TERMS OF SERVICE
(Effective as of May 18, 2015)
PLEASE READ CAREFULLY
INTRODUCTION AND ACCEPTANCE OF TERMS.
THE TERMS OF SERVICE CONTAIN WARRANTY AND LIABILITY DISCLAIMERS. BY USING THE SITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE THE SITE.
- MODIFICATION TO THE AGREEMENT.
MINI+ME.COM may modify or update these Terms of Service at any time, with or without notice to you other than posting a revised version of these Terms of Service on the Site with an updated effective date. Any additional or different terms in these Terms of Service will be effective upon being posted on the Site. It is your responsibility to review these Terms of Service periodically. Your continued use of the Site following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of such additional or different terms. MINI+ME.COM reserves the right to add, change, modify, suspend or discontinue all or any of the Site, in its sole discretion, at any time. Your use of the Site will be subject to these Terms of Service. MINI+ME.COM reserves the right to refuse to provide you with access or continued access to any of the Site or refuse to allow you to create a user account for any reason or for no reason.
- WHO MAY USE THE SITE.
In order to use the Site, you represent you have read, understood, and agree to be bound by these Terms of Service and that you are over 13 years of age or using the Site with the permission and/or supervision of your parent or legal guardian. If you do not agree to all these terms and conditions, please do not check the acceptance box and do not attempt to access or use the Site.
PARENTAL AND YOUTH ADVISORY. IF YOU ARE UNDER THE AGE OF 13, YOU AGREE THAT YOU WILL USE THE SITE ONLY WITH THE PERMISSION AND/OR SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN. IF YOU ARE UNDER THE AGE OF 13, YOU WILL NOT BE ABLE TO CREATE A USER ACCOUNT ON THE SITE. BY CREATING A USER ACCOUNT ON THE SITE, YOU REPRESENT THAT YOU ARE OVER THE AGE OR 13. IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF SERVICE WITH YOUR PARENTS BEFORE USING THE MINI+ME.COM SERVICE. WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON THE SITE.
- HOW TO ENJOY MINI+ME.COM.
MINI+ME.COM allows users to register as a member on the Site at no cost to the user. Users may also create shopping lists and save searches online before purchasing products on the Site by clicking the cart checkout icon. In order to sign up as a member, the user must indicate his or her name and email address and choose a password. After providing this information, a confirmation email will be sent to the indicated email address before an account is officially created and accessible on the Site by the user.
- RETAIL TRANSACTIONS.
If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to the Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to MINI+ME.COM the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain measurements, weights and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. MINI+ME.COM reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, gift certificate, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
If you are not fully satisfied with your purchase or if you believe that your purchase is defective, you may contact the store owner directly through the Site.
You acknowledge that refunds are NOT be available electronically via the Site and that any returns, exchanges and chargebacks to any credit card or other payment method is at the discretion of the store owner from which the item(s) were purchased in the original Transaction and will be handled directly with the store owner.
- PROPRIETARY RIGHTS; LICENSE AND ASSIGNMENT.
The Site and the content provided through it are the property of MINI+ME.COM and/or MINI+ME.COM’s licensors, partners or affiliates. Subject to the terms and conditions of this Agreement, MINI+ME.COM grants to you a limited, non-exclusive, non-transferable license to access and use the Site in legally authorized jurisdictions for personal, non-commercial purposes on your personal computer or mobile device. MINI+ME.COM reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
All MINI+ME.COM trademarks, service marks, trade names, logos, domain names, and any other features of the MINI+ME.COM brand are the sole property of MINI+ME.COM (hereinafter, the “Content”). This Agreement does not grant you any right to use the MINI+ME.COM Content, or any other features of the MINI+ME.COM brand, whether for commercial or non-commercial use.
