Terms of Service
Effective Date: June 1, 2024
This website is operated by MIMIMMOI LLC. MIMIMMOI LLC, (the "Company", "we", "us", or "our"), MIMIMMOI (the "Store", "we", "us", or "our"), and MIMIMMOI.com (the "Site", "we", "us", or "our") offers this Site, including all information, tools and products (collectively, the "Services") available from this Site to the user (sometimes referred to as “you” and “your”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our Services and agree to be legally bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, contributors of content, and any person with access to your computer or device or has permission to use your computer or device.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you and anyone permitted to use or has access to your computer or device, agree to be legally bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement (including those additional terms and conditions and policies referenced herein and/or available by hyperlink), then you may not access our Site or use any Services. You are solely responsible for any Site engagement or purchase made by you or anyone permitted to use or has access to your computer or device. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Section 1: Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. In the event of a breach or violation of any of the Terms, such non-compliance shall lead to the immediate termination of your Services and may subject you to possible legal liabilities.
Section 2: General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on our Site through which the Services are provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3: Accuracy, Completeness & Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Section 4: Modifications to Services & Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Section 5: Products & Services
Products and Services are available exclusively online through the Site. These products and Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in our online store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products and Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any Product or Services made on this Site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
Section 6: Accuracy of Billing & Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our Refund Policy.
Section 7: Customer Account Registration & Usage
Access to and utilization of the Site may offer the opportunity to create a customer account ("account"). By creating a customer account, you agree to provide us with personal information to establish and manage your account. It is your responsibility to provide current and accurate information during the registration process and when placing orders and completing purchase transactions. You also agree to ensuring all personal information is up to date prior to making any purchases. By agreeing to these terms, you commit to safeguarding the confidentiality of your login information and pledge not to authorize any third party to access your account. It is explicitly prohibited to engage in the solicitation, collection, or use of the login credentials of other individuals. Impersonating any individual or entity, as well as utilizing a false or unauthorized name, is strictly forbidden. The creation of an account for any other person, apart from yourself, is not allowed, and you expressly undertake not to engage in such activities. Please be aware that we bear no responsibility for any loss or damage resulting from the unauthorized use of your account, whether or not you were aware of such use.
You assume complete responsibility for safeguarding your information and preventing any unauthorized access or usage of your account. Additionally, you acknowledge and consent to the attribution of all activities associated with your account to you. If you suspect any unauthorized use of your account or encounter a security breach, you are obligated to promptly notify us at contact@mimimmoi.com. Please be aware that selling or transferring your account to any other party is strictly prohibited. We maintain the right to cancel or suspend your registration, at our sole discretion, with or without cause, and at any time. By utilizing our Site and creating an account, you demonstrate your comprehension and acceptance of these terms. Your adherence to these provisions is fundamental to ensuring the ongoing and secure utilization of our Services.
Section 8: Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through our Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the Site (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Section 9: Third-Party Services & Links
Certain content, products and Services available via our Site may include materials from third parties. Third-party links on our Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 10: User Comments, Feedback & Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 11: Privacy Policy
Your submission of personal information through the store is governed by our Privacy Policy.
Section 12: Errors, Inaccuracies & Omissions
Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Section 13: Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Section 14: Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and Services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MIMIMMOI LLC, our members, owners, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of personal data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, data breaches, third-party shipping and/or damages incurred by third parties, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14: Indemnification
You agree to indemnify, defend and hold harmless MIMIMMOI LLC and our members, owners, subsidiaries, affiliates, parent, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15: Dispute Resolution & Arbitration Agreement
This Dispute Resolution and Arbitration Agreement ("Agreement") is part of the Terms of Service for MIMIMMOI ("Store") and MIMIMMOI.com (“Site”), and it governs the resolution of disputes (“Dispute”) between you, as the user of the Store (referred to as "user" “you,” and “your”) and MIMIMMOI LLC, the operator of the Store ("Company"). By using the Store, you agree to the terms and conditions of this Agreement. Prior to initiating arbitration, both parties agree to first attempt to resolve any disputes informally by notifying the other party of the Dispute and providing a reasonable opportunity to address it. To initiate this informal dispute resolution process, please send written details of Dispute via certified mail to MIMIMMOI within 30 days. Both parties will make good faith efforts to resolve the Dispute through negotiations, discussions, or other non-binding methods. Should the Dispute remain unresolved after a reasonable period, either party may proceed with arbitration as outlined in this Agreement. Both you and MIMIMMOI acknowledge that this dispute resolution procedure is a mandatory prerequisite before initiating any arbitration or commencing any claim against the other party.
In the event that informal dispute resolution attempts prove unsuccessful, any Dispute shall be subject to mandatory individual arbitration for resolution. By entering into this Agreement, you voluntarily relinquish your right to pursue litigation in a court of law for the purpose of asserting your rights under this Agreement or in connection with any Dispute. Both parties, namely, you and MIMIMMOI, hereby grant the arbitrator the jurisdiction to make determinations regarding the arbitrability of any Dispute, including the following considerations of these arbitration provisions:
- Scope: This arbitration provision includes but is not limited to disputes regarding contract interpretation, performance, or breach, torts, statutory violations, and any other legal or equitable cause of action.
- Applicability: This provision shall apply to all parties bound by this agreement, including but not limited to the contracting parties, their affiliates, successors, and assigns.
- Validity: The parties recognize that arbitration is a fair and reasonable means of resolving disputes, and they waive any right to a trial by jury. Any challenge to the validity of this provision will be resolved by the arbitrator, who will apply relevant legal standards in accordance with the applicable jurisdiction's laws.
- Enforceability: The parties agree to submit to arbitration as the sole and exclusive method for resolving disputes (excluding small claims court), and they commit to facilitating the process in good faith.
Agreement to Arbitrate
Any dispute, claim, or controversy arising out of or relating to your use of the Services, including but not limited to the purchase of products or Services from the Store, shall be resolved through binding arbitration instead of in court, except for those disputes that qualify for small claims court.
Arbitration Process
The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place in Nashville, TN unless the parties agree otherwise. The arbitration proceedings shall be conducted in the English language.
Selection of Arbitrator
A single arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, by the AAA. The arbitrator shall have experience in the subject matter of the dispute. Any decision rendered by the arbitrator will be final and binding upon both parties.
Costs and Fees
Each party shall be responsible for their own attorney's fees and costs associated with the arbitration, and the parties shall equally share the fees and expenses of the arbitrator.
Class Action Waiver
Any claims brought in arbitration must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Exception to Arbitration
Notwithstanding the above, either party may bring a claim in small claims court if the claim is within the court's jurisdiction and is brought on an individual basis.
If you do not agree to all the terms and conditions of this Agreement, then you may not access our Site or use any Services. To send written notice of a dispute or initiate an arbitration procedure, please send a notification or formal arbitration request letter to the following address: 1441 NEW HWY 96 W Ste. 2 #210, Franklin, TN, 37064
Section 15: Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16: Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate your acceptance of these Terms of Service at any time by notifying us in writing that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17: Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18: Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Tennessee. The Arbitration Agreement (“Agreement”) shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Tennessee, without regard to its conflict of law principles.
Section 19: Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20: Contact Information
If you have any questions about our Terms of Service, please email us at contact@mimimmoi.com or write to us at 1441 New Highway 96 W, Ste. 2 #210, Franklin, TN 37064, United States. You can also reach us by calling (855) 955-2211.