TERMS AND CONDITIONS OF USE
Please read the following Terms and Conditions of Use (these “Terms”) carefully before using the MyTresHermanas Website, located at www.MyTresHermanas.com, as well as any online features, services and/or programs offered by the Company (collectively, the “Website”). By accessing or using the Website, you agree to the following Terms. You should review these Terms regularly as they may change at any time in the sole discretion of the Company. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any data, comments, suggestions, feedback, information, text, software, sounds, photographs, audio, audiovisual, video, documents, images, logos, artwork, graphics, designs, messages and other materials of any nature.
1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you without charge as a convenience and for your information only. By merely providing access to the Website, Mizkan America, Inc. (the “Company”) does not warrant or represent that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) the Company has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is or will be accurate or complete.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of the Company. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms. We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms.
3. USER ACCOUNT, PASSWORD AND SECURITY.
(a) USER ACCOUNT. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password, User Account information and credit card information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, password, User Account information and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify the Company of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error. In order to purchase products through the Website you will be required to enter credit card information. These transactions are processed by a third party under contract to the Company. We do not have access to any credit card information.
(b) ACCURATE INFORMATION. If you choose to create and use a User Account on the Website, you agree that you will: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THIS EXCLUSION OF WARRANTIES DOES NOT APPLY TO ANY PRODUCTS THAT YOU MAY PURCHASE FROM THE COMPANY. THE COMPANY PROVIDES THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. UNLESS THE COMPANY OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF THE COMPANY, THE ENTIRE LIABILITY OF THE COMPANY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless the Company and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys‘ fees) assessed or incurred by the Company, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7. THIRD PARTY CONTENT. If a third party links to the Website, that is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the Company. In most cases, the Company is not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, the Company‘s Content; (ii) may not create a browser, border environment or frame the Company‘s Content; (iii) may not imply that the Company is endorsing it or its products or services; (iv) may not misrepresent its relationship with the Company; (v) may not present false or misleading information about the Company‘s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.
8. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are the Company‘s, or its subsidiaries‘ or affiliates‘, registered and unregistered trademarks. The Company is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of the Company, or its subsidiaries or affiliates, that may be referred to on the Website are the property of the Company, or one of its subsidiaries or affiliates. Other parties‘ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company‘s, or its subsidiaries ‘or affiliates’, trademarks, service marks or copyrights without the Company‘s prior written permission. The Company aggressively enforces its intellectual property rights. Neither the name of the Company, its subsidiaries or affiliates, nor any of the Company‘s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without the Company‘s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 7 above may use the name “Company” in or as part of that link.
9. AVAILABILITY. Information that the Company publishes on the Website may contain references or cross-references to products, programs or services of the Company, its partners, subsidiaries or affiliates, that are not necessarily announced or available in your area. Such references do not mean that the Company, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact the Company for information regarding the products, programs and services that may be available to you, if any.
10. TERMINATION OF SERVICE. We may terminate your right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to the Company, to its partners, to the business of the Website‘s internet service provider, or to other information providers.
11. GOVERNING LAW. These Terms will be governed by the laws of the State of Illinois, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in Illinois, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
12. LOCAL LAWS. The Company makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. The Company is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website.
Mizkan America, Inc.
1661 Feehanville Drive, Suite 300
Mount Prospect, IL 60056
Copyright © Mizkan America, Inc. All Rights Reserved.
EFFECTIVE AS OF: April, 2015
LAST UPDATED: April, 2015