Terms of Use

Terms of Use

Thank you for visiting www.shopmiim.com. We have prepared these Terms of Use (the “Terms”) to ensure that you understand your rights and obligations so that your experience on our web site, www.shopmiim.com (the “Web Site”), is one you'll want to repeat again and again. Shopmiim.com provides this Web Site as a service to our customers. Please review the following Terms, including an Arbitration Agreement, that govern your use of the Web Site (the “Agreement”).

PLEASE NOTE THAT YOUR USE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEB SITE.

Although you may "bookmark" a particular portion of the Web Site and thereby bypass these Terms, your continued use of the Web Site indicates your continued acceptance of these Terms and your acknowledgement that you are still bound to the Terms. Since Free People Direct may revise these Terms at any time, you should visit this page periodically to review the Terms that govern your use of the Web Site. Should you have any questions concerning these Terms of any of our policies, please contact us at help@shopmiim.com

Legal Information / Use of the Web Site

The Web Site is owned and operated by Miracle Miles Inc., a California corporation with its principal place of business at 17531 Railroad Street, Ste# I, City of industry, CA 91748.

Unless otherwise noted, all content posted on the web site is:

Copyright © 2017 Miracle Miles, Inc.

Mi.iM is a registered trademark and service mark.

The Web Site in its entirety is protected by applicable copyright, trademark and trade dress laws. All worldwide rights, titles, and interests are reserved by Miracle Miles, Inc.

The contents of the Web Site and the Web Site as a whole are intended solely for your personal, noncommercial use. Any use of the Web Site and/or any of the content posted on the Web Site for any purpose other than that which is personal and noncommercial is prohibited without the express prior written permission of Miracle Miles Inc. Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the Web Site for any noncommercial purpose. Miracle Miles Inc grants a limited, non-exclusive, restricted, non-transferable, non-sublicensable, revocable license allowing you to download or electronically copy and print any of the content displayed on the Web Site for your personal, noncommercial use only. All other rights are reserved to Miracle Miles Inc.

You agree that you will not access or use the Web Site in any manner that could damage, disable, impair or cause undue burden on the Web Site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Web Site, that you will not transmit any virus or worm to the Web Site, that you will not use any spider, robot or any other automated mechanism to access the Web Site and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Web Site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Web Site without authorization.

User Comments, Feedback, Postcards & Other Submissions

Except for submission of Member Content as described below, all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Miraclemiles.co on or by this Web Site or otherwise disclosed, submitted or offered in connection with your use of this Web Site (collectively, the "Comments") shall be and remain Miracle Miles Inc’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Miracle Miles Inc. of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Miracle Miles Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Miracle Miles Inc. is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Web Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Web Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Copyright Policy for the Web Site

You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of Miracle Miles Inc to terminate the privileges of any user of the Web Site or member who infringes the copyright rights of others upon receipt of prompt notification to Miracle Miles Inc. by the copyright owner or the copyright owner’s legal agent.

 

 

 

 

 

 

 

 

 

 

Pricing Policy

At Miraclemiles.co, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices. While merchandise offered on-line at Miraclemiles.co will not often be priced the same as merchandise offered at our affiliate stores, in some cases, Miracle Miles online store may have different prices or promotional events at different times.

Colors

We have done our best to display as accurately as possible the colors of the products shown on the Web Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Correction of Errors & Inaccuracies

We endeavor to present the most recent, most accurate and most reliable information on the Web Site at all times. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your Miraclemiles.co purchase you may return it with the original Miraclmiles.co packing receipt.

Please see our Return Policy, www.miraclemiles.co/returns-exchanges/.

Typographical Errors

In the event a Miraclemiles.co or Miracle miles catalog product is listed at an incorrect price due to typographical error or systems error, Miraclemiles.co shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Miraclemiles.co shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

Term & Termination

Terms are applicable to you upon your accessing the Web Site and/or completing the registration or shopping process. These Terms, or any of them, may be terminated by Miracle Miles Inc. without notice at any time for any reason. Provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.

