Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
All content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work or compilation under the United States and other copyright laws, and is the property of Powered by MiEN and its affiliates. This site includes works that are licensed to Powered by MiEN. Copyright Powered by MiEN, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Powered by MiEN or purchasing Powered by MiEN products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non – commercial use, or to place an order with Powered by MiEN or to purchase Powered by MiEN products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Powered by MiEN. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All logos used in the site are trademarks or registered trademarks of Powered by MiEN or of their respective owners. You may not use, reproduce, modify, delete, distribute, or display the trademarks for any purpose not authorized by these terms and conditions without the prior written consent of Powered by MiEN or the respective owner.
Warranty Disclaimer
THIS SITE AND ALL INFORMATION, SERVICES, AND MATERIALS PROVIDED TO YOU VIA THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, POWERED BY MIEN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON – INFRINGEMENT. POWERED BY MIEN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR – FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POWERED BY MIEN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT POWERED BY MIEN SHALL NOT BE RESPONSIBLE FOR ANY FAILURES OR OMISSIONS ASSOCIATED WITH YOUR USE OF THE SITE.
Limitation of Liability
POWERED BY MIEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR YOUR USE OR INABILITY TO USE THIS SITE OR THE INFORMATION, SERVICES OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POWERED BY MIEN WILL NOT BE LIABLE FOR THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY OR SUITABILITY OF THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE.
Registration and Username
Use In the event that you register for a username on this site, you agree that you are solely responsible for maintaining the confidentiality and security of that username and your password, and you are responsible for all acts and/or omissions that occur under the authority of your username. If you have reason to believe that there is any unauthorized use of your username or any other breach of security related to the site, you shall immediately notify Powered by MiEN by contacting us.
Submission of Information
Although Powered by MiEN strives to protect the information you submit to Powered by MiEN through this site, Powered by MiEN cannot guarantee the security or confidentiality of such information. You understand and agree to assume the security risk for any information you provide through the site. You hereby grant Powered by MiEN a non-exclusive, fully paid-up right to access, reproduce and use the information you submit to Powered by MiEN through the site solely for the purpose of facilitating its business relationship with you. Notwithstanding the foregoing, Powered by MiEN reserves the right to collect and use data from the site in accordance with its (add link to privacy policy) as modified from time to time.
Typographical Errors
The site may include technical inaccuracies or typographical errors. Changes may be made periodically and at any time to the site. Powered by MiEN products may be mistakenly listed at inaccurate prices, they may be mistakenly listed as available when, in fact, they are unavailable, or they may be mistakenly described. In the event that a Powered by MiEN product is mistakenly listed at an incorrect price, mistakenly described or mistakenly listed as available, Powered by MiEN reserves the right to refuse or cancel any orders placed for such product. Powered by MiEN reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Powered by MiEN shall issue a credit to your credit card account for the price paid.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be amended or terminated by Powered by MiEN without notice at any time, for any reason. Moreover, Powered by MiEN may terminate, restrict or suspend your username privileges at any time, without notice. The provisions of these terms and conditions shall survive any termination.
Notice
Powered by MiEN may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Powered by MiEN.
Choice of Law; Venue; Limitation on Claims
Your use of this site shall be governed in all respects by the laws of the State of Michigan, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Powered by MiEN products) shall be in the state or federal courts located in Kent County, Michigan, U.S.A. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Powered by MiEN products) must be commenced within one (1) year after the claim or cause of action arises. Powered by MiEN’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Powered by MiEN may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Powered by MiEN or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Powered by MiEN does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Powered by MiEN is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Powered by MiEN reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Powered by MiEN in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Powered by MiEN, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your username.
Third-Party Links
In an attempt to provide increased value to our visitors, Powered by MiEN may link to sites operated by third parties. However, even if the third party is affiliated with Powered by MiEN, Powered by MiEN has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Powered by MiEN. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Powered by MiEN seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).