This website is operated by Miravante Brands, LLC., hereafter (“Miravante”) Throughout the site, the terms “we”, “us” and “our” refer to Miravante. Please note that your use of our Site constitutes your agreement to follow and be bound by the terms and conditions set forth hereafter (the "Conditions"). We may change the terms that govern your use of our Site at our sole discretion. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move, delete and/or add portions to our Site from time to time.
Unless otherwise noted, all materials, including illustration, images, icons, designs, photographs, video clips and written and other materials that appear as part of this Site (collectively, the "Contents") are trademarks, copyrights, trade dress and/or other intellectual property owned, controlled or licensed by Miravante. The Contents and Site as a whole is protected by copyright and trade dress rights. All worldwide rights, title and interests are reserved. Miravante, Ethan+Ashe and Alchemista are trademarks of Miravante. The Contents of our site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded software or materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), transmit, publish, distribute, modify, display, create derivative works from, sell or participate in any sale of, or exploit in any manner, in whole or in part, any of the Contents, the Site, or any related software.
User Generated Content
By sending, posting, distributing, or displaying any message (including emails), product ratings, product reviews, questions, comments, data, text, music, information, sound, graphics, photos or other content (collectively, the "User Generated Content") to the Site, you (i) are at least 21 years old, (ii) grant, represent and warrant that you have the right to grant to Miravante a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, modify, adapt reproduce, translate, publish, distribute, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (iii) grant Miravante and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (iv) represent and warrant that (a) you own and control all of the rights to the User Generated Content that you distribute or otherwise post on the Site, or you otherwise have the lawful right to distribute and post such User Generated Content to or through the Site; (b) such User Generated Content is accurate and not misleading; and (c) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Miravante the right to pursue at law any person(s) or entity(ies) that violates your or our rights in the User Generated Content by a breach of these Conditions.
User Generated Content submitted by users is deemed non-confidential and Miravante is under no obligation to treat such User Generated Content as a trade secret and/or proprietary information. Without limiting the foregoing, we reserve the right, in our sole discretion, to use the User Generated Content as we deem appropriate, including, without limitation, deleting, modifying, editing, rejecting, refusing to post and/or violating the content guidelines or any other provision of these Terms and Conditions. Miravante does not guarantee that you will have any recourse through Miravante to edit or delete any User Generated Content you have submitted. Product ratings and written comments submitted by you are generally posted within two to four business days. However, Miravante reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Miravante, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Miravante, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. Miravante is under no obligation to offer you any payment or any other type of compensation for User Generated Content or to attribute authorship of any of the User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose the publication, modification, use, exploitation, modification and/or deletion of the User Generated Content by Miravante or our agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; (d) you hereby release Miravante from any and all claims that you could otherwise assert against Miravante by virtue of any moral rights; and (e) by submitting your email address in connection with product ratings and reviews, Miravante and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
Use of Bulletin Boards, Chat Rooms and Other Interactive Site Areas
The Site may contain blogs, forums, bulletin boards or other interactive areas in which you or third parties may post reviews, questions, answers, messages, materials, content, or other items on the Site (collectively, the "Interactive Site Areas"). If Miravante provides such Interactive Site Areas, you are solely responsible for your use of such Interactive Site Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Site Areas, you will not transmit, upload, post, distribute, create, store or otherwise publish any of the following:
(i). Material that is sexually explicit, violent, unlawful, derogatory, libelous, hateful, obscene, defamatory, pornographic, lewd, indecent, harassing, threatening, racially or religiously biased or offensive, an invasion of another individual, partnership or corporation's privacy or publicity rights, inflammatory, fraudulent, abusive or otherwise objectionable;
(ii). Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any group or individual, or that otherwise creates liability or violates any local, state, national or international law;
(iii) Material that promotes illegal drug use, tobacco or firearms use;
(iv) Material that infringes any party’s copyright, patent, trademark, trade secret or other intellectual or proprietary right of publicity or privacy;
(v) Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(vi) Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
(vii) Corrupted data, viruses, worms or other harmful, destructive or disruptive files;
(viii) Material that communicates messages which are inconsistent with the positive good will and mission of Miravante;
(ix) Material that, in the sole judgment of Miravante, is objectionable, or which may expose Miravante, its Site users or any entity to harm or injury;
(x) Material that is known to you to be false, inaccurate or misleading;
(xi) Material that violates any law, statute, ordinance or regulation, including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;
(xii) Material for which you were compensated or granted any consideration by any third party; or
(xiii) Material that references other websites.
