Welcome to our Miaj’s website. The following rules and regulations apply to all visitors to or users of our website. We provide the services available on the website to you subject to the following terms and conditions (the "terms of use & copyright"). By accessing or using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms of use and understand that they may be modified by Miaj at any time and posted on this Web site. In the event of a violation of these rules and regulations, Miaj reserves the right to seek all remedies available by law and in equity.
PRIVACY POLICY
You may review our privacy policy by clicking on Confidentiality at the bottom of the page.
ACCURACY OF INFORMATION
Miaj attempts to be as accurate as possible when describing our products on the website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the website is accurate, complete, reliable, current, or error-free.
LINKING
Miaj is not responsible for the content of any off-website pages or any other websites linked to or from the website. Links appearing on the website are for convenience only and are not an endorsement by Miaj. Linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, nor do we warrant the offerings of, off-website pages or any other websites linked to or from the website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
LIMITATION OF LIABILITY
Limitation of Liability. miaj.com IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR MIAJ.COM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF YOUR BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO MIAJ.COM; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON miaj.com; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF miaj.com, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS WEB SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).
LIMITED LICENSE
We grant you a limited, revocable, and non-exclusive license to access and make personal use of miaj.com. You may not frame or utilize framing techniques to enclose miaj.com or any portion thereof without our prior written consent. No right, title or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying.
The limited license set forth in this Paragraph does not include the right to: (i) reproduce, publish, display, transmit, distribute, modify or copy any of the Content, the Web site or any related software; (ii) modify or download miaj.com or its Content (except caching or as necessary to view content); (iii) sell, participate in a sale, or create any derivative work based upon either miaj.com or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
INTELLECTUAL PROPERTY
Miaj’s name, its product names, and its logos, and all related product and service names, design marks and slogans are the trademarks or service marks of IGI, Inc. All content available on miaj.com, including, by way of example, text, graphics, logos, images, audio clips, data compilations, software, and the compilation thereof (collectively, the "Content") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled, or licensed by IGI, Inc., and are protected by United States and international copyright and trademark laws. All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on miaj.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
WEB SITE SECURITY
Users are prohibited from violating or attempting to violate the security of the Miaj Web site (the "Web site"), including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site or any activity being conducted on this Web site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web site other than the search engine and search agents available from Company on this Web site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
FEEDBACK
Any inquiries, comments, feedback, suggestions, ideas or other information or materials you provide us (collectively, "Comments") will be treated as non-proprietary and non-confidential, and we may decline to receive, implement or respond to them. Subject to the terms of our Privacy Policy, by transmitting or posting any Comments, you hereby grant us an assignment of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thus, IGI, Inc. will own all such rights, titles and interests exclusively and shall not be limited in any way in its use, commercial or otherwise, of the Comments. For example, we may reproduce, publish, sell, create derivative works from, and display any Comments in any form, media, or technology alone or as part of other works. Your Comments may not be returned. We are under no obligation to compensate you for your Comments, and we may use your Comments, and any ideas, concepts or know how related thereto for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you submit Comments, you represent and warrant that you own or otherwise control the rights to your Comments. You further represent and warrant that such Comments do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Comments. You agree to indemnify us for all claims arising from your claims to any rights in any Comments.
INDEMNIFICATION
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from: (a) your use of miaj.com; or (b) any attempt by you to violate the security of the Web site; or (c) a violation by you of the security of the Web site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
DISPUTES
Should a dispute regarding miaj.com arise between us, our rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Delaware, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Delaware. Any dispute relating in any way to your visit to miaj.com shall be submitted to confidential arbitration in Delaware. Arbitration under this agreement shall be conducted by JAMS under its rules then prevailing for the resolution of commercial disputes and any award shall be binding and may be entered as a judgment in court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
General
These Terms and Conditions, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of miaj.com, and supersede and govern all prior proposals, agreements, or other communications, whether written or oral. We may, in our sole discretion, change these Terms and Conditions at any time without prior notice by posting the changes on miaj.com, which will be effective immediately upon posting. Your use of miaj.com following any such changes constitutes your unconditional agreement to be bound by the Terms and Conditions. We may terminate any of the rights granted by these Terms and Conditions without prior notice. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at a later time, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions is held to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. |
