Please read the following carefully. This is a legally binding agreement between you AS AN END USER (AS DEFINED BELOW) (“END USER” or “You”) and the mission ENGINE LLC (“missionOG” or “WE”). This website Terms of Service agreement together with all amendments, addenda, and licenses, and Collectively with all missionog rules and policies, constitute the “Agreement” between you and MissionOG. By accessing or using the MissionOG Website (“WEBSITE”) or any services provided by MissionOG (“Services”), you signify that you have read the Agreement and that you understand and agree to be bound by the Agreement.
If you have not read the Agreement, do not understand or agree to be bound by the Agreement, or are not able to consent to be bound by the agreement (e.g., if you are not old enough to enter into a binding legal contract), do not use our Website or services.
Anyone who accesses or uses our Website or Services is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of our Website and Services and use of any and all information or data of any kind arising from access to, or use of, our Website and Services, including, without limitation, any text, graphics, sound recordings, audio, video, and art work.
If you are accessing or using our Website or Services on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
MissionOG is a business services company that provides early-stage B2B companies that have proven feasibility with human and financial capital. MissionOG’s Website and Services provide information and resources about MissionOG and its portfolio companies, including relevant news, commentary on the marketplace, information about employment opportunities with MissionOG and its portfolio companies, links to portfolio companies’ sites, and links to other external sites.
The specific features and functionality of our Website and Services are dynamic and may change from time to time.
We reserve complete and sole discretion with respect to the operation of our Website and Services. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of our Website or Services at any time.
We disclaim—and you release us from any claims regarding—errors, inaccuracies, and omissions on the Website and through Services. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. MissionOG makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data on our Website or provided through our Services. MissionOG shall have no liability for any errors or omissions in the information provided on our Website or through our Services. If you believe any portion of our Website or Services includes an error or inaccuracy, please notify us.
Certain MissionOG materials on our Website and provided through our Services are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within our Website and through our Services that is not expressly designated as being provided by a third party is the property of MissionOG and its content providers, and MissionOG and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use our Website, the Services, and related materials solely for your own personal use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Website and through our Services, electronic reproduction, adaptation, distribution, performance, or display of our Website or Services, or any portion of our Website or Services, is prohibited. Changes to author attribution or copyright notices are prohibited. Use of any of our trademarks as meta-tags on any other website is also strictly prohibited. You may not display our Website or Services, or portions thereof, in things (e.g., framing, scraping, etc.) without our express written permission. You agree to cooperate with us to cause all unauthorized co-branding, framing, scraping, or linking to immediately cease. For further information on intellectual property matters contact: firstname.lastname@example.org. You further agree not to circumvent, disable, or otherwise interfere with security related features of the Services offered by MissionOG to End Users or any other features that prevent or restrict the use or copying of any related materials.
In connection with the use of our Website and Services, you may not:
MissionOG reserves the right to deny access to our Website or Services at our discretion and for any reason, including any breach of the Agreement.
Our Website and materials provided through our Services may refer to physical venues, geographical sites, websites on the Internet, and/or products or services that are not under the control of or maintained by MissionOG (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by MissionOG of any such Third Party Properties. You acknowledge that MissionOG is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that MissionOG is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. MissionOG does not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to on our Website or through our Services, you do so at your own risk.
Our Website and materials provided through our Services may contain materials submitted by third parties. Any such materials are provided solely as a convenience to you. Unless expressly stated to the contrary, MissionOG has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third party materials, you do so at your own risk. In no event shall MissionOG be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
It is not possible to operate our Website or Services with 100% guaranteed uptime. MissionOG will make reasonable efforts to keep our Website and Services operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Website or Services. In addition, MissionOG reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of our Website or Services, with or without notice.
You agree that MissionOG shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Website or Services.
