TERMS of SERVICE
1. Introduction
Welcome to Mirabela Inc. (“Mirabela”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service” or “ToS”) govern your use of our website located at www.mirabela.net (our “Website” or “Service”) operated by Mirabela Inc., a Florida USA corporation.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our Service.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood these Agreements and agree to be bound of them.
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These Terms govern your use of www.Mirabela.net (our “Website”) and constitute
your binding legal agreement with us ("Agreement") whether you are (1) a visitor ("Visitor") to www.Mirabela.net; or (2) a Customer ("Customer") of our Website. In this Agreement between you and Mirabela Inc. (“Mirabela”), Mirabela and you are sometimes referred to below as a "Party" or, jointly, as "Parties".
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This Agreement is intended to be governed by the Electronic Signatures in Global and
National Commerce Act (the “E-Sign” Act). You enter into this Agreement by any act demonstrating your assent hereto, including without limitation clicking “I agree” or words of similar meaning. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-Sign Act by emailing us at admin@mirabela.net to that effect.
IF YOU ARE NOT FLUENT IN ENGLISH:
THIS AGREEMENT IS WRITTEN IN THE ENGLISH LANGUAGE. IF YOU WISH TO READ THIS AGREEMENT IN A LANGUAGE OTHER THAN ENGLISH, IT IS YOUR RESPONSIBILITY TO IDENTIFY A COMPETENT TRANSLATOR TO PRESENT IT TO YOU IN A LANGUAGE IN WHICH YOU ARE CAPABLE OF EVALUATING AND KNOWINGLY AGREEING TO AN AGREEMENT WRITTEN IN THE ENGLISH LANGUAGE.
PLEASE NOTE: We may supplement these Terms of Service with posted guidelines or rules applicable to specific areas of our Website or to one or more User categories. In addition, we may offer other services that are governed by the terms of service of our respective service partners. We reserve the right to amend these Terms and Conditions at any time. We will post the amended versions on this Website, and your subsequent use of our Website will constitute your agreement to any amended provisions of our Agreements.
3. This Agreement (as supplemented by the documents incorporated above) sets forth the legally binding terms for your use of our Website. In consideration of your being permitted to use the Website, and for other good and valuable consideration which you acknowledge is received and sufficient, you agree to be bound by this Agreement, whether you are (1) a “Visitor” -- which means that you use the Website (including, but not limited to, through a mobile device) without entering personally identifying information for the purposes of subscribing or making a purchase; or (2) a “Customer” -- which means that you do enter personally identifying information for the purchase of merchandise, or for other purposes. Under this Agreement, you are authorized to use this Website (whether as a Visitor or a Customer) only if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave our Website and discontinue use of the Website. If you wish to become a User of the site (whether as a Visitor or as a Customer), you must read this Agreement and indicate your acceptance in one or more of the ways that such acceptance is asked for on the Website. In order to become a Customer of our Website, you may be notified that you are required to download software or content and/or to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to those activities on the Website, those additional terms are hereby incorporated into this Agreement. You may receive a paper copy of this Agreement by emailing us (Subject: “ToS Agreement”), at the address specified at our “Contact” link.
II. TERMS OF SERVICE FOR ALL USERS (VISITORS AND CUSTOMERS)
4. www.Mirabela.net is owned and operated by Mirabela Inc. ("we", "us", "our" and additional forms thereof), a State of Florida USA corporation, with our mailing address at 10019 Facet Court, Orlando, FL 32836 USA.
5. www.Mirabela.net is our Website, where Customers can browse and buy the latest and most stylish designer clothes for girls ages 7 - 12
6. Interpretation: In these Terms of Service,
-- In this Agreement, we sometimes refer to our Website as "Mirabela.net", including when accessed via the URL www.Mirabela.net and/or via any web browser.
-- References to "we", "our", "us" (and similar usages) are references to Mirabela Inc. (“Mirabela”), the owner and operator of www.Mirabela.net.
-- "Customer" means a user of our Website who purchases one or more of our garments or engages in other transactions with us.
-- “Privacy Policy” means the Privacy Policy available elsewhere on this Website.
-- "Terms of Service" or “Terms” means this legally binding agreement (“Agreement”) between us and you as a Visitor or Customer, which consists of: (i) these Terms of Service for all Users (for all Users); (ii) Terms of Service for Customers (for Customers); (iii) Unauthorized Use (for all Users); (iv) Acceptable Use Policy (for all Users); (v) Complaints Policy (for all Users); and (vi) Miscellaneous Provisions (for all Users);
-- "User" means any user of our Website, whether a Visitor, a Customer, or any combination thereof (also referred to in this Agreement as "you", "your" and forms thereof, as the context suggests).
and
-- "Visitor" means a User of our Website who does not become a Customer.