6.1. You may NOT, on your behalf or that of a third party, commit any of the following acts in regards to the Site:
a) make commercial use of the Site or Content, including but not limited to: (i) collecting product information for use on another website; or (ii) enabling others to access the Content on another website;
b) extract any data, scrape, mine, or other harness any data gathering tools, nor create a database of Site Content via systematic downloads;
c) copy, store, edit, change, prepare any derivative work of, or alter in any way any of the Content featured on the Site;
d) translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Site Content except as expressly allowed under applicable law;
e) circumvent any technology used by MINI+ME.COM or its licensors to protect content accessible via the Site;
f) rent, lease or sublicense any of the Site to others;
g) provide your password to any other person or use any other person’s username and password; or
h) use the Site in any other way that violates these Terms of Service.
Original content posted by store owners on their store pages is owned by the store owner and may not be used in any way without permission from the store owner, whether for commercial or non-commercial use.
ANY USE OF THE SITE AND ANY ELEMENTS OF IT NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
MINI+ME.COM expressly disclaims any and all responsibility or liability for any action by you that is contrary to this Section 6 or any applicable laws, and reserves the right to terminate your access to the Site immediately for your failure to comply with these Terms of Service or any applicable local, state or federal law.
- COPYRIGHT INFRINGEMENT.
MINI+ME.COM respects the rights of intellectual property owners, and we ask our users and video content owners to do the same. If you believe any content, products or materials posted on the MINI+ME.COM is infringing your copyright or the copyright of any third party, please notify MINI+ME.COM in accordance with the following procedure:
All notifications of copyright infringement must be in writing and directed to MINI+ME.COM’s designated agent at the following mailing address, or email address:
Sun Blossom Products LLC
Attn: Copyright Agent
P.O. Box 10714
Oakland, CA 94610
Please make sure to include in each notification of copyright infringement the following information:
(a) A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly being infringed;
(b) Specific identification of each copyrighted work claimed to have been infringed;
(c) A description of where the material believed to be infringed is located on the Site (e.g., hyperlink);
(d) Contact information for the complaining party, including a complete name, address, telephone number, and email address;
(e) A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE.
Occasionally, certain technical difficulties or maintenance may result in temporary interruptions to the Site. MINI+ME.COM reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any functions or features of the Site, with or without notice, all without liability to you or your third party affiliates for any interruption, modification, or discontinuation of the Site or any of its functions or features. You understand and agree that MINI+ME.COM has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. MINI+ME.COM is not responsible for any interruption in or discontinuation of the Site or any damage to you or your third party relationships that may result from such interruption or discontinuation.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions will remain in full force and effect. MINI+ME.COM’s failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision and no waiver will be effective unless it is made expressly in writing and signed by an authorized representative of MINI+ME.COM.
You acknowledge and agree that, although these Terms of Service are solely between you and MINI+ME.COM, MINI+ME.COM’s third party licensors, including, without limitation, its content providers (for example, store owners, performance rights organizations and providers of data services) are third party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, these third parties will have the right to enforce these Terms of Service as if they were original parties to this document.
You agree to indemnify and hold MINI+ME.COM, its directors, officers, employees, agents, affiliates and licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to, (i) your breach of these Terms of Service, including but not limited to, any infringement by you of the intellectual property of any third party; or (ii) any third party claims arising out of your use or misuse of the Site.
- GOVERNING LAW; JURISDICTION.
These Terms of Service will be is governed by, and will be construed under, the laws of the United States of America and the laws of the State of California, without regard to its conflict-of-laws provisions.
- DISPUTE RESOLUTION.
If you are using the Site in the United States, Sections 13.1, 13.2, 13.3, 13.4, 13.5, 13.6, and 13.7 apply as follows:
13.1. Negotiation. Before initiating any arbitration or legal proceeding, you and MINI+ME.COM agree to first attempt to negotiate any dispute or controversy related to these Terms of Service (“Dispute”) informally for at least thirty (30) days, to the extent permitted by law. Negotiations will begin upon written notice from one party to the other. MINI+ME.COM will send its notice to your billing or other physical address (if on file with MINI+ME.COM) and email you a copy to the email address you have provided. You will send your notice to: SUN BLOSSOM PRODUCTS LLC, P.O. Box 10714, Oakland, CA 94610.