Nothing provided on the Website constitutes tax, legal, insurance, or investment advice. Neither the information, nor any opinion, provided on the Website constitutes a solicitation or offer by MissionOG or its affiliates to buy or sell any securities, futures, options, or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Certain information provided on the Website and through the Services may contain forward-looking statements with respect to MissionOG’s and its portfolio companies’ future financial or business performance, strategies or expectations. Certain factors or circumstances could cause actual results to differ materially from such forward-looking statement or historical performance, including, without limitation, business risks, management opportunities and challenges, and changes in legal, political, economic, industry, market, and technological conditions. Decisions based on information provided on the Website are the sole responsibility of the End User.
You expressly agree that access to and use of OUR WEBSITE and Services are at your sole risk. OUR WEBSITE and services Are provided on an “as is” and an “as available” basis. MissionOG does not make, and hereby disclaims, any representations or warranties, express, implied, or statutory, regarding (a) OUR WEBSITE and Services; and (b) any products and services offered through OUR WEBSITE and Services, or any portion thereof, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, and any warranties arising by course of dealing or custom of trade. MissionOG makes no representation or warranty that any material, content, products, or services displayed on or offered through OUR Website or Services are accurate, complete, appropriate, reliable, or timely. MissionOG also makes no representations or warranties that OUR Website or Services will meet your requirements, or that your access to and use of OUR WEBSITE or Services will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise will be secure. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall MissionOG or any of its affiliates or suppliers (including any of its or their partners, officers, employees, agents, contractors, successors, or assignees) be liable to you (including any of your partners, officers, employees, agents, contractors, successors, or assignees) for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, negligence, intended conduct, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), including, without limitation, damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connectiON with (a) the Website or services; or (b) any products and services offered through the Website or services, or any portion thereof, even if MissionOG or any of its affiliates or suppliers has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.
Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall be no greater than the greater of: (A) the amount you paid to MissionOG for products and services in the last month and (b) one hundred U.S. dollars ($100).
You agree to indemnify, defend, and hold harmless MissionOG, its parents, subsidiaries, and affiliates, and its and their respective directors, officers, partners, employees, agents, contractors, successors, and assigns from and against all claims, demands, lawsuits, damages, liabilities, losses, costs, or expenses (including, but not limited to, reasonable fees and disbursements of counsel and court costs), judgments, settlements, and penalties of every kind arising from or relating to any violation of this agreement and any activity related to your use of the Website or services.
You agree that MissionOG may, in its sole discretion and without prior notice, terminate your access to or use of any of our Website or Services at any time and for any reason, with or without cause. You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to MissionOG for which monetary damages would be inadequate. You consent to MissionOG’s obtaining any injunctive or equitable relief that MissionOG deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies MissionOG may have at law or in equity.
MissionOG is committed to resolving any copyright infringement issues according to the Digital Millennium Copyright Act as outlined in this Notice and Takedown Procedure.
Such written notice should be sent to our designated agent by email to:
email@example.com, Subject: MissionOG DMCA Copyright Infringement Notification
or written communication to:
MISSIONOG DMCA Complaints
ATTN: Copyright Infringement Notification
PO Box 213
Devon, PA 19333
After we receive your copyright infringement notification, we will expeditiously take down the work(s).
If applicable, we will attempt to notify the alleged infringer of the copyright infringement notification and point them to the procedure for counter-notification. We will not share your personal information with the alleged infringer. If we receive a relevant counter-notification from the alleged infringer, we will forward it to you. You will have ten (10) days to notify us that you have filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on MissionOG’s Website or Services. If we receive such a notification, we will not restore the material. If we do not receive such notification, we may reinstate the material.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. Counter notifications should be sent to the email or postal address identified above.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on MissionOG’s Website or Services. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
At any time and at MissionOG’s sole discretion, we may add, delete, or modify the Agreement or our Website or Services. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing, and/or using our Website or Services. All changes to the Agreement shall be effective immediately.
Access to and use of our Website and Services are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this Section.