7. How we may revise these Terms of Service
We may revise these Terms of Service in our sole and final business judgment, and your future use of our Website will represent your consent to those changes. When updated Terms of Service are in effect, you will be bound by them if you continue to use our Website thereafter.
8. We may revise, suspend, or withdraw www.Mirabela.net.
We may, in our sole and final business judgment, update and/or revise and/or suspend and/or withdraw our Website from time to time for any reason, including but not limited to reflect changes in our services, your needs, our business practices, or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that this Website, or any content on it ("Content"), will always be available or accessible without interruption. We may suspend, withdraw, or restrict the availability of all or any part of our Website for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it is likely to affect you.
If you do not agree with (or cannot comply with) our Agreements, then you may not use the Service, but please let us know by emailing us at admin@mirabela.net, so that we can try to find a solution. These Terms apply to all Visitors, Users and others who wish to access or use our Service.
9. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us to that effect at admin@mirabela.net.
10. No Use By Minors
Our Service is intended for access and use only by individuals at least eighteen (18) years old. By accessing or using our Service, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this Agreement and abide by all of these Terms of Service. If you are not at least eighteen (18) years old, you are prohibited from both access to and usage of our Service.
11. Intellectual Property
Our Service and its original Content (excluding Content provided by other Users), features and functionality are and will remain the exclusive property of Mirabela and its licensors. Our Service is protected by copyright, trademark, and other laws of the United States and other countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Mirabela.
12. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on our Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to admin@mirabela.net, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims about the infringement of your copyright by any Content found on and/or through our Service.
13. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
-- 0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
-- 0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
-- 0.3. identification of the URL or other specific location on our Service where the allegedly infringing material is located;
-- 0.4. your address, telephone number, and email address;
-- 0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
-- 0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at admin@mirabela.net.
14. Analytics
We may use third-party service providers to monitor and analyze the use of our Service.
15. Error Reporting and Feedback
You may provide us, at admin@mirabela.net, with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Mirabela may have previously and independently developed ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Mirabela is not under any obligation of confidentiality with respect to the Feedback. If transfer of the ownership to your Feedback is not possible due to applicable laws or regulations, you grant to Mirabela and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) your Feedback in any manner and for any purpose.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS.
TERMS OF SERVICE FOR CUSTOMERS
16. If you wish to purchase any product or service made available through our Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your shipping information. To register as a Customer and make a purchase on our Website, you must be at least 18 years old.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with your Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of your Purchase. By submitting your information, you grant us the right to provide your information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your Purchase at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is reasonably suspected.
17. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through this Website may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a specific Promotion conflict with these Terms of Service, the Promotion rules will govern.
Content posted by others and found on or through this Service is the property of Mirabela or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for your use, a name or trademark that is subject to any rights of a person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
18. Disqualification
We reserve the right to refuse service, terminate an account, remove or edit Content, or cancel Purchase orders in our sole discretion.
In our sole discretion, we may disqualify you from taking advantage of our Service, if you engage in conduct we deem to be improper, unfair or otherwise adverse to the operation of the Website or in any way detrimental to other Users. Improper conduct includes, but is not limited to: falsifying personal information required to become and/or remain a Customer; violating any of our rules; tampering with the administration of the Website or trying in any way to tamper with the software associated with our Website; improperly obtaining other Customers’ information and/or spamming other Customers; or abusing the Website in any other way. We are not responsible for: human errors; technical malfunctions; failures, including without limitation public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that temporarily do not permit you to access or freely to use a functionality you have already paid for), including without limitation any injury or damage to your (or anybody else’s) computer equipment relating to or resulting from your use of our Website; inability to access our Website; theft, tampering, destruction, or unauthorized access to, or alteration of, data and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems or the Internet, or any service provider’s facilities, or any phone site or website, or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
YOU AND MIRABELA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS.
UNAUTHORIZED USE
19. You may use our Website only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
-- 0.1. In any way that violates any applicable local, state, national or international law or regulation.
-- 0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
-- 0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
-- 0.4. To impersonate or attempt to impersonate Mirabela, an employee of Mirabela, another User, or any other person or entity.
-- 0.5. In any way that infringes upon the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
-- 0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us in our sole discretion, may harm or offend Mirabela or the Users of our Service, or expose them to liability.
Additionally, you agree not to:
-- 0.1. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.
-- 0.2. Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
-- 0.3. Use any manual process to monitor or copy any of the material on our Service or for any other unauthorized purpose without our prior written consent.
-- 0.4. Use any device, software, or routine that interferes with the proper working of the Service.
-- 0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
-- 0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which our Website is stored, or any server, computer, or database connected to our Website.
-- 0.7. Attack our Service via a denial-of-service attack or a distributed denial-of-service attack.
-- 0.8. Take any action that may damage or falsify Mirabela’s credit or other rating.
-- 0.9. Otherwise attempt to interfere with the proper working of our Service.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS.
