Welcome to mimiandhy.com . Leah and Jay Enterprises LLC and/or its affiliates ("Mimi
& Hy rthe Shoppe") provide Web site features to you subject to the following conditions.
If you visit or shop at mimiandhy.com, you accept these conditions. Please read
them carefully. In addition, when you use any current or future Mimi & Hy the Shoppe
service or business, you also will be subject to the guidelines, terms and agreements
("Terms") applicable to such service or business. If these conditions are inconsistent
with such Terms, such Terms will control.
Electronic Communications
When you visit Mimiandhy.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this site. You agree
that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons,
images, audio, data compilations, and software, is the property of Mimi & Hy or
its content suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive property of Mimi
& Hy and protected by U.S. and international copyright laws. All software used on
this site is the property of Mimi & Hy or its software suppliers and protected by
United States and international copyright laws.
Trademarks
Mimi & Hy the Shoppe and Mimiandhy.com graphics, logos, page headers, button icons,
scripts, and service names are trademarks, registered trademarks or trade dress
of Mimi & Hy in the U.S. and/or other countries. Mimi & Hy’s trademarks and trade
dress may not be used in connection with any product or service that is not Mimi
& HY’s, in any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits Mimi & Hy. All other trademarks not owned by
Mimi & Hy that appear on this site are the property of their respective owners,
who may or may not be affiliated with, connected to, or sponsored by Mimi & Hy.
License and Site Access
Mimi & Hy grants you a limited license to access and make personal use of this site
and not to download (other than page caching) or modify it, or any portion of it,
except with express written consent of Mimi & Hy. This license does not include
any resale or commercial use of this site or its contents; any collection and use
of any product listings, descriptions, or prices; any derivative use of this site
or its contents; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data gathering
and extraction tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Mimi & Hy. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Mimi & Hy without express written
consent. You may not use any meta tags or any other "hidden text" utilizing Mimi
& Hy name or trademarks without the express written consent of Mimi & Hy. Any unauthorized
use terminates the permission or license granted by Mimi & Hy. You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the home page
of Mimi & Hy.com so long as the link does not portray Mimi & Hy, or its products
or services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any Mimi & Hy logo or other proprietary graphic or trademark as part
of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account or password.
Mimi & Hy does sell products for children, but it sells them to adults, who can
purchase with a credit card. If you are under 18, you may use Shopbop.com only with
involvement of a parent or guardian. Mimi & Hy reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole discretion..
Product Descriptions
Mimi & Hy attempts to be as accurate as possible. However, Mimi & Hy does not warrant
that product descriptions or other content of this site are accurate, complete,
reliable, current, or error-free. If a product offered by Mimi & Hy itself is not
as described, your sole remedy is to return it in unused condition.
Pricing
Except where noted otherwise, the List Price displayed for products on our Web site
represents the full retail price listed on the product itself, suggested by the
manufacturer or supplier, or estimated in accordance with standard industry practice;
or the estimated retail value for a comparably featured item offered elsewhere.
The List Price is a comparative price estimate and may or may not represent the
prevailing price in every area on any particular day. With respect to items sold
by Mimi & Hy we cannot confirm the price of an item until you order; however, we
do NOT charge your credit card until after your order has entered the shipping process.
Despite our best efforts, a small number of the items in our catalog may be mispriced.
If an item's correct price is higher than our stated price, we will, at our discretion,
either contact you for instructions before shipping or cancel your order and notify
you of such cancellation.
OTHER BUSINESSES
We may provide links to the sites of affiliated companies and certain other businesses.
We are not responsible for examining or evaluating, and we do not warrant the offerings
of, any of these businesses or individuals or the content of their Web sites. Mimi
& Hy does not assume any responsibility or liability for the actions, product, and
content of all these and any other third parties. You should carefully review their
privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE
PROVIDED BY MIMI & HY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED
IN WRITING. MIMI & HY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIMI & HY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. MIMI & HY DOES NOT WARRANT THAT THIS SITE;
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL
SENT FROM MIMI & HY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIMI & HY WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM
ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING.
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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting mimiandhy.com, you agree that the laws of the state of California, without
regard to principles of conflict of laws, will govern these Conditions of Use and
any dispute of any sort that might arise between you and MIMI & HY.
Disputes
Any dispute relating in any way to your visit to mimiandhy.com or to products or
services sold or distributed by MIMI & HY or through mimiandhy.com in which the
aggregate total claim for relief sought on behalf of one or more parties exceeds
$7,500 shall be adjudicated in any state or federal court in Los Angeles County,
California and you consent to exclusive jurisdiction and venue in such courts.
Site Policies, Modification, and Severability
These policies also govern your visit to Miminandhy.com. We reserve the right to
make changes to our site, policies, and these Conditions of Use at any time. If
any of these conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition.
OUR ADDRESS
MIMI & HY the Shoppe
12212 Ventura Blvd
Studio City CA 91604
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide MIMI & HY copyright agent the written information specified
below. Please note that this procedure is exclusively for notifying MIMI & HY that
your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the
site;
- Your address, telephone number, and e-mail address;
- 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;
- 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