Terms of Use
Effective Date: October 04 2022
THESE TERMS OF USE (“TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE MiiM SITE, INCLUDING ALL INFORMATION AND OTHER CONTENT PROVIDED ON THE MiiM SITE (COLLECTIVELY, THE “SITE”). BY ACCESSING AND USING THE SITE, YOU AGREE THAT: (1) YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND (2) THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND MiiM, INC. (“ MiiM”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE.
1. Modifications
MiiM reserves the right to modify and update these Terms of Use, as well as any aspect of the Site at any time in its sole discretion. Any changes to these Terms of Use will be posted on the Site and MiiM will indicate the date the Terms of Use were last updated at the top of the updated version of these Terms of Use. Your continued access to or use of the Site will constitute your acceptance of any modifications and updates made by MiiM.
2. Site Content
The Site, including all information, services, images, graphics, software, and other content made available by MiiM on the Site (collectively, the “Site Content”) are the sole property of MiiM, its affiliates or their licensors. You agree that when using the Site, you will not: (1) interfere with service to any other user, or the software, networks or systems that MiiM uses to bring the Site to you, such as by submitting a virus or overloading, “flooding,” “spamming,” “mailbombing” or “crashing” the Site; (2) modify, alter or prepare other works based on the Site Content, or distribute copies of or publicly perform or display such Site Content, such as by posting the Site Content on any network computer or distributing the Site Content on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the Site; (3) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, scrape and/or extract data from the Site other than the search tools available on the Site and other generally available third-party web browsers; or (4) use the Site in a manner that is inconsistent with any and all applicable laws and regulations.
3. Trademarks
The names, marks and logos appearing in the Site Content are, unless otherwise noted, trademarks owned by or licensed to MiiM. You may not use MiiM’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services for promotional, advertising or any other commercial purpose, unless and to the extent MiiM specifically agrees in writing.
4. Links to Third Party Sites
The Site may include links to or plug-ins of third-party websites, apps or services that may be operated by companies not affiliated with MiiM. The inclusion of such links or plug-ins on the Site is provided solely as a convenience to you, and MiiM makes no representations or warranties regarding any such third-party website, app or service. If you choose to click on any link to or plug-in of a third-party website, app or service, you understand that you are connecting directly to the third-party website, app or service and will be subject to any terms of use, policies and privacy practices of such third party, which we encourage you to review.
5. Termination by MiiM
MiiM reserves the right, in its sole discretion, to limit or terminate or suspend your access to or use of the Site, in whole or in part, at any time without notice and without liability to you.
Termination of such access or use will not waive or affect any other right or relief to which MiiM may be entitled at law or in equity.
The following Sections will survive any termination or expiration of these Terms of Use: Sections: 1, 2, 3, 5, 7, 8, 9, 10, 11 and 12.
6. Privacy Policy
Please click here to view our Privacy Policy, which applies to personal information collected about you on the Site.
7. Warranty Disclaimer
MiiM MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND REGARDING THE SITE AND THE SITE CONTENT. MiiM, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.
8. Limitation Of Liability
IN NO EVENT WILL MiiM, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUES OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MiiM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MiiM’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, MiiM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
9. Indemnity
You agree to indemnify, defend and hold harmless MiiM and its affiliates, and each of their respective officers, directors, employees, agents, suppliers and representatives, from and against all losses, expenses, damages, fines, penalties and other costs, including reasonable attorneys’ fees, arising out of or related to (1) your use or misuse of the Site, including any Site Content; or (2) your breach of these Terms of Use. MiiM reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, in which event you agree to cooperate with any reasonable requests to assist MiiM’s defense of such matter.
10. Governing Law
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the substantive laws of the State of Utah without giving effect to any choice of law or conflict of law.
11. Class Action and Jury Waiver
You and MiiM agree that: (1) you and MiiM waive any right to a jury trial; (2) any dispute, claim or action will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor MiiM may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
12. Export Control
MiiM controls and operates the Site from the United States and does not claim that any part of the Site is appropriate or may be accessed or used outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site. You agree to comply with all U.S. or other export and re-export control restrictions. You represent and warrant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) listed on any U.S. government lists of prohibited or restricted parties.
13. General
To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect. No waiver of any provision in these Terms of Use shall be a further or continuing waiver of such provision or any other provision in these Terms of Use. The section names in the Terms of Use are for convenience only and have no legal or contractual effect. You may not assign these Terms of Use, or any of your rights or obligations hereunder, without the prior written consent of MiiM. MiiM may assign, transfer or sublicense any or all of its rights or obligations under these Terms of Use at any time without your prior consent. This is the entire agreement between you and MiiM relating to the subject matter herein.
14. How To Contact Us
If you have any questions about these Terms of Use, please contact our team at: info@miim.ai