Effective Date: October 04 2022
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.
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
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.
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.
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.
14. How To Contact Us