13.2. Binding Arbitration. If the parties fail to resolve a Dispute through negotiations within the above thirty (30) day period, you and MINI+ME.COM agree that, except as provided in Section 13.6 below, all Disputes will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms of Service. In the event of a conflict between the terms set forth in this Section 13 and the JAMS Rules, the terms in this Section 13 will control and prevail. You may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and MINI+ME.COM will have the opportunity, within the parameters set by the arbitrator, for discovery of non-privileged information that is relevant to the Dispute. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Dispute, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. Except as otherwise provided in these Terms of Service, (i) you and MINI+ME.COM may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND MINI+ME.COM ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
13.3. Arbitration Fees. All fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
13.4. Location. The arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone and/or Internet connection appearances.
13.5. Limitations.You and MINI+ME.COM agree that any arbitration will be limited to the Dispute between MINI+ME.COM and you individually. YOU AND MINI+ME.COM AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.
13.6. Remedies.You acknowledge and agree that your sole remedy under these Terms of Service shall be an action at law to recover monetary damages, if any. In no event will you have a right to injunctive or other equitable relief hereunder.
13.7. Severability. You and MINI+ME.COM agree that if any portion of this Section 13 is found illegal or unenforceable (except any portion of Section 13.6 above), that portion will be severed and the remainder of this section will be given full force and effect. If Section 13.6 above is found to be illegal or unenforceable then neither you nor MINI+ME.COM will elect to arbitrate any Dispute falling within that portion of Section 13.6 above found to be illegal or unenforceable and such Dispute will be exclusively decided by a court of competent jurisdiction within San Francisco, State of California, United States of America, and you and MINI+ME.COM agree to submit to the personal jurisdiction of that court.
- DISCLAIMER OF WARRANTIES.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINI+ME.COM AND ITS LICENSORS, PARTNERS AND AFFILIATES, DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
MINI+ME.COM MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MINI+ME.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE. MINI+ME.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.
- LIMITATION OF LIABILITY.
THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SITE REMAINS WITH YOU.
IN NO EVENT SHALL MINI+ME.COM OR ITS PARENTS, MEMBERS, LICENSORS, SUBSIDIARIES, PARTNERS, AFFILIATES, SERVICE PROVIDERS, INVESTORS, SYNDICATORS, DISTRIBUTORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES (COLLECTIVELY, THE “MINI+ME.COM PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF THESE TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE THE SITE, EVEN IF MINI+ME.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE MINI+ME.COM PARTIES WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL ANY OF THE MINI+ME.COM PARTIES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE SITE GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
MINI+ME.COM'S LICENSORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT, AND SHALL HAVE THE RIGHT TO ENFORCE THIS AGREEMENT AGAINST YOU.
- NOTICE TO USERS OUTSIDE OF THE UNITED STATES.
- ELECTRONIC COMMUNICATIONS.
By using the Site or by clicking on the “I AGREE” button (or similar buttons or links as may be designated by MINI+ME.COM to show your acceptance of the Terms of Service), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Site.
Have questions about these Terms of Service? If so, please email us at support@MINI+ME.com or write to us at:
SUN BLOSSOM PRODUCTS LLC
P.O. Box 10714
Oakland, CA 94610
© 2015 SUN BLOSSOM PRODUCTS LLC
(Effective as of May 18, 2015)
PLEASE READ CAREFULLY
Children and COPPA
In accordance with the MINI+ME.COM Terms of Service, children under the age of 13 may access the Site with the permission and/or supervision of their parent or legal guardian. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), MINI+ME.COM does not collect any information from children under the age of 13. If you are under the age of 13, you will not be permitted to create a user account on the Site and/or submit Personal Information. If we learn that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Registration and Your Account Information
“Personal Information” means information that can be used to identify and contact you, such as your name, email address, mailing address, billing address, and credit card number. Although you do not need to submit Personal Information to access the Site, if you do not disclose certain Personal Information to us, you will not be able to create a member account. When you create an account, or access or use your account for purposes of accessing the Site, your email address and password will be used together so you can securely access and maintain your account.