By accessing and using our Website or Services, you acknowledge and agree that MissionOG controls and operates all parts of the Website and Services from its offices in the United States of America. Unless expressly stated to the contrary, the Website and Services are intended for viewing and use in the United States. Unless expressly stated to the contrary, MissionOG makes no representation that the materials are appropriate or will be available for use in other locations outside of the United States. Unless otherwise expressly stated, all marketing or promotional materials found on or accessible through our Website or Services are solely directed to individuals, companies, or other entities located in the United States. MissionOG reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through our Website or Services is void where prohibited. If you use our Website or Services from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of our Website or Services in violation of United States export laws and regulations.
Any action related to the Agreement will be governed by the laws of the Commonwealth of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction. You and MissionOG agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website, our Services, or the Agreement will be exclusively in the federal or local courts located in Philadelphia, Pennsylvania.
MissionOG intends to resolve any and all disputes that may arise between it and its End Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to MissionOG in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. MissionOG shall respond within ten (10) business days with identical information from its perspective. You and a representative of MissionOG shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and MissionOG mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and MissionOG fail to resolve the matter, you may then proceed to litigation in the forum described in Section 14.4 above.
In operating our Website and providing our Services, MissionOG does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, the Services, our mail and e-mail addresses, or in any other way. Any information or material submitted or sent to MissionOG will be deemed not to be confidential or secret. By submitting or sending information or other material to MissionOG you represent and warrant that the information is original to you and that no other party has any rights to the material.
By communicating with MissionOG, including submitting or sending content to us, you grant MissionOG the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a MissionOG feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to MissionOG. You also warrant that any “moral rights” in such content is waived.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of our Website or Services, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If MissionOG does take any legal action against you as a result of your violation of the Agreement, MissionOG will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MissionOG. You agree that MissionOG will not be liable to you or to any third party for termination of your access to, or use of, any of our Website or Services as a result of any violation of the Agreement or for any reason at all.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by MissionOG. Any purported assignment lacking such consent will be void at its inception. MissionOG may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website or through our Services.
There may be portions of the Website and Services, for example directed contact forms to communicate with us, where we ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, username, phone number, email address and home and business postal addresses, and any other information that you decide to provide to MissionOG that could be used to personally identify you.
We may also collect other information that you provide that does not identify you (“Non-Identifying Information”). Non-Identifying Information includes, but is not limited to, your zip code (on its own), gender, age, and individual preferences. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences).
We may also combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users to attempt to provide you with a better experience, to improve the quality and value of the Website and Services, and to analyze and understand how the Website and Services are used.
When you visit the Website, whether you are logged in or just browsing without logging in, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your Internet Service Provider (ISP); your computer’s Internet Protocol (“IP”) address, browser type, and operating system; referring/exit pages; clickstream data; pages of the Website that you visit, the time spent on those pages, information you search for on the Website, access times, and dates; and other statistics. We use this information to monitor and analyze use of the Website and Services and for technical administration of the same, to increase the functionality and user-friendliness of the Website and Services, and to better tailor each of them to our users’ needs. For example, some of this information is collected so that when you visit the Website again, it will recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Website meet the criteria required to process their requests.
We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze, and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
When you access content through the Website and Services, you will be accessing a server operated by or on behalf of MissionOG and not your personal computing device or other hardware. The Website and Services will not at any time expose any files or personal information on your personal computing device or other hardware to MissionOG or other third parties or otherwise enable MissionOG or any other third party to have direct access to any of the files or personal information on your personal computing device or other hardware.
Please note that if you use any bulletin board, chat room, comment posting feature, or other public communication service, forum, or feature offered through the Website or Services, or post any information available for viewing by other End Users, any of the information that you share will be visible to other End Users. The information that you make available can be read, used, and collected by other End Users to send you unsolicited messages outside of the Website and Services. MissionOG is not responsible for the manner in which the Personal Information that you decide to share will be used by other End Users.
Log Data is collected automatically by the Website servers and related software. Because the Website automatically collects Log Data for all visitors and End Users that visit the Website, your Website session will be tracked. Because we do not match Log Data with Personal Information, you can remain anonymous in public areas of the Website. You can browse those areas of our Website without entering any Personal Information and, therefore, remain anonymous during your visit.