ACCEPTABLE USE POLICY
(For All Users)
BY USING OUR WEBSITE IN ANY MANNER, YOU AGREE TO THIS POLICY –
PLEASE READ IT CAREFULLY
This Policy applies to your use of our Website and Services and forms part of your Agreement with us. This Policy sets forth what is and is not permitted on our Website.
20. Do not use www.Mirabela.net except for your own personal use; and do not sell, rent, transfer, or share your Customer Account (if any) to or with anyone else.
21. Use our Website only in a manner and for a purpose that is lawful.
22. Do not upload, post, display, or publish Content on our Website that is illegal, fraudulent, defamatory, hateful, obscene, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
23. Do not use our Website in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
24. Do not upload, post, display, or publish material that you encounter on our Website that shows, includes or refers to:
-- Any individual under 18 years old; or
-- Any other individual unless you have written documentation which confirms that all individuals shown or included or referred to are at least 18 years old;
-- Contains, discloses or refers to anyone else's personal data or private or confidential information (e.g., telephone numbers, location information (including street addresses and GPS coordinates)), names, identity documents, email addresses, or log-in credentials, including but not limited to passwords and security questions, without that person's express written consent; if the material features public nudity, was recorded in or is being broadcast from a legal jurisdiction where public nudity is illegal; gives the impression that it comes from or is approved, licensed or endorsed by us; causes or is calculated to cause inconvenience or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offense to anyone else; and/or involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job-posting or employment ads without our prior express written consent.
25. Do not use our Website to stalk, bully, abuse, harass, threaten or intimidate anyone else.
26. Do not do anything that violates our or someone else's rights, including intellectual property rights (e.g., copyright, trademarks, confidential information, and goodwill), personality rights (e.g., name, likeness, image, signature, etc.) unfair competition, privacy, and data protection rights.
27. Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
28. Do not provide false account registration information or make unauthorized use of anyone else's information.
29. Do not use other media or methods (for example the use of code words or signals) to communicate anything which violates these Terms.
30. Do not reproduce, print, distribute, attempt to download, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from our Website, except as explicitly permitted under these Terms.
31. Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of www.Mirabela.net or use our Website in a way that could adversely affect our systems or security or interfere with another User’s use of our Website.
32. Do not use any automated program, tool or processes (such as web crawlers, robots, bots, spiders, and automated scripts) to access www.Mirabela.net or any server, network or system associated with our Website, or to extract, scrape, collect, harvest or gather material from our Website.
33. Do not use our name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in these Terms and Conditions or with our prior written agreement.
Breaches of this Acceptable Use Policy may lead to your Customer Account (if any) being suspended or terminated; or your access as a User interdicted.
COMPLAINTS POLICY
Introduction: This section sets forth our Complaints Policy. If you are a Visitor to our Website or a Customer of Mirabela, this Complaints Policy forms part of your Agreement with us.
34. www.Mirabela.net is owned and operated by Mirabela Inc., a corporation registered in the state of Florida, United States of America, and we have our office address at 10019 Facet Court, Orlando, FL 32836 USA. To contact us with any questions or concerns about our Website, please email us at admin@miurabela.net. If you are unable to contact us by email, please write to us at our office address.
35. Who can use this Complaints Policy? Whether or not you are a Client of Mirabela.net, you can use this Complaints Policy to alert us to any complaint relating to our business.
36. How to make a complaint: If you have a complaint about our business, including but not limited to a complaint about material appearing on www.mirabela.net, please send your complaint to admin@mirabela.net, including your name, address, contact details, a description of your complaint and, if your complaint relates to our Website, the URL for the material to which your complaint relates.
37. How we will deal with your complaint: Following receipt of your complaint, you agree that:
-- We will take such steps as we consider appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
-- If we require further information or documents from you, we will contact you to let you know;
-- We will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about material which appears on our Website, and we are satisfied (in our sole and final judgment) that the material is unlawful or otherwise breaches our Acceptable Use Policy, we will act quickly to remove that material.
-- We are not obligated to inform you of the outcome of your complaint.
38. Unjustified or abusive complaints: If you are a Visitor or Client of Mirabela.net, you warrant and represent that you will not make any complaint under this Complaints Policy which is unjustified, abusive, or made in bad faith. If we determine (in our sole and final judgment) that you have breached this warranty, we may suspend or terminate your Client Account. Please be aware that we adhere to a "1 strike/2 strikes/3 strikes" policy and will permanently prohibit you from using our Website for any purpose if there are three (3) instances of your non-compliance with these Terms of Service. After investigating each incident, we may take any action we consider appropriate in our sole discretion, including but not limited to reinstating your account. You agree that you will, at your own cost, promptly provide to us all reasonable assistance in our investigation (including but not limited to providing us with copies of any information which we reasonably request). We will not be responsible for any loss suffered by you arising from steps which we take in good faith to investigate any suspected non-compliance or unlawfulness.
