This Terms of Use is a legal agreement between the end user (“you”) and Maid Mia(“Maid Mia” or sometimes referred to herein as “We” or “Us”).
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE AND TO OUR PRIVACY STATEMENT. YOU WILL BE REQUIRED TO CHECK AN APPROPRIATE BOX AS PART OF THE REGISTRATION PROCESS IN ORDER TO INDICATE YOUR ASSENT TO THESE TERMS OF USE AND OUR PRIVACY STATEMENT PRIOR TO USING OR ACCESSING THE RESTRICTED AREAS (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THE TERMS OF USE AND PRIVACY STATEMENT, YOU MAY NOT ACCESS OR USE THE RESTRICTED AREAS.
License Grant
Upon your acceptance of this Agreement and subject to the terms and conditions of this Agreement, Maid Mia grants you a non-exclusive, non-transferable, limited right to access, use and display the website and theMaid Mia services (the “Services”), solely for your personal or internal business purposes.
Your Use of the website
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website. You may display and electronically copy, download and print hard copy portions of the material contained on the website for your own personal or internal business use (or as specifically contemplated by the website), provided that you do not modify or delete any copyright, trademark or other proprietary notices. Any other use of materials on the website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this website, without the prior written permission of Maid Mia, is strictly prohibited.
Any material you download, including but not limited to software, files, graphics, data or any other content, is solely owned by Maid Mia. When you download these materials, they are provided to you by Maid Mia under a license that is revocable at any time, with or without cause.
Electronic Communications
Any postings to this website and electronic mail delivered to Maid Mia (“Electronic Communications”) that contain unsolicited ideas, suggestions or materials will be considered non-confidential and non-proprietary. Electronic Communications are, and will remain, the sole and exclusive property of Maid Mia, and Maid Mia will have no obligation with respect thereto. Maid Mia may copy, disclose, distribute, incorporate and otherwise use Electronic Communications and any information contained therein for any purpose whatsoever, whether commercial or non-commercial, without compensation. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law.
Proprietary Rights
You acknowledge that this website, any software used in connection with the products and Services provided on this website, and all content contained on this website, are owned by Maid Mia and contain or consist of proprietary and Confidential information (as defined below) that is protected by applicable intellectual property and other laws. Maid Mia retains full and complete title to the foregoing software, materials and information and to all of the associated intellectual property rights contained on the website. Other than as expressly contemplated by the website, you may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.
The logos, trade names, and product and service names contained on this website are the trademarks and service marks of Maid Mia or its third party providers. You agree not to display or use in any manner such logos, trade names, product names, or service names without the prior written permission of Maid Mia. Maid Mia also retains ownership of the “look and feel” of this website, including color combinations, buttons, layout, and other graphical elements.
Confidentiality.
You agree not to use any of Maid Mia’s Confidential Information (as defined below) for any purpose except to operate the Site and utilize the Services in accordance with this Agreement. You agree not to disclose any of Maid Mia’s Confidential Information to any third party other than to your employees and consultants who are bound by confidentiality obligations and are required to have access to the Confidential Information solely on a “need to know” basis for the purposes of conducting your business. “Confidential Information” may include, Maid Mia’s (a) technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by us; (b) confidential marketing strategies; (c) confidential future product plans; (d) confidential financial information (including pricing); and (e) other confidential business information. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by Maid Mia ; (ii) becomes publicly known and generally available after disclosure by us through no action or inaction of yours; (iii) is already in your possession at the time of disclosure by us; (iv) is obtained by you from a third party without a breach of such third party’s obligations of confidentiality; (v) is independently developed by you without use of or reference to our Confidential Information; or (vi) is required by law to be disclosed by you, provided that you give us prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.
Disclaimer
MAID MIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR ABOUT THE CONTINUED AVAILABILITY OF ANY CONTENT ON THIS WEBSITE SUPPLIED BY MAID MIA, YOU OR ANY THIRD PARTY. THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAID MIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. MAID MIA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE website WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAID MIA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, AVAILABILITY, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT MAID MIA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL MAID MIA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING LOST PROFITS), EVEN IF MAID MIA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Maid Mia, its officers, directors, employees, agents, licensors and third party suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to your account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the website using your User ID and password.
Links to Other websites
This website may provide access to other World Wide Websites. Maid Mia does not control these websites, and you access them solely at your own risk. Maid Mia also does not endorse or approve any products or information offered at websites you reach through this website. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in this Maid Mia website or have moved to another website.
Jurisdiction
Any claim relating to the website or your use of it shall be governed by the internal substantive laws of the State of California, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this website shall be in the state or federal courts located in San Bernardino County.
Notwithstanding the foregoing, in the event a dispute of any kind or nature arises under or related to these Terms of Use, Maid Mia may, at its option, commence an arbitration proceeding in lieu of instituting an action in a court of competent jurisdiction, by providing to you a demand for arbitration. The parties shall, within thirty (30) days of such demand for arbitration, select a mutually agreeable arbitrator and submit the dispute to such arbitrator for binding arbitration, through the American Arbitration Association nearest the place of Maid Mia’s headquarters and under the Commercial Arbitration Rules of the American Arbitration Association. If the parties are unable to agree upon an arbitrator, the arbitrator shall be appointed in accordance with the rules and procedures of the American Arbitration Association. The arbitration fee shall be paid or reimbursed by the non-prevailing party, as determined by the arbitrator, who shall also award appropriate attorneys’ fees and costs to the prevailing party.
Modification of the website and these Terms of Use
Maid Mia does not promise that any materials or information provided by you on this website will remain available to you. Maid Mia is entitled to terminate all or any portion of this website at any time, without notice to you. Maid Mia also reserves the right to change the terms, conditions, and notices under which this website is offered, and your use of the website following any such changes shall be deemed to constitute your consent to such modified Terms of Use. You agree to regularly review these Terms of Use to verify whether they have been changed.
Miscellaneous
You acknowledge and agree that, in the event of any breach of these Terms of Use by you, Maid Mia would be irreparably and immediately harmed and could not be made whole by monetary damages alone. Without prejudice to any rights and remedies otherwise available, Maid Mia shall be entitled to equitable relief by way of injunction in the event of a breach of any provision of these Terms of Use.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and Maid Mia regarding all aspects of your use of this website.
The provisions of these Terms of Use that, by their nature and content, must survive the completion, rescission, termination or expiration of these Terms of Use in order to achieve the fundamental purposes of these Terms of Use (including but not limited to the provisions entitled “Proprietary Rights,” “Material You Submit,” “Disclaimer,” “Limitation of Liability,” “Indemnification,” “Jurisdiction,” and “Termination” and “Paying Users”) shall so survive and continue to bind the parties.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Maid Mia as a result of this agreement or your use of the website.
Last updated: November 1, 2019