Miravante assumes no liability for, and takes no responsibility for, any User Generated Content stored, posted or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, slander, defamation, libel, falsehoods, omissions, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Site Areas, we are not liable for any representations, statements or User Generated Content provided by its users on this Site. Although Miravante has no obligation to edit, monitor or screen any of the User Generated Content posted to or distributed through any Interactive Site Area, we reserve the right, and have the sole discretion, to remove without notice any User Generated Content posted or stored on the Site.
Any use of the Site, including the Interactive Site Areas, in violation of these Conditions may result in termination or suspension by us of your permission to use the Site.
Comments and Submissions
Anything that you submit or post to the Site and/or provide us, including, without limitation, feedback, reviews, suggestions, comments, ideas and/or questions (collectively, the "Comments") is accurate and will be treated as nonconfidential and nonproprietary, and Miravante shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to copy, distribute, publish, sell, lease, use, display, perform, transmit, adapt, create derivative works from such Comments by any means and in any form, and to modify, disassemble, translate, reverse-engineer,or decompile such Comments. All Comments shall automatically become the sole and exclusive property of Miravante and shall not be returned to you. Miravante is and shall be under no obligation to (i) pay any fee or other compensation for any Comments nor (ii) respond to any Comments.
You acknowledge and agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, privacy, copyright, trademark, or other personal or proprietary right(s). You further acknowledge and agree that no Comments submitted by you to the Site will be or contain abusive, libelous or otherwise unlawful or obscene material. You are and shall remain solely responsible for the content of any Comments you make on our Site.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any color or texture or detail of actual merchandise will be accurate.
Product Availability & Pricing
Our products displayed at the Site are available through our Site while supplies last. In some cases, merchandise displayed for sale on the Site may not be available for immediate purchase and/or shipment. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
In the event one of our products is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Miravante shall further have the right to cancel or refuse any such orders whether or not the order has been confirmed and your credit card has already been charged. If your credit card has already been charged for the purchase of such product and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Links to Other Web Sites and Services
This Site may contain links to outside services and resources. You acknowledge that (i) we are not responsible for the contents of any linked site or any link contained in a linked site, or any updates or changes to such sites; and (ii) we are not responsible for any other form of transmission received from any linked site. Miravante is providing these links to you only as a convenience, and the inclusion of any link does not in any way imply endorsement by us of the site. Any concerns you may have regarding any such link should be directed to the particular third party website.
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MIRAVANTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIRAVANTE DOES NOT REPRESENT OR WARRANT THAT THIS 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 ANYTHING ELSE HARMFUL. MIRAVANTE DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. MIRAVANTE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL MIRAVANTE OR ANY OF OUR AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (I) THE USE OF, OR INABILITY TO USE, THE SITE; (II) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (III) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF MIRAVANTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST MIRAVANTE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF MIRAVANTE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, MIRAVANTE'S LIABILITY SHALL IN NO EVENT EXCEED $50.00US. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Miravante (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from and against any and all damages, claims, costs and expenses (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, arising from or related to your use of the Site or any claim by a third party that your Comments infringe the third party's rights.
Unless otherwise specified and except to the extent Miravante products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Miravante's products and services available in the United States. This Site is maintained by our Webmasters and any questions regarding the operation and maintenance of this Site should be made to email@example.com. If any portion of these Conditions is held to be invalid and unenforceable, the invalid or unenforceable portion shall be modified in accordance with applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of the Conditions shall remain in full force and effect. The failure of Miravante to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right herein.
Choice of Law
These Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles and/or the Central District of California.