IMPORTANT! Please carefully read the following terms and conditions ("Terms") governing your use (including access, browsing and/or use of any interactive features) of those portions of the MIKING website accessible at www.miking.us, as well as and including any other MIKING websites or web pages accessible through the MIKING website or other promotional websites MIKING hosts or sponsors such as minisites or pages on third party social networking services, directed at consumers in the United States, including those portions of the MIKING website accessible by going to www.miking.us and selecting “United States” under the listings that appear below “America” on the “Languages” page or link, (collectively the “Sites”).
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU (SEE “AGREEMENT TO ARBITRATE DISPUTES” BELOW). THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Use of the Sites is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. We reserve the right to change the Terms at any time. Any such changes will be posted on the Sites and you agree to be bound by such changes.
2. OWNERSHIP RIGHTS/USE OF SITES MATERIALS
Miking Llc. and/or its worldwide affiliates (“MIKING”) own all right, title and interest in and to the Sites and/or own the content and applications on the Sites (including on social network websites).
MIKING owns all copyrights for all material on the Sites or has a valid right from a third party to use the material on the Sites. MIKING also owns all trademarks, service marks, trade names, logos and domain names used on or in connection with the Sites or has a valid right from a third party to use any such material. Any modification or use of the materials from the Sites for any purpose not explicitly permitted is a violation of MIKING's copyright and other proprietary rights.
No part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of MIKING. This prohibition also includes framing any content from the Sites, as well as unauthorized linking.
3. DISCLAIMER/LIMITATION ON LIABILITY
Use of and browsing in the Sites are at your own risk. Neither MIKING nor any party representing or otherwise affiliated with MIKING in creating or presenting the Sites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Sites, except where such liability or damage is the result of MIKING’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.
MIKING is not responsible for third party websites that link to or from the Sites. MIKING does not endorse any such sites or the goods or services offered on such sites. MIKING disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. MIKINGshall not be held liable or responsible for the content of any sites that link to or from the Sites.
5. ACCURACY OF INFORMATION
MIKING takes reasonable steps to ensure the accuracy of the information included in the Sites. However, MIKING takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.
When applicable, prices displayed on the U.S. portion of the MIKING website are shown in U.S. dollars and do not include taxes. Prices are provided for informational purposes and are not binding. Please also note that prices shown may vary between the U.S. mainland, Hawaii, Guam and Saipan. The price displayed is based on such jurisdiction as inferred from your computer IP address. Prices remain subject to change without notice.
Prices for Fine Jewelry pieces displayed on the U.S. portion of the MIKING website are based on size 7 and 10 or Medium and are likely to vary for smaller or larger sizes.
7. NO WAIVER
The failure on the part of MIKING to enforce any part of these Terms shall not constitute a waiver of any of Miking's rights hereunder for past or future actions.
By submitting a question, comment, communication or other content (“Statement”) to www.miking.us (the “Site”), you hereby grant MIKING the perpetual, worldwide right and permission to use, post and repost your Statement, in whole or in part, either alone or accompanied by other material, with or without with your name, for any purpose whatsoever, including advertising, promotion or trade, in any media now known or hereafter invented, including, but not limited to, any and all Internet media (including the Site and any other MIKING websites and applications, third party sites, and social networking sites), in all forms of print, point-of-sale and publicity materials (e.g., press releases) and in Miking´s email marketing campaigns and newsletters.
You warrant and represent that all of the Statements you have made regarding MIKING and/or its products are true and accurately reflect your honest opinion of and experience with MIKING and its products. You have made the Statements without any prior payment or promise of payment, or any other benefit having been made to me and without any expectation by you of any payment or benefit in return. You agree to notify MIKING immediately if any of the Statements no longer represent your true and honest experience and opinions. You further warrant and represent that you are not an employee of Miking nor are you a paid spokesperson for Miking.
You agree that the Statements made by you may be used in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form to meet the requirements of copy or layout, provided that the general sense is not changed. You further agree that the Statements made by you may be modified and/or altered by Miking to remove any store names and/or personally identifiable information or other sensitive information about yourself or others.
MIKING expects all of its users to be respectful of other people. Your Statement will not be posted if it violates the following guidelines (“Guidelines”) which prohibit any Statement that contains any of the following types of content:
Obscenities, discriminatory language, or other language not appropriate for this Site or any public forum.
Advertisements, 'spam' content, or references to other products, offers, or websites.
Any content or materials which you do not own and/or are otherwise infringing or for which you have not secured all necessary rights.
Email addresses, URLs (www.miking.us ok), phone numbers, physical addresses, or other forms of contact information.
