Mimosa Books & Gifts Website Terms of Use
Website Terms of Use for Mimosa Books & Gifts
Last Modified: 3/17/2021
Acceptance of the Terms of Use
Mimosa, Inc. (“Company”, “we”, “us” and “our”) offers this website (mimosaspirit.com), including all products, services, programs, resources, materials, blogs, training and educational videos, and other information accessed on or through our website (collectively, “Content”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (“Terms of Use”).
Please read these Terms of Use carefully before you start to use the website. By accessing or using any part of this website you accept and agree to be bound by these Terms of Use and our Privacy Policy, found at https://www.mimosaspirit.com/pages/mimosa-books-gifts-privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you should not access this website or use any services or features offered by it.
This website is intended for users who are 18 years of age or older. By using this website, you represent and warrant that you meet this requirement. If you are under 18, do not access or use this website.
Changes to the Terms of Use
Any new videos, tools, or other features which are added to the website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice. While we update certain Content from to time, none of the Content is necessarily complete or up-to-date. Additionally we will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to certain or all users, including users who are registered members.
To access the website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current, and complete. You agree that all information you provide to register with this website or otherwise, including, but not limited to, through the use of any interactive features on the website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your customer account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your customer account at the end of each session. You should use particular caution when accessing your customer account from a public or shared computer so that others are not able to view or record your password or other personal data.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, or terminate or suspend your access to all or part of the website at any time if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the website for your personal, non-commercial use only. You cannot reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Use, your right to use the website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
User Contributions
Our website and our applications on third-party websites (including our social media pages and livestreams) may offer interactive features that allow you to share messages, opinions, audio, video, photos, or other content with other users of our website and/or our applications (collectively, “User Contributions”). All User Contributions must comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content, accuracy, or lawfulness of any User Contributions posted by you or any other user of this website. All User Contributions you provide to us in any manner or rely upon are done so at your own risk.
All of your User Contributions will be considered non-confidential and non-proprietary, and we have the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion. This includes without limitation the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Terminate or suspend your access to all or part of the website for any reason, including without limitation, any violation of these Terms of Use.
For each User Contribution you share with us in any manner, you grant us and our affiliates a royalty-free, perpetual, irrevocable, non-exclusive, fully assignable right and license to use, reproduce, modify, translate, transmit, and distribute, display, and otherwise disclose to third parties any part of such User Contribution (including your name, image, likeness, and/or voice contained therein) without further compensation or permission. You further waive all claims arising directly or indirectly from our exercise of the rights granted to us in this paragraph.
You represent, warrant, and agree that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, and our respective licensees, successors, and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use.
Prohibited Conduct
In using this website you agree not to:
Violate any federal, state, local, or international law or regulation.
Violate or encourage others to violate the rights of third parties, including intellectual property rights.
Interfere with the operation or any user’s enjoyment of the website, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, attempting to collect personal data about users or third parties without their consent, or exposing them to liability.
Perform fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth.
Provide User Contributions containing any material that is unlawful, inaccurate, defamatory, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, inflammatory, inappropriate, or that otherwise violates these Terms of Use.
Information About You and Your Visits to the Website
All information we collect on this website is subject to our Privacy Policy. By using the website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links from the Website
If this website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimers
All Content accessed on or through our website is of a general nature, provided solely for informational purposes, and does not guarantee any particular result. Any reliance you place on any Content is strictly at your own risk.
Based on the foregoing and without limitation, the Content should not be perceived or relied upon in any way as:
Medical advice and makes no claims for specific or general healing or health results, and should not be used to: (i) examine, diagnose, or treat any medical condition; (ii) prescribe medications; (iii) make claims for specific or general healing or health results; or (iv) as a substitute for traditional medical treatment.
Legal advice for you or any particular individual or entity, including with respect to any licensure requirement(s) in a particular jurisdiction, or any other legal or regulatory requirements on any matter in any jurisdiction, whether related to the Content or not.
Tax, accounting, financial, or business advice for you or any particular individual or entity, including with respect to: (i) earnings/profitability; (ii) short or long-term business decision-making; or (iii) any other result of any kind.
For medical advice, you should consult a licensed healthcare specialist. For legal, tax, accounting, financial, or business advice, you should consult a lawyer, accountant, business advisor, or other qualified professional (as appropriate) in the relevant jurisdiction. We disclaim and accept no responsibility or liability whatsoever for any injury, loss or damage in any shape or form incurred in part or in whole, as a direct or indirect result of any use or reliance placed on any Content by you or any other visitor to the website.
Some Content contains information provided by third parties, such as other users, companies, bloggers, or podcasters. All statements and/or opinions expressed by these third parties are solely the opinions and the responsibility of the person or entity providing the information, statements and/or information. The statements and/or opinions expressed by these third parties do not necessarily reflect those of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any statements, opinions, or information provided by any third parties.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE WEBSITE, THE RESULTS OF THE USE OF SUCH CONTENT, THE SUITABILITY OF SUCH CONTENT FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THE CORRECTNESS, ACCURACY, COMPLETENESS, AVAILABILTY, OR RELIABILITY OF SUCH CONTENT OR THE WEBSITE ITSELF. THE COMPANY DOES NOT WARRANT THAT USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ITS CONTENT ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE WEBSITE AND/OR ANY CONTENT ON THE WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, UNDER ANY LEGAL THEORY, AND EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, shareholders, directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the website, including without limitation your User Contributions, your use of the Content other than as expressly authorized in these Terms of Use, and your use of any information obtained from the website.
Governing Law and Jurisdiction
All matters relating to the website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in the federal or state courts located in Dane County, Wisconsin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Mimosa, Inc. regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
Your Comments and Concerns
This website is operated by Mimosa, Inc.
All other feedback, comments, requests for technical support, and other communications relating to the website should be directed to: mimosabooks@gmail.com.