| 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. |
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| 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. |
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| Members
of the news media may use the downloadable photographs, logos, and
other materials provided on this Web site for news reporting purposes. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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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.
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If you have any questions or concerns regarding our privacy practices, please contact us by clicking here |
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