Site Policies:
Our
Commitment To Your Privacy
MiraCell Botanicals is committed to respecting your privacy, and providing
a secure environment in which you can participate in online activities is
important to us. This Policy discloses our privacy practices and expresses
our commitment to keeping you informed of the information we collect and
how it is used. We ask that you take time to read it carefully. We may
update this Policy from time to time to reflect new uses, rules,
regulations or technologies that impact your privacy. We recommend that
users review our Policy on a routine basis to view any changes.
The
Information We Collect And How It Is Used
You make the decision whether or not to proceed with any activity that
requests personal information, but please be aware that if you choose not
to provide the information requested, you may not be able to complete
certain transactions with MiraCell. Sometimes, such as when you register
for a service, order a product, or make other inquiries, we may ask for
specific information about you in order to provide that product or service
to you. We may need certain personally identifiable information such as
name, contact and billing information, and transaction and credit card
information. Also, to tailor subsequent communications to you and to
continually improve MiraCell offerings, we may also ask you to provide
information regarding your personal or professional interests,
demographics, past experience with MiraCell products and services, and
detailed contact preferences.
We may periodically conduct both business and individual user surveys
because they provide us with important information that helps us to
improve our products and services. Participation in such surveys is
completely voluntary. The information obtained is strictly for our
use.
Site Privacy Policies and Terms & Conditions:
The MiraCell Website is owned by MiraCell Botanicals and is operated by Prime
Requisite, Inc. The mailing address for MiraCell is 921 North 1430 West
Orem, Utah 84057
and the mailing address for Prime Requisite is 1810 N. Sunrise Drive,
Orem, UT 84097
Your Use of This Website is Governed by
These Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of
this Website constitutes your agreement to follow these rules and to be bound
by them. If you do not agree with any of these Terms and Conditions, do not use
the MiraCell Website.
These Terms and Conditions May Change
MiraCell reserves the right to update or modify these Terms and Conditions at
any time without prior notice. Your use of this Website following any such change
constitutes your agreement to follow and be bound by the Terms and Conditions
as changed. For this reason, we encourage you to review these Terms and
Conditions whenever you use this Website.
Copyright Notice
All of the Content you see and hear on the MiraCell Website, including, for
example, all of the page headers, images, illustrations, graphics, audio clips,
and text, are subject to trademark, service mark, trade dress, copyright and/or
other intellectual property rights or licenses held by MiraCell, one of its
affiliates or by third parties who have licensed their materials to MiraCell.
The entire Content of this Website is copyrighted as a collective work under
U.S. copyright laws, and MiraCell owns a copyright in the selection,
coordination, arrangement and enhancement of the Content.
The Content of this Website, and the site as a whole, are intended solely for
personal, noncommercial use by the users of our site. You may download, print
and store selected portions of the Content, provided you (1) only use these
copies of the Content for your own personal, non–commercial use, (2) do not
copy or post the Content on any network computer or broadcast the Content in
any media, and (3) do not modify or alter the Content in any way, or delete or
change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you
as a result of any such downloading. MiraCell reserves complete title and full
intellectual property rights in any Content you download from this Website.
Except as noted above, you may not copy, download, reproduce, modify, publish,
distribute, transmit, transfer or create derivative works from the Content
without first obtaining written permission from MiraCell.
Submissions
We welcome your comments regarding this Website. However, any comments,
feedback, notes, messages, ideas, suggestions or other communications
(collectively, "Comments") sent to MiraCell shall be and remain the
exclusive property of MiraCell. Your submission of any such Comments shall
constitute an assignment to MiraCell of all worldwide rights, titles and
interests in all copyrights and other intellectual property rights in the
Comments. MiraCell will be entitled to use, reproduce, disclose, publish and
distribute any material you submit for any purpose whatsoever, without
restriction and without compensating you in any way. For this reason, we ask
that you not send us any comments that you do not wish to assign to us,
including any confidential information or any original creative materials such
as stories, product ideas, computer code or original artwork.
Correction of Errors and Inaccuracies; Limitations on Quantity
The information on this Website may contain typographical errors or
inaccuracies and may not be complete or current. We therefore reserve the right
to correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice (including after you have
submitted your order). Please note that such errors, inaccuracies or omissions
may relate to product description, pricing and availability. We also reserve
the right to limit quantities (including after you have submitted your order).
We apologize for any inconvenience this may cause you. Please see our Return Policy for more
details.
Return Policy
If you are not fully satisfied with your purchase you may return it with the original packing receipt within 30 days of the order date. No refund will be issued on products sent after 30 days from the order date. An online receipt or packing receipt dated within 30 days is required for all returns. All unused product must be returned. Please note that shipping and handling charges will not be refunded when returning items. Holiday and seasonal merchandise on clearance at time of return will be refunded at the clearance price. A refunded will be issued after returns have been received and inspected at: MiraCell, Inc921 North 1430 West
Orem, Utah 84057
Gift certificates cannot be returned.
Gift Certificates
All Gift Certificates are deemed issued from the State of Utah. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
DISCLAIMERS –– GENERAL
THE MiraCell WEBSITE IS OPERATED BY PRIME REQUISITE FOR MiraCell, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, MiraCell AND PRIME REQUISITE, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, MiraCell AND PRIME REQUISITE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, MiraCell AND PRIME REQUISITE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, MiraCell AND PRIME REQUISITE DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
MiraCell AND PRIME REQUISITE DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
MiraCell AND PRIME REQUISITE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
MiraCell AND PRIME REQUISITE ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL MiraCell AND PRIME REQUISITE OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY TARGET CORPORATION BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MiraCell AND PRIME REQUISITE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE MiraCell WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF UTAH, UNITED STATES OF AMERICA.
