MimisCafe.com (sometimes referred to herein as "this Web site") is owned and provided by SWH Corporation (hereinafter "Mimi's Cafe"). Your use of this Web site is subject to the terms and conditions contained in this document and constitutes your acceptance and agreement to be bound by all of the terms and conditions contained herein. You should review this document frequently. We reserve the right to change the terms and conditions at any time without notice.
Your use of this Web site is limited to personal and noncommercial use unless other uses are expressly granted to you. You may download or make a single copy of material from this Web site for your personal and noncommercial use. The design of this Web site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web site are protected by U.S and international copyright, trademark and other laws, regulations and treaties and may not be used except as permitted in these terms and conditions. You may not copy, distribute, modify, transmit, reuse, re-post or otherwise display this Web site's content for public or commercial purposes without the express written permission of Mimi's Cafe. In the event of a violation of these laws, regulations or treaties, Mimi's Cafe reserves the right to seek all remedies available by law and in equity. Mimi's Cafe reserves the right to block or deny access to the Web site to anyone at any time for any reason.
Members of the news media may use the downloadable photographs, logos, and other materials provided on this Web site for news reporting purposes; provided, however, you may not modify these photographs, logos or other materials when used for this purpose.
INTELLECTUAL PROPERTY
Unless otherwise indicated,
this Web site and its contents (including, but
not limited to, all text, photographs, images,
video, and audio) are the exclusive property of
Mimi's Cafe and are protected by copyright, trademark,
trade dress, and other laws. © 2009 Mimi's Cafe.
All rights reserved. No license to the use of
such marks, names, images or trade dress is granted
to you under these terms and conditions or by
your use of the Web site. Your misuse of the trademarks
displayed on the Web site is strictly prohibited.
You are also advised that Mimi's Cafe will aggressively
enforce its intellectual property rights to the
fullest extent of the law, including the seeking
of civil remedies and criminal prosecution.
SUBMISSIONS
It is the policy of Mimi's Cafe not to accept any unsolicited suggestions for product improvements, new product ideas, or marketing ideas from outside the company. Any unsolicited suggestions, material, ideas, concepts, know-how, techniques, questions, comments or other communication or information you send us, including recipes, will be treated as non-proprietary and non-confidential and will become the property of Mimi's Cafe for use without compensation in our sole and unlimited discretion.
LINKS
This Web site may provide links or reference to other Web sites. Although Mimi's Cafe endeavors to provide links only to Web sites that are reputable and safe, we cannot be held responsible for the information, products, or services provided on such other Web sites and will not be liable for any damages arising from your access to such Web sites. Any links to other Web sites are provided merely as a convenience to the users of this Web site, and the inclusion of any such links in this Web site does not imply an endorsement of any linked or framed Web site or its content.
SPECIFICATIONS AND ACCURACY OF INFORMATION
All features, content, specifications, products and prices of products and services described or depicted on this Web site, are subject to change at any time without notice. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. We attempt to ensure that information on this Web site is complete, accurate and current. Despite our efforts, the information on this Web site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web site. For example, products included on this Web site may actually carry a different price than that stated on this Web site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
LINKING TO THIS WEBSITE
Creating or maintaining any link from another Web site to any page on this Web site without our prior written permission is prohibited. Running or displaying this Web site or any information or material displayed on this Web site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web site must comply will all applicable laws, rule and regulations.
SPECIAL NOTICE
Mimi's Café has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on this Web site is prohibited absent express written permission from Mimi's Cafe.
LIMITATION OF LIABILITY
AND DISCLAMIER OF WARRANTIES
Mimi's Cafe makes no
representations or warranties as to the completeness
or accuracy of any of the information contained
on this Web site, and makes no commitment to update
such information.
THE CONTENTS OF THIS
WEB SITE ARE PROVIDED ON AN "AS-IS" BASIS AND
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT.
MIMI'S CAFE AND ANY OF ITS RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES,
AGENTS, SUCCESSORS OR ASSIGNS SHALL NOT BE LIABLE
FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE
- INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH,
THE USE OF OR INABILITY TO USE THIS WEB SITE OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES
OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH
THIS WEB SITE, REGARDLESS OF WHETHER SUCH DAMAGES
ARE BASED ON CONTRACT, TORT, STRICT LIABILITY,
OR OTHER THEORIES OF LIABILITY. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS
OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IN THE
EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY
CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO
CEASE USING THIS WEB SITE.
CHOICE OF LAW AND ENFORCEMENT
The agreement created by your use of this Web site is governed and interpreted by the laws of the State of California without regard to its conflict-of-laws provisions. The courts of the State of California shall have exclusive jurisdiction over any dispute arising out of or relating to your use of this Web site. A printed version of these Legal Notices will be admissible in judicial and administrative proceedings based upon or relating to these Legal Notices to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
GUEST EXPERIENCE SURVEY SWEEPSTAKES
Official Rules - No Purchase Necessary to Enter or Win. Making a Purchase Will Not Improve Your Chance of Winning.