39. Please be advised that Mirabela abides by a 14-day refund policy should any of our products not meet with your approval, so long as the product is returned to us (a) unworn and (b) with its original tag still attached as it originally was attached.
MISCELLANEOUS TERMS FOR ALL USERS
40. Links To Other Websites
You agree that our Service may contain links to third-party websites or services that are not owned or controlled by Mirabela. Mirabela has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not endorse the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT MIRABELA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.
41. Disclaimer Of Warranties
THE SERVICES ON WWW.MIRABELA.NET ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIRABELA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED IN OUR WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER MIRABELA NOR ANY PERSON ASSOCIATED WITH MIRABELA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER MIRABELA NOR ANYONE ASSOCIATED WITH MIRABELA REPRESENTS OR WARRANTS THAT OUR SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MIRABELA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
42. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD MIRABELA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION REGARDING CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MIRABELA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MIRABELA, IT WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
43. Termination
We may terminate or suspend your account and bar access to our Service immediately, without prior notice or liability, within our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using our Service.
All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity and limitations of liability.
44. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States and the State of Florida, with the exception of Florida’s conflict of laws provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by an arbitrator or court, the remaining provisions of these Terms will remain in effect and shall be interpreted so as to effect the original intentions of the Parties. These Terms constitute the entire Agreement between you and us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the same or similar subject matter.
45. Changes To Our Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via our Service, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to Users, including registered users.
46. Amendments To These Terms
We may amend these Terms at any time by posting the amended terms on this Website. It is your responsibility to review these Terms periodically. Your continued use of www.Mirable.net following the posting of revised Terms means that you accept and agree to the revisions. You are expected to check this page frequently so that you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Website.
47. Waiver And Severability
No waiver by Mirabela of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mirabela to assert a right or privilege under these Terms shall not constitute a waiver of such right or privilege for the future.
48. You agree that "Mirabela" is a trademark of Mirabela Inc., a Florida USA corporation.
49. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed by the Parties. The Parties confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, be written in the English language.
50. (a) In any dispute between us and you, we shall be entitled to recover our reasonable attorney fees, legal expert fees, and other legal expenses from you if we are the prevailing party.
(b) This Agreement constitutes the entire agreement of the Parties and supersedes all oral and written agreements and understandings regarding the same or similar subject matter made or entered into by the Parties prior to the date hereof. Except as otherwise specifically provided in this Agreement, no amendment, change or modification of this Agreement shall be valid unless it is accepted in writing by both Parties, and any waiver of a failure to perform or of a breach shall not operate to waive any subsequent failure to perform or breach.
(c) The use of the singular in this Agreement shall apply to and mean the plural where appropriate. The use of the masculine or neuter pronoun in this Agreement shall apply to and mean the feminine where appropriate, and vice versa.
(d) The captions appearing at the commencement of the clauses hereof, if any, are descriptive only and for convenience in reference to this Agreement; and should there be any conflict between any such heading and the language of the clause at the head of which it appears, the language of the clause thereof, and not such heading, shall control and govern in the construction of this Agreement.
(e) You acknowledge that a violation or attempted violation of any of this Agreement will cause us such damage as will be irreparable; that the exact amount of damage would be difficult or impossible to ascertain; and for which there will be no adequate remedy at law. Accordingly, you agree that we shall be entitled as a matter of right to an injunction, issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms and Conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by us in obtaining such an injunction, including, without limitation, reasonable attorney fees at all levels of litigation. You agree that no bond or other security shall be required in connection with our application for any such injunction.
(f) The Parties acknowledge that each has been advised by counsel, and/or been given the opportunity and recommendation to be advised by counsel, during the course of negotiation of this Agreement. This Agreement shall be interpreted without regard to any presumption or rule requiring construction against the party causing this Agreement to be drafted.
(g) The Parties confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s’y rattache soient rediges en langue anglaise).
(h) You agree that: (i) our Website shall be deemed solely based in the state of Florida USA; and (ii) Our Website shall be deemed a passive website that does not give rise to personal jurisdiction over Mirabela, either specific or general, in jurisdictions other than Orange County, Florida USA.
TO PROCESS AND COMPLETE YOUR STATUS AS A USER OF THE WWW.MIRABELA.NET WEBSITE, YOU ARE REQUIRED TO AGREE TO THE TERMS OF THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BOX BELOW. YOUR STATUS WILL NOT BE PROCESSED UNLESS AND UNTIL YOU HAVE INDICATED YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS.
/___/ I ACCEPT.
/___/ I DO NOT ACCEPT AND WILL NOT USE THIS WEBSITE
55. To Contact Us
Please send your feedback, comments, requests for technical support by email: admin@mirabela.net.