Mimis Cafe Terms of Use
 
MimisCafe.com (sometimes referred to herein as “this Web site”) is owned and provided by SWH Corporation (hereinafter “Mimis 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. 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 Mimis Cafe.
 
Members of the news media may use the downloadable photographs, logos, and other materials provided on this Web site for news reporting purposes.
 
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 Mimis Cafe and are protected by copyright, trademark, trade dress, and other laws. © 2004 Mimis Cafe. All rights reserved.
 
Submissions
 
It is the policy of Mimis Cafe not to accept any unsolicited suggestions for product improvements, new product ideas, or marketing ideas from outside the company. Any unsolicited suggestions or information you send us, including recipes, will be treated as non-proprietary and non-confidential and will become the property of Mimis 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 Mimis 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.
 
Limitation of Liability and Disclaimer of Warranties
 
Mimis 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. MIMIS CAFE SHALL NOT BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE) 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.
 
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.
 
Privacy Policy
 
The following Privacy Policy statement explains what information we collect from you, how we use that information and what choices you have with respect to that information.
 
What Information Do We Gather About Our Online Visitors, And How Do We Use That Information?
 
We gather information through two means – navigational information gathered when you visit this Web site and information that you provide to us. Generally, the information we collect online helps us respond to your requests, deliver requested services to or for you, and personalize and continually improve your experience at MimisCafe.com.
 
Navigational Information
 
When visiting this Web site, MimisCafe.com gathers navigational information about where visitors go on this Web site. This information allows us to see which areas of this Web site are most visited and thus, improve the quality of our visitors’ experience by recognizing and delivering more of the features, services and products our visitors prefer. Additional non-personally identifiable information (for example, domain type, browser version, service provider, IP address) may be collected, which provides additional information regarding the use of this Web site, such as how many times a page on this Web site is visited. MimisCafe.com uses this information on an aggregate basis to evaluate the effectiveness of this Web site, to analyze trends and to administer this Web site.
 
Information You Provide to Us and How We Use It
 
If you complete a “User Comments” form on this Web site, we may collect your name, e-mail address, phone number, mailing address and any information that you provide in the text of your message. Information provided in the “User Comments” feature is only used to respond to your inquiries.
 
If you purchase a gift card on this Web site, we will ask you to provide your name, credit card information, telephone number, e-mail address, any message that you would like to include with your gift card, as well as the recipient’s name and the address to which you would like the gift card to be shipped. This information is only used to process your gift card purchase.
 
Depending upon which location guide feature you use on this Web site, we may ask you to provide your address and/or your destination address. This information is used to provide you with the location information you request. MimisCafe.com reserves the right to use this information on an aggregate basis to analyze trends and help us determine what store information is most frequently accessed by our visitors.
 
If you elect to complete an employment application through this Web site, you will be asked to provide your name, mailing address, telephone number, e-mail address and information with respect to your work experience, background and position sought. In addition, you may submit your resume to us online. Any information that you provide to us at the employment portions of this Web site (i.e., if you complete an online application or submit your resume online) is only used to enable Mimis Cafe to consider your interest in employment with Mimis Cafe and, if hired, for employment and business-related purposes.
 
If you indicate while visiting this Web site that you would like to receive Mimis Cafe news and information, MimisCafe.com will use the e-mail address information that you provide to send Mimis Cafe marketing materials to you. If you previously signed up to receive Mimis Cafe marketing materials via e-mail but would now like to be removed from the MimisCafe.com e-mail marketing list, you can either use the “unsubscribe” feature on our e-mails or send your request to unsubscribe@MimisCafe.com. Please be aware, even if you do not “opt-in” to, or subsequently ask to be removed from, the MimisCafe.com e-mail marketing list, you may still receive e-mail confirmations for any gift card purchases made on this Web site.
 
MimisCafe.com does not sell, rent or trade the information that you provide to us at this Web site. We may, however, use third parties to help us provide services to you, such as fulfilling online gift card orders, processing payments, monitoring activity on this Web site, conducting surveys, providing online driving directions, and administering e-mails or contests that may occasionally be offered at this Web site. If personally identifiable information (i.e., name, address, e-mail address, telephone number) is provided by us or by you directly to any of these third parties, we will require that such information be maintained by them in confidence.
 
As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any preexisting Privacy Policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that Mimis Cafe, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
 
You should also be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect this Web site, the users of this Web site, or the public.
 
Use of Cookies
 
MimisCafe.com occasionally uses a browser feature known as a cookie, which assigns a unique identification to your computer. Cookies are typically stored on your computer’s hard drive and allow a Web site to be more responsive to your needs, while delivering a better and more personalized experience to you. Please also be aware that some of the third party service providers that we use on this Web site to help us provide services to you (for example, the store locator feature) may use cookies.
 
Changes in Policy
 
As we continue to offer you new and different types of content and services, MimisCafe.com may modify our information collection and use practices. Should there be a material change to our information practices, it will be applied only to information collected on a going-forward basis, and we will update this Privacy Policy statement. If you are concerned about how your personal information is used, please visit this Web site for this and other important announcements from MimisCafe.com.
 
Security
 
We accept user comments, online applications, resumes and gift card orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology. For example, 3.0 versions or higher of Netscape Navigator and versions of 3.02 or higher of Internet Explorer. This means you’ll be unable to inadvertently submit an online application or resume or place an order through an unsecured connection. Please be aware, however, that any information sent to us by any means other than one of the built-in forms on this Web site (such as an e-mail message generated manually by you) will not necessarily be sent through an encrypted or secured connection.
 
As an additional security measure, it is our policy to never send credit card information via e-mail. In addition, MimisCafe.com limits the number of employees that have access to the databases that contain personal information, and all MimisCafe.com employees are advised of the importance of confidentiality.


Interaction with Children

The Children's Online Privacy Protection Act (COPPA) governs information gathering online from or about children under the age of 13. Verifiable consent from a child's parent or guardian is required before collecting, using, or disclosing personal information from a child under the age of 13.

We collect no information about you or your child, other than that detailed in the previous section, when you visit our web site unless you choose to provide information to us. When a Mimis Cafe Web site needs to collect information about a child under 13 years old, COPPA required information and instructions will be provided by the specific Web page that collects information about the child. The Web page will specify exactly what the information will be used for, who will see it, and how long it will be kept.

There are several exceptions that permit collection of a child's email address without receiving parental consent in advance:

  • To provide the parents with notice and to seek consent for communications with the child. Note: this may require collection of the parent's email address as well.
  • To respond to a one time request from a child.
  • To respond more than once to a child's request; i.e., subscription to a newsletter. However, parental consent is required prior to the second communication.
  • To protect the safety of a child who is participating on the site; i.e., in a chat room.
  • To protect the site or to respond to law enforcement; i.e., in the case of a Web site compromise.

Personal information about children under 13 years of age may be needed to respond to his/her communication to us, such as to receive a poster or to acquire information for a school project. Personal information about your child will be destroyed immediately upon completion of its intended purpose.

On rare occasions, it may be determined that a communication from a child under 13 years old should be maintained for historical purposes. Should such an occasion occur, Mimis Cafe will obtain the necessary consent from the child's parent.

Finally, a child under 13 years old may inadvertently provide personal information to one of our services. If this should happen, the information about the child will be deleted immediately upon discovery.


Questions-Contact Us

If you have any questions or concerns regarding our privacy practices, please contact us by clicking here