Comments that harass, abuse, disparage, and/or defame another person or entity, including any other authors who post to this Site or any of their comments.
Discussion of medical conditions or claims of medical effectiveness.
Content that is false or misleading.
Content that is unlawful or promotes unlawful activities.
MIKING will make all determinations as to what Statements are appropriate for this Site and in compliance with these Guidelines in its sole discretion.
9. MIKING TEXT PROGRAM TERMS & CONDITIONS AND CONSENT TO USE OF ELECTRONIC RECORDS
By agreeing to receive Miking text messages, you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Autodialed messages are text messages and calls Miking dials using equipment that can dial numbers that are stored or produced by random or sequential number generators. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the Miking text list you must text STOP in response to a Miking text message or contact customer care at 1.786.513.980 or firstname.lastname@example.org. After texting STOP you may receive one additional message confirming that your request has been processed. In the event that you change or deactivate your mobile number it is your responsibility to notify Miking at 1.786.513.9800 or email@example.com to have your number removed.
Additionally, Miking reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.
You also agree to the use of electronic documents and records by Miking. Moreover, by consenting to receive text message ads from Miking, you further agree that Miking may use electronic documents and records when obtaining your consent to receiving Marketing Communications. You agree that the use of electronic records satisfies any legal obligations Miking has to provide information about your consent to you in writing. If you do not agree to this, you should not agree to the terms. You have the right to receive a paper copy of all documents that Miking is legally required to deliver to you in writing. You can
1) request a paper copy of such documents, including the agreement to receive autodialed text messages from Miking;
2) withdraw your consent to the use of electronic records; or 3) update your contact information by calling Miking at 1.786.513.9800 or emailing firstname.lastname@example.org or updating your information at https://www.miking.us.
You must have certain equipment and software in order to receive the electronic records associated with your consent to receiving text message ads from Miking. You will need either a web browser equivalent to what you are now using to view this web page or at least Explorer 11.0, Firefox version 60.0 or later, Google Chrome version 66.0 of later, Safari version 11.0 or later, or an equivalent browser. You will need computer hardware and software that is required to run the particular browser. To retain your records, you must have computer hardware and software capable of saving the web page viewed by your web browser. You may also print the records if you have a printer and appropriate hardware and software for printing pages viewed by your browser. In registering your consent online, you are indicating your signature to and acceptance of these terms and the consent to the use of electronic records as well as confirming that you have equipment meeting the above receipt, access, and retention requirements.
The limitation of liability described in section 3 above, the Agreement to Arbitrate Disputes described in section 10 below, and the Severability provisions described in section 11 below, all apply to Miking´s text messaging activity. PLEASE REVIEW THESE PROVISIONS CAREFULLY.
10. AGREEMENT TO ARBITRATE DISPUTES
WE BOTH AGREE TO ARBITRATE.
NO CLASS ACTIONS.
The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and MIKING alone. Claims may not be joined or consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, OR A CLASS ACTION. If you initiate a litigation or any other proceeding against MIKING in violation of this paragraph, and MIKING is the prevailing party in any such litigation or proceeding, you agree to pay Miking’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
REPRESENTATIVE PAGA WAIVER.
Notwithstanding any other provision of these Terms or the Agreement to Arbitrate, to the fullest extent permitted by law: (1) you and MIKING expressly intend and agree not to assert a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and MIKING agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of these Terms, this Agreement to Arbitrate, or the Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from these Terms; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Agreement to Arbitrate or the requirement that any remaining Covered Disputes be arbitrated on an individual basis pursuant to the Agreement to Arbitrate; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Covered Disputes to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Covered Disputes, the Parties agree that litigation of those Covered Disputes shall be stayed pending the outcome of any individual Covered Disputes in arbitration.
EXCEPTIONS TO ARBITRATION.
This Agreement to Arbitrate shall not require arbitration of the following types of Covered Disputes (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the Federal Arbitration Act (9 U.S.C. sec. 1-16).
OPT-OUT OF AGREEMENT TO ARBITRATE.
You can reject this Agreement to Arbitrate by emailing MIKING at email@example.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the MIKING Sites.
THIS LEGAL STATEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in this Legal Statement, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Dade in the State of Florida. You agree not to raise the defense of forum non conveniens.11. Severability If any term of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
MIKING may change these Terms at any time by posting changes on the Sites. Any changes are effective immediately upon posting. The continued use of the Sites constitutes your agreement to any revised Terms.
The Sites are not intended to provide any medical information about the skin or otherwise.
BY USING THE SITES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE TERMS & CONDITIONS OF USE.
LAST UPDATED: June 05, 2020
MIKING, 2020 All Rights Reserved