Notice

Miracle Miles Inc. may deliver notice to you by means of electronic mail, a general notice on the Web Site, or by written communication delivered by first class U.S. mail to your address on record in Miraclemiles.co account information.

Enforcement of Terms

By accessing and using the Web Site, you agree that your access to and use of the Web Site is subject to these Terms, as governed and interpreted pursuant to the laws of the United States of America, including federal copyright and trademark laws, and with the laws of the Commonwealth of California.

Use of the Web Site

Harassment in any manner or form on the Web Site, including via e-mail and/or chat, and any use of obscene or abusive language is strictly forbidden. Impersonation of others, including a Miracle Miles Inc. or other licensed employee, host, or representative as well as other users or visitors on the Web Site is prohibited. You may not upload to, distribute, or otherwise publish through the Web Site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Web Site or use the Web Site to solicit others to join or become members of any other commercial online service or organization.

Third-party Links

In an attempt to provide increased value to our visitors, Miracle Miles Inc. may choose various third-party Web Sites to link to from its own Web Site. However, even if the third party is affiliated with Miracle Miles Inc., Miracle Miles Inc. has no control over these linked sites, all of which have separate privacy, security, and data collection practices, independent of Miracle Miles Inc. Miracle Miles Inc. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such Web Sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Miracle Miles Inc. seeks to protect the integrity of its Web Site and the links placed upon it and therefore requests any feedback on not only its Web Site, but for Web Sites it links to as well (including if a specific link does not work).

Disputes between Users.

You are solely responsible for your interactions with other users of the Web Site. Miracle Miles Inc. reserves the right, but has no obligation, to monitor disputes between you and other users of the Web Site.

Special Admonitions for International Use of the Web Site.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Privacy & Security. Use of the Web Site is also governed by our Privacy and Security Policy, located on the Web Site and incorporated into these Terms by this reference. www.miraclemiles.co/privacy-policy/

Arbitration Agreement

The Miracle Miles Inc. Arbitration Agreement can be accessed by clicking here.

Miscellaneous

Binding Nature

Your use of the Web Site constitutes your acceptance of these Terms and your continued use confirms that acceptance.

No Waiver

Any failure of Miracle Miles Inc. to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Severability

If one or more of the provisions of these Terms are deemed unlawful, void or unenforceable, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding and enforceable.

Entire Understanding

These Terms constitute the entire agreement between you and Miracle Miles Inc. regarding the use of the Web Site.

Last Updated: October 20, 2017

 

Miracle Miles, Inc. Arbitration Agreement

 

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Miracle Miles Inc. together agree that any controversy, claim, action, or dispute in any way related to your use of any Miracle Miles Inc. website, any purchase from Miracle Miles Inc., or to any products or services sold or distributed by Miracle Miles Inc. (“Dispute”) will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).

 

Informal Dispute Resolution.

Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by email address attached below) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Miracle Miles Inc at:

  • customerservice@miraclemiles.co Attn: Legal department; or
  • to you at: your last used billing address or the billing and/or shipping address in your online profile.

Both you and Miracle Miles Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

 

Scope of Arbitration Agreement.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. Accordingly, you and Miracle Miles Inc. agree to give up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except small claims, as described below). You and Miracle Miles Inc. expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.

 

Right to Bring Small Claims in Court.

Instead of arbitration, either you or Miracle Miles Inc. may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits applicable in the state of California, as long as it is brought and maintained as an individual claim.

 

How Arbitration Works.

Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules.

 

Miracle Miles Inc. will not reimburse any such fees for an amount greater than $5,000. Miracle Miles Inc. also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Los Angeles County, California or at another mutually agreed location.

 

Waiver of Right to Bring Class Actions and Representative Claims.

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Miracle Miles Inc. agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Miracle Miles, Inc. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

 

Other Terms.

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the laws, rules and procedures of the state of California.

The terms of the Arbitration Agreement provisions shall survive after your relationship with Miracle Miles, Inc. and/or use of our websites or other services and products ends.

Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

 

 

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