Mimi’s Cafe | Terms and Conditions
MimisCafe.com (sometimes referred to herein as “this Web site”) is owned and provided by SWH Mimi’s Cafe, LLC (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.
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.
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.
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.
Mimi’s Cafe 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.