Additionally, in some of our email messages, MissionOG may use a “click-through URL” linked to content on the Website. When an End User clicks onto one of these URLs, the End User will pass through our Web server before arriving at the destination Web page. MissionOG tracks this click-through data to help us determine End User interest in certain subject matter and measure the effectiveness of these End User communications. You can avoid being tracked in this way by not clicking text or graphic links in emails from MissionOG.
Finally, we may use clear gifs or pixel tags, which are tiny graphic images, in order: (i) to advise us of what parts of the Website End Users have visited, (ii) to measure the effectiveness of any searches End Users perform on the Website, and (iii) to enable us to send emails in a format that End Users can read and tell us whether such emails have been opened in order to ensure us that we are sending messages that are of interest to End Users.
The End User information that MissionOG collects may be added to our databases and used for business purposes, including for marketing and promotional purposes, for a statistical analysis of End Users’ behavior, for product development, for content improvement, or to customize the content and layout of our Website. In addition, MissionOG will, on occasion, send emails to you about our services or third-party products. If you do not want to receive email from us, visit the “Opt Out” or “Unsubscribe” link at the bottom of any MissionOG email to remove yourself from continued receipt of email messages.
MissionOG’s policy is not to share the End User information it collects with third parties other than as specified below, or where an End User explicitly request that we share its information with a third party. We may share End User information with third parties under the following circumstances:
We work closely with certain business partners and service providers and we may provide End User information to our business partners and service providers so that they can offer or provide services to you. For example, we may provide End User information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. We may also employ third party companies and individuals for any of the following: to facilitate the Website or Services; to provide the Website or Services on our behalf; to perform related services, including without limitation, maintenance services, database management, fulfillment, web analytics, and improvement of the features or functionality; or to assist us in analyzing how the Website or Services is being used.
Under certain circumstances, you may avoid having MissionOG share your information with its business partners and service providers by not granting MissionOG permission to share your information. Not granting MissionOG permission to share your information with its business partners or service providers may limit your access to their services through the Website.
As we continue to develop our business, we may buy, sell, or share assets in connection with, for example, a merger, acquisition, reorganization, a sale of assets, or bankruptcy. In such transactions, information about End Users generally is often a transferred business asset. In the event that MissionOG itself or substantially all of MissionOG’s assets are acquired, information about our End Users may be one of the transferred assets.
We may release End User information when we believe, in our sole discretion, that release is appropriate: to comply with the law, including but not limited to, in response to a subpoena served on MissionOG; to enforce or apply the Agreement, including the Website Terms of Service and other agreements, rules, and policies; to protect the rights, property, or safety of MissionOG, our End Users, or others; or to prevent activity that we believe, in our sole discretion, may be or may become illegal, unethical, or legally actionable (including exchanging End User information with other companies and organizations for fraud protection).
We may release aggregate End User information (without revealing any Personal Information about you) to advertisers and other third parties in order to promote or describe use of the Website or the Services.
We are very concerned with safeguarding your information. We employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Website in the most expedient time possible and without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Under the terms of the Agreement, End Users must be at least thirteen (13) years of age to access and use the Website and Services. For the avoidance of doubt, in accordance with the Children’s Online Privacy Protection Act of 1998 (http://www.ftc.gov/ogc/coppa1.htm), the Website and Services are not intended or designed to attract children under the age of thirteen (13). Any access to or use of the Website or Services by anyone under the age of thirteen (13) is unauthorized, unlicensed, and in violation of the Agreement. By using the Website and Services, you represent and warrant that you are thirteen (13) years of age or older and that you agree to and agree to abide by all of the terms and conditions of the Agreement. If MissionOG believes that you are under the age of thirteen (13) or that you are not old enough to consent to and be legally bound by the Agreement, MissionOG may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of the Website or Services (or any portion, aspect, or feature of them), or (ii) delete any content or information that you have posted on the Website.