- How to Enter: Two ways to enter the Mimi's Cafe Guest Experience Survey Sweepstakes: (1) To enter online, complete and submit an entry form at www.mimisfeedback.com/sweepstakes. Entry must be filled out completely with name, address, city, state, zip code, phone number, and e-mail address. Online entries must include a valid e-mail address. Online entries must be received by 11:59:59 PM Eastern Time on 4/28/10 or (2) on a 3" x 5" paper, hand print your name, address, city, state, zip code, phone number and e-mail address (optional) and mail it to: Mimi's Cafe "Guest Experience Survey Sweepstakes", P.O. Box 16500, Rochester, NY 14616 to be postmarked by 4/28/10 and received by 5/10/10. Limit of one entry per person by any method of entry.
Mechanically reproduced entries will not be honored.
Any form of entry other than the ones described herein are void. Mimi's Cafe and its affiliates ("Sponsor")
and their agents are not responsible for incorrect, lost, late, misdirected, damaged, incomplete, illegible, or postage-due entries.
Sponsor and their agents are not responsible for computer system errors, software/hardware malfunctions, or other errors, failures,
or delays in transmission that are human, mechanical or technical in nature, or any combination thereof resulting from a participant
entering any part of this sweepstakes. Sponsor reserves the right in its sole discretion to cancel or suspend the internet portion
of this sweepstakes should a virus, bug, or other cause beyond the control of Sponsor corrupt the administration or proper conduct
of the sweepstakes and in such event all automatic entries or internet entries submitted at the time of cancellation or suspension
will be considered in the random drawing. Online entries will be deemed to have been submitted by the Authorized Account Holder of
the e-mail address submitted at time of entry.
“Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet
access provider, online service provider, or other organization (such as a business or educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute over the ownership of an e-mail address, prize will be awarded to the Authorized Account Holder of the designated e-mail address. This sweepstakes shall be governed by California law. By entering, participating or accepting any prize in this sweepstakes, you agree that California courts shall have exclusive jurisdiction over any dispute or litigation arising from or relating to this sweepstakes and that venue shall be only in Irvine, CA. All entries become the property of the Sponsor.
- Eligibility: Sweepstakes is open to US Residents, age 18 or older. Employees of Sponsor, its affiliates, subsidiaries, dealers, distributors, retailers, advertising and production agencies, The Sweepstakes Center, and their immediate families are not eligible. Anyone who attempts to defraud or in any way tamper with the sweepstakes will be deemed ineligible, and may be prosecuted to the full extent of the law. All federal, state, and local laws and regulations apply. Void in Puerto Rico, the US Virgin Islands, US Military installations in foreign countries and where prohibited or restricted by law. Odds of winning depend upon the number of entries received. Estimated circulation of offer: 14,000.
- Prize and Prize Value: One (1) Grand Prize: $2,500 cash. Total value of prizes $2,500.
- Winner Selection: Potential winner will be selected from all eligible entries received, in a random drawing conducted on or about 5/15/10, by The Sweepstakes Center (“Administrator”), an independent judging agency and whose decisions are final. The potential winner will be notified by mail to the address indicated on the entry form and will be required to complete an Affidavit of Eligibility and Liability/Publicity Release, which must be returned within 14 days to Administrator or an alternate potential winner, will be selected. Any failure to comply with these Official Rules will result in a forfeiture of eligibility to win the prize. Federal, state and local taxes (income or otherwise) are the winner’s responsibility. Winners' entry and acceptance of any prize constitutes permission (except where prohibited) to use winner's name and likeness for publicity purposes without additional compensation.
- Consumer Disclosure/Award Rules: In the event of inadvertent errors in the structure of, or printing of materials used in connection with, this sweepstakes, Sponsor reserves the right to terminate or amend this sweepstakes, in whole or in part, without prior notification and with immediate effect. In any such event, prize may be awarded based on entries received prior to date of termination or amendment.
- General Terms and Conditions: By entering, participating or accepting the prize, you agree that the Sponsor and/or Administrator has the sole right to decide all matters and disputes arising from this sweepstakes. By participating, entrants agree to be bound by these Official Rules and that all decisions of the Sponsor and/or Administrator on all matters relating to this sweepstakes are final.
Winner releases Sponsor, Administrator and their respective directors, officers, employees, and agents from any and all claims, liability, loss or damage including, without limitation, any personal injury (including death) or damage to property and any third party claims, arising from or relating to, in whole or in part, this sweepstakes, including entry and participation in this sweepstakes and acceptance, possession, use or misuse of the prize, whether under theory of contract, tort (including negligence and/or fraud) warranty or other theory. You further agree that in the event of any third party claims, damages, losses or injuries, arising from or relating to this sweepstakes arising from your entry, participation or acceptance of any prize, you indemnify Sponsor, its directors, officers, employees and agents from any and all such claims, including reasonable attorneys’ fees related thereto.
- Winners List: For a list of the winner send a self-addressed stamped envelope with your request to: Mimi's Cafe Guest Experience Survey Winner List, The Sweepstakes Center, PO Box 16350, Rochester, NY 14616. Request must be postmarked by 4/28/10 and received by 5/15/10.
- Sponsor: Mimi's Cafe, 18872 MacArthur Blvd., Suite 400, Irvine CA 92612
QUESTIONS-CONTACT US
If you have any questions
or concerns, please contact us by clicking here.
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