Legal
This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Mikkel Technologies LLC and its affiliated companies (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of this website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the "Website"). Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated into this Agreement by reference.
Company makes no representation that the Website is appropriate or available in locations other than where it is operated. Information on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE IN THE FUTURE, DO NOT USE OR ACCESS THE WEBSITE OR COMPANY SERVICES.
Company bills you through an online billing account for purchases of products and/or services. You agree to pay all charges at the prices then in effect and authorize Company to charge your chosen payment provider for any such purchases. If you have ordered a product or service subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring prior approval for each charge, until you cancel. Company reserves the right to correct any errors in pricing. Company may change prices at any time. All payments shall be in U.S. dollars.
Please review our Return Policy posted on the Website prior to making any purchases.
By using the Company Services, you represent and warrant that:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website or Company Services ("Submissions") provided by you to Company are non-confidential. Company (as well as any designee of Company) shall be entitled to unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Website for any purpose other than that for which Company makes it available. Prohibited activity includes, but is not limited to:
The content on the Website ("Company Content") and the trademarks, service marks, and logos contained therein ("Marks") are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws. Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of Company in the United States and other countries. Company's trademarks and trade dress may not be used in connection with any product or service in any manner likely to cause confusion and may not be copied, imitated, or used without prior written permission.
Company Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without prior written consent of the respective owners. You are granted a limited license to access and use the Website and Company Content for personal, non-commercial use. Company reserves all rights not expressly granted.
The Website may contain links to third-party websites ("Third Party Websites") and third-party content ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Company. Company is not responsible for any Third Party Websites accessed through the Website or any Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or content does not imply approval or endorsement by Company. If you decide to leave the Website and access a Third Party Website, you do so at your own risk. Any purchases made through Third Party Websites are between you and the applicable third party.
Company reserves the right, but does not have the obligation, to:
We care about the privacy of our users. Please review the Company Privacy Policy. By using the Website or Company Services, you consent to have your personal data transferred to and processed in the United States and to the terms of our Privacy Policy.
This Agreement shall remain in full force and effect while you use the Website. You may terminate your use at any time by contacting us using the information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND COMPANY SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION.
Any provisions of this Agreement that, in order to fulfill their purposes, need to survive the termination or expiration of this Agreement shall be deemed to survive for as long as necessary.
Company may modify this Agreement from time to time. Changes will be posted on the Website and indicated by date. Your continued use of the Company Services after any modification constitutes your agreement to be bound by the modified terms. It is important that you regularly review this Agreement.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Company Services.
If there is a dispute between users of the Website, or between users and any third party, Company is under no obligation to become involved. You hereby release Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind arising out of or in any way related to such disputes and/or the Company Services.
This Agreement and all aspects of the Website and Company Services shall be governed by and construed in accordance with the internal laws of the State of South Carolina, without regard to conflict of law provisions. Any disputes or claims not subject to informal dispute resolution or arbitration shall be resolved exclusively in state and federal courts located in the State of South Carolina, and you consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such courts. No claim related to the Website or Company Services may be instituted more than two (2) years after the cause of action arose.
To expedite resolution and control costs, you and Company agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.
If you and Company are unable to resolve a Dispute through informal negotiations, either party may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration may be conducted in person, through document submission, by phone, or online. Except as otherwise provided, the arbitration will take place in Charleston, South Carolina.
Any arbitration shall be limited to the Dispute between Company and you individually. No arbitration may be joined with any other, and there is no right or authority for any Dispute to be arbitrated on a class-action basis or in a representative capacity on behalf of the general public.
The following Disputes are not subject to the above informal negotiations and binding arbitration provisions: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights; (2) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time without prior notice.
YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold Company, its subsidiaries and affiliates, and their respective officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: your use of the Company Services; any breach of this Agreement; any breach of your representations and warranties set forth above; or your violation of the rights of a third party. Company reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify Company.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided, or such other address as each party may specify. Notice shall be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.
Company will maintain certain data that you transmit to the Website for the purpose of performing the Company Services, as well as data relating to your use of the Company Services. Although Company performs regular routine backups, you are primarily responsible for all data you have transmitted or that relates to any activity you have undertaken using the Company Services. Company shall have no liability to you for any loss or corruption of any such data.
Your use of the Company Services includes the ability to enter into agreements and/or make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
This Agreement constitutes the entire agreement between you and Company regarding use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and Company as a result of this Agreement or use of the Website and Company Services.
To resolve a complaint regarding the Company Services or to receive further information, please contact us: