THE MINIAT COMPANIES
Effective Date: February 25, 2016
Welcome to MiniatHoldings.com, Miniat.com, and SouthChicagoPacking.com (each a “Site,” and collectively, the “Sites”).
When we refer to “Miniat,” “we,” “us” or “our,” we mean Miniat Holdings LLC, Ed Miniat LLC and/or South Chicago Packing LLC and/or the specific division, subsidiary or affiliate that operates the Site, provides its content or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing the Sites. If the person accessing the Sites acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
You acknowledge and agree that any information, comments, documents, images or general content you enter or post on any Sites may be viewed by any other users with access to the Sites, and therefore will not be considered confidential by you. By providing any such information, comments, documents, images or general content to Miniat, you grant to Miniat an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on the Sites. You further agree that Miniat is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to Miniat. You hereby agree that any comments, feedback or recommendations from you for the improvement or modification of the Sites or Miniat’s products advertised on the Sites shall be the sole and exclusive property of Miniat.
You warrant to Miniat that you will not attempt to gain unauthorized access to any of the Sites or to computer systems or networks connected to any Miniat server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Miniat. When using the Sites you agree not to pretend to be someone else or spoof their identity.
Any access or attempted access of other areas of Miniat’s computer systems, third-party systems and Sites utilizes or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others’ use of or access to any Site. You are not authorized to access or query any Site through the use of electronic processes that are high-volume and automated. You may not use a Site to allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail, telephone, facsimile or otherwise.
Miniat reserves the right to report any activity that it reasonably suspects violates any law or regulation, and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
Use of the Site
As a user of any Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site solely for your internal business use; you may not use the Site for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of the Site without the prior written consent of Miniat, which may be withheld, conditioned or delayed in its sole discretion. You are prohibited from including links from other websites to the Site without the prior written consent of Miniat, which may be withheld, conditioned or delayed in its sole and absolute discretion.
Ownership of the Sites
All information and content provided on the Sites, whether explicitly marked or not, are the property of Miniat, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws and treaties. The information and content provided include, but are not limited to, the text, graphics, images, source codes, videos, audio recordings, pages, screens, designs, animations and software, their related files and their arrangement on the Sites.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on the Sites are owned by Miniat, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Sites for any commercial or public purpose without Miniat’s prior written consent.
Nothing contained in any Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Miniat or any third party.
Some of the information, articles and other materials available through these Sites are provided to the Miniat Companies by third parties. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for Your interest and convenience only. The Miniat Companies do not endorse these materials or the vendors who supply them to us, nor do the Miniat Companies warrant or represent that these materials are current, accurate, complete or reliable.
Links to Third-party Websites
Miniat makes no representation that materials or products on any Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws.
For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes other than to inquire about the products or services of Miniat. You must obtain our express prior written consent to make commercial offers of any kind on the Sites, whether by advertising, solicitations, links or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Miniat products or services of any kind without our express written permission. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of such Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.
Violation of the Terms
YOU USE THE SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITES, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN NO EVENT WILL MINIAT OR ITS SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITES, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF MINIAT OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST MINIAT OR ITS SUPPLIERS IS TO DISCONTINUE USE OF THE SITES AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THE SITES AND ANY HYPERLINKED SITES. CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Without limiting the above disclaimers, Miniat, its suppliers and their respective directors, members, shareholders, officers, employees and agents: (1) make no warranties or representations whatsoever concerning this Site or any other Internet site, the access to, or the availability or use of, this Site or any other Internet site, the information and content from whatever source posted on or referred to in this Site or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this Site.
The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Miniat and its suppliers and their respective directors, members, shareholders, officers, employees and agents.
If, notwithstanding the limitations of liability above, Miniat or its suppliers are found liable for any loss or damage which arises out of or in any way connected with any products or Services or operation of this Site, then such liability will in no event exceed, in the aggregate One-Hundred Dollars (US$100.00).
Each of the foregoing limitations of liability apply to the fullest extent permitted by law, whether the alleged liability is based on contract, negligence or other tort, strict liability or any other basis; even if an authorized representative of Miniat or one of its affiliates, licensors or service providers has been advised of or should have known of the possibility of such damages; and without regard to the success or effectiveness of other remedies.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please
Send an e-mail to firstname.lastname@example.org
Write to us at:
Miniat Holdings LLC
16250 Vincennes Ave.
South Holland, IL 60473
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Governing Law, Jurisdiction and Venue
Send an e-mail to email@example.com
Write to us at:
Miniat Holdings LLC
16250 Vincennes Ave.
South Holland, IL 60473
© 2016 Miniat Holdings LLC. All rights reserved.