to enforce these Terms of Use, respond to claims against InnDev, or protect the rights of InnDev, its employees, users of or visitors to the Site, and the public. InnDev may, in its sole discretion and without prior notice, terminate your access to the Site or block your future access to the Site or both if InnDev determines in its sole discretion that you have violated these terms or other applicable policies governing use of the Site, in response to a request by a law enforcement or government agency, or to respond to technical problems. You agree that InnDev may take legal action against you for violating these terms and if so, InnDev will be entitled to recover from you its reasonable attorneys’ fees and costs associated with bringing such action. You agree that InnDev has no liability or obligation whatsoever as a result of its termination of your access to the Site as a result of any violation of these Terms of Use.

Indemnification

You agree to defend, indemnify and hold InnDev, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of the Site or any other person accessing the Site using your Internet account.

Applicable Laws

The Site is administered by InnDev from its offices in Cleveland, Ohio, United States of America. Your use of the Site shall be governed in all respects by the laws of the State of Ohio, USA, without regard to choice of law provisions, including all contracts for the sale of merchandise. You consent and submit to the exclusive jurisdiction of the state or federal courts located in Cuyahoga County, Ohio, in any legal proceeding directly or indirectly arising out of or relating to the Site. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

InnDev makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside the United States do so of their own accord and are responsible for compliance with applicable local laws. You may not use, export, or reexport the materials in violation of United States export laws and regulations. Any claim relating to the materials shall be governed by the substantive laws of the State of Ohio and the United States of America.

User Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you provide to InnDev (“Submission”) will be considered non-confidential and non-proprietary. InnDev will have no obligations with respect to the Submission. InnDev and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Submission and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

InnDev reserves the sole right to determine whether to display, redact, or delete all or part of any comment posted to this website, as for a blog.

In the event you place an order with InnDev through or using the Site, you agree that any order so placed shall be the same as a signed writing, created in the ordinary course of the sending party’s business, at or near the time of the events recorded and transmitted by a person with knowledge of the events. When the order is printed from electronic records, such an order shall be considered an original Document. The party placing the order shall not contest the validity of the Document on the grounds that it fails to meet the common law statute of frauds or the statute of frauds found in Section 2-201 of the Uniform Commercial Code, or other applicable law or statute, that it fails to meet the business records exception to the hearsay rule or that it fails the best evidence rule because it is not an original document.

Other

These Terms of Use and those found in the InnDev Privacy Policy set forth the entire understanding and agreement between you and InnDev with respect to the Site. You acknowledge that any other agreements between you and InnDev with respect to the Site are superseded and of no force or effect. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.