At any time you may visit your personal account profile on the Site to confirm that all of your Personal Information is correct and up-to-date. In the event that Personal Information is lost, stolen or used without permission, users must promptly notify MINI+ME.COM. We can help reset your password, hold or cancel your account, and update our records accordingly.
Our Use of Google Analytics
We also keep track of your interaction with the Site. Specifically, our servers automatically record information that your browser sends whenever you interact with the Site. This information includes: (i) your IP address; (ii) your cookie ID; (iii) your browser type and version; (iv) which aspects of the Site you use and when and how long you use them; and (v) how you otherwise access the Site.
How Does MINI+ME.COM Use My Information?
Generally, we use the Personal Information that you provide to us to: (i) process your user registration; (ii) process credit card transactions; deliver electronic newsletters and other marketing communications; and (iii) provide, enhance and personalize the MINI+ME.COM Site. We use the information automatically collected by our servers to monitor and analyze how users use the Site, and to maintain and improve the Site.
Disclosure to Third Parties
We do not share your information with third party marketing agencies, nor do we engage third parties for online behavioral advertising. We may, however, disclose your Personal Information to the appropriate legal authority, without your consent, if we believe disclosure is necessary to comply with the law or the request of a regulatory agency. Additionally we may disclose your Personal Information at your direction or request, such as when you create a shopping list that you opt to make available to the public.
We may save member account information on a secure server so that on re-visiting our website, you will not need to re-enter that information. MINI+ME.COM may use this information in an aggregated form to measure number of visits, average time spent on the site, pages viewed, and other relevant statistics. MINI+ME.COM collects this information to measure the use of our Site and to improve the content of our Site. We may use your email address to contact you directly regarding services or products that we believe may be of interest to you. We may also use information collected about your preferences and activities at the Site or on the Site, such as the particular pages you request while accessing the Site.
Your Choices About the Collection and Use of Your Personal Information
Opting Out of Receiving Communications from Us
If, at any point in time, you are not interested in direct marketing emails from us, you will be able to opt-out of receiving them by clicking on the specified link in any given email communication or by modifying your personal settings. Please note that you may not be able to unsubscribe from certain non-marketing related correspondence from us, including messages relating to your MINI+ME.COM account unless you delete your MINI+ME.COM account.
Control of Your Information
You may have the right to access, update and correct inaccuracies in your Personal Information in our custody or control, subject to certain exceptions prescribed by law and practical technology limitations and time constraints. You can access and update most of your Personal Information through the use of the MINI+ME.COM Site. You may also request access, updating and correction of inaccuracies in other Personal Information we have in our custody or control by using the contact information provided below. To protect your privacy and security, we take reasonable steps (such as requesting a password) to verify your identity before granting you access or allowing you to make any corrections or updates. You are responsible for maintaining the secrecy of your password and account information at all times and for not sharing your password with others.
What Does MINI+ME.COM Do to Keep the Site Secure?
We may use industry-standard security methods to store your Personal Information on a secure server. The Site may contain links to other sites, and we cannot maintain and are not responsible for maintaining your privacy once you leave the Site. We attempt to only link to sites that share our high standards and respect for privacy. If you provide any information to parties who operate websites that are linked to or from the Site, different rules may apply to their collection, use or disclosure of your Personal Information. We encourage you to review other sites’ policies before revealing any sensitive or Personal Information. Under no circumstances shall MINI+ME.COM or its successors or assigns have any liability whatsoever for the activities conducted by you on the Site or on any website accessed from or through the Site. Regardless of the precautions taken by us, we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.
Special Note to Users Outside of the United States
If you are using the Site in the United States, the following terms apply:
All fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
The arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone and/or Internet connection appearances.
You and MINI+ME.COM agree that any arbitration will be limited to the Dispute between MINI+ME.COM and you individually. YOU AND MINI+ME.COM AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.
Questions? Contact Us:
Your privacy is very important to us. If you have any concerns or questions, please let us know by emailing us at support@MINI+ME.com
© 2015 SUN BLOSSOM PRODUCTS LLC