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USE OF THE SITE
All materials you see and hear on this Site — including, for example, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the "Contents")— are intended solely for personal, non-commercial use. You may access, view, download, print or copy the Contents and other materials displayed on the Site for your personal use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party.
No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Miramar reserves complete title and full intellectual property rights in any Content you access on this Site.
Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or this Site without first obtaining written permission from Miramar.
Miramar may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Miramar also reserves the right to block or deny access to the Site to anyone at any time for any reason.
COMPLIANCE WITH ALL LAWS & SITE SECURITY
You agree to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing;" or (d) sending or relaying unsolicited e-mail, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while using the Site or interfere or attempt to interfere with the proper working of this Site.
SUBMISSIONS
Miramar welcomes your comments regarding this Site. However, Miramar does not want to receive confidential, proprietary or trade secret information through this Site. Please be aware that any comments, reviews, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Submissions") sent to Miramar shall be and remain the exclusive property of Miramar, and you assign all rights in such Submissions to Miramar. Miramar shall be entitled to use, reproduce, disclose, publish, distribute and modify any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information without restriction and without compensating you in any way. For this reason, Miramar asks that you not send Us any Submissions that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas or original artwork.
Any personally identifiable information you provide to Miramar through the Site shall be subject to the Site\'s Privacy Policy. As with these Terms of Use, our Privacy Policy may change from time to time, and we encourage you to regularly review our PRIVACY POLICY if you are concerned about our use of your personal information.
COPYRIGHTS AND TRADEMARKS
All trademarks referenced herein are property of their respective owners. "Miramar", "Miramar Brands Group", "King of the Beach", "Havuk", as well as related product and service names, design marks and slogans, are registered trademarks of Miramar Brands Group, Inc. Unless otherwise noted, all content, format and imagery of the web site are copyrights, trademarks, service marks, trade names or other protected intellectual property owned, controlled or licensed by Miramar, one of its affiliates, or by third parties who have licensed their materials to Miramar\'s retail partners and are protected by U.S. and international copyright laws and treaty provisions. Unauthorized duplication is a violation of law. No rights in any trademark, service mark or trade name is granted to you in connection with your use of this Site. Without limiting the foregoing, please be advised that Miramar has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.
Miramar and its retail and licensing partners expressly reserve all intellectual property rights in all content, format, imagery, text, programs, products, processes, technology, and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Miramar\'s or any third party\'s intellectual property rights. All rights reserved. Further, the content, format, and imagery of the web site are copyrighted under United States law and protected by worldwide copyright laws and treaty provisions. Unauthorized duplication is a violation of law.
LIMITATION OF LIABILITY
IF YOU DISAGREE WITH THESE TERMS OF USE, AS MAY BE AMENDED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
IN NO EVENT WILL MIRAMAR BRANDS GROUP, INC., OR THEIR PARTNERS AND AFFILIATES (COLLECTIVELY HEREIN "MIRAMAR"), OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE TO ANY PARTY FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR RELIANCE ON THE INFORMATION PRESENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED IN CONTRACT, NEGLIGENCE, OR TORT, EVEN IF MIRAMAR IS EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL DEFEND, INDEMNIFY AND HOLD MIRAMAR HARMLESS AGAINST ANY SUCH DAMAGES OR LOSSES.
IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, THE AGGREGATE LIABILITY OF MIRAMAR UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
DISCLAIMER OF WARRANTY
MIRAMAR PROVIDES ACCESS TO THIS SITE TO MIRAMAR CUSTOMERS AND PROSPECTIVE CUSTOMERS "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, MIRAMAR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE AND/OR GIFT CARD(S) UTILIZED TO PURCHASE MERCHANDISE OFFERED ON THIS SITE. This disclaimer does not apply to any product warranty offered by the manufacturer of the merchandise.
WITHOUT LIMITING THE FOREGOING, MIRAMAR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, MIRAMAR FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE AS TO THE ACCURACY OR COMPLETENESS OF EACH MERCHANDISE ITEM INCLUDING, BUT NOT LIMITED TO, PRICING, QUANTITY AND SIZES.
WITHOUT LIMITING THE FOREGOING, MIRAMAR FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO, FROM OR STORED ON THIS SITE.
LINKING
Periodically, links may be established from this Site to one or other external Web sites or resources operated by third parties (the "Third Party Sites"). Miramar provides these links for your convenience only. In addition, certain Third Party Sites also may provide links to the miramarbrands.com Web site. AT NO TIME SHALL ANY SUCH LINKS BE DEEMED TO IMPLY THAT MIRAMAR ENDORSES OR APPROVES THE THIRD PARTY SITES OR ANY CONTENT THEREIN. MIRAMAR DOES NOT CONTROL AND IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING, ANY THIRD PARTY SITES OR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTY SITES. ACCESS TO ANY THIRD PARTY SITES IS AT YOUR OWN RISK AND MIRAMAR WILL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO SUCH THIRD PARTY SITES.
Without limiting the foregoing, linking to our Site is strictly prohibited absent express written permission from Miramar. In addition, framing, in-line linking or other association of this Site or its contents with links, advertisements and/or other information not originating from this Site is expressly prohibited.
JURISDICTION; RISK OF LOSS
Miramar controls this Site from its offices within the State of California. THE USE OF THIS SITE SHALL BE LIMITED TO THE BOUNDARIES OF THE CONTINENTAL UNITED STATES, HAWAII, ALASKA AND APO/FPO MILITARY ADDRESSES. The risk of loss and title to items pass to the purchaser upon delivery.
Miramar does not imply that the materials published on this Site are appropriate for use outside of the United States. Notwithstanding the foregoing, if you access this Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with all local laws. The terms of this Site shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree that Los Angeles County, California shall be the exclusive venue and jurisdiction for any dispute, liability, damage, claim or loss arising from or in any associated with your use of, or access to, the Site.
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