LEGAL & PRIVACY POLICY

ONLINE PRIVACY POLICY AGREEMENT
April, 2022

 

MIKING LLC (MIKING) values its users' privacy. This Privacy Policy ("Policy") will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with MIKING LLC of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.

We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time MIKING LLC decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.

This Policy applies to MIKING LLC and any subsidiary company listed below, and it governs any and all data collection and usage by us. Through the use of www.miking.us and any subsidiary and website listed below, you are therefore consenting to the data collection procedures expressed in this Policy. 

Subsidiary Company:                                             Subsidiary Website:

MIKING LLC SAC                                                      www.miking.info

Please note that this Policy does not govern the collection and use of information by companies that MIKING LLCdoes not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies an statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected.

Specifically, this Policy will inform you of the following

1. What personally identifiable information is collected from you through our website;

2. Why we collect personally identifiable information and the legal basis for such collection;

3. How we use the collected information and with whom it may be shared;

4. What choices are available to you regarding the use of your data; and

5. The security procedures in place to protect the misuse of your information.​

Information We Collect

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as:

 

  • Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested.

  • Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.

In addition,MIKING LLC may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist in providing and maintaining superior quality service.

MIKING LLC may also deem it necessary, from time to time, to follow websites that our users mayfrequent to gleam what types of services and products may be the most popular to customers or the general public.

Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy.

Why We Collect Information and For How Long

We are collecting your data for several reasons:

·      To better understand your needs and provide you with the services you have requested;

·      To fulfill our legitimate interest in improving our services and products;

·      To send you promotional emails containing information we think you may like when we have your consent to do so;

·      To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;

·      To customize our website according to your online behavior and personal preferences.​ 

The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.​

Use of Information Collected

MIKING LLC does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.

MIKING LLC may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.miking.us and its subsidiaries.

MIKING LLC and its subsidiaries may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

MIKING LLC may find it beneficial to all our customers to share specific data with our trusted partners in an effort to conduct statistical analysis, provide you with email and/or postal mail, deliver support and/or arrange for deliveries to be made. Those third parties shall be strictly prohibited from making use of your personal information, other than to deliver those services which you requested, and as such they are required, in accordance with this agreement, to maintain the strictest of confidentiality with regards to all your information.

MIKING LLC uses various third-party social media features including but not limited to

Stripe.com

https://www.instagram.com/miking.llc,

https://www.facebook.com/miking.llc,

https://www.linkedin.com/company/miking-llc

https://www.youtube.com/user/mikingtv, and other interactive programs.

These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within MIKING LLC's control.

Disclosure of Information

MIKING LLC may not use or disclose the information provided by you except under the followingcircumstances:

·      as necessary to provide services or products you have ordered;

·      in other ways described in this Policy or to which you have otherwise consented;

·      in the aggregate with other information in such a way so that your identity cannot reasonably be determined;

·      as required by law, or in response to a subpoena or search warrant;

·      to outside auditors who have agreed to keep the information confidential;

·      as necessary to enforce the Terms of Service;

·      as necessary to maintain, safeguard and preserve all the rights and property of MIKING LLC.

Non-Marketing Purposes

MIKING LLC greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in MIKING LLC products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice. 

Children under the age of 13

MIKING LLC's website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

Unsubscribe or Opt-Out

All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to sm@miking.us. If you wish to unsubscribe or opt- out from any third-party websites, you must go to that specific website to unsubscribe or opt-out.

MIKING LLC will continue to adhere to this Policy with respect to any personal information previously collected.

Links to Other Websites

Our website does contain links to affiliate and other websites.MIKING LLC does not claim noraccept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our website.

Notice to European Union Users

MIKING LLC's operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to​ companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy. 

Your Rights as a Data Subject

Under the regulations of the General Data Protection Regulation ("GDPR") of the EU you have certain rights as a Data Subject. These rights are as follows:

·      The right to be informed:this means we must inform you of how we intend to use yourpersonal data and we do this through the terms of this Policy.

·      The right of access:this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to info@miking.us.

·      The right to rectification:this means that if you believe some of the date, we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us, or by sending us an email with your request.

·      The right to erasure:this means you can request that the information we hold be deleted, and we will comply unless we have a compelling reason not to, in which case you will be informed of same. You can do this by sending an email to info@miking.us.

·      The right to restrict processing:this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to info@miking.us.

·      The right of data portability:this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at info@miking.us.

·      The right to object:this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an email to info@miking.us.

In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below or visit our website at www.miking.us.

Security

MIKING LLC takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the webpage.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control. The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information. In addition, MIKING LLC is a licensee of TRUSTe.The website is also secured by VeriSign. 

Acceptance of Terms

 

By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.

How to Contact Us 

If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.

Email: cs@miking.us 

Telephone Number: +1(786) 513-9800 

Mailing Address: MIKING LLC,  6303 Blue Lagoon Dr Miami, Florida 33126 USA

The data controller responsible for your personal information for the purposes of GDPR compliance is:

Miluska Ochoa

miluska@miking.us

+1 (786) 513-9800

6303 Blue Lagoon Drive Suite 400 Miami FL 33126 USA

GDPR Disclosure: 

If you answered "yes" to the question Does your website comply with the General Data Protection Regulation ("GDPR")? then the Privacy Policy above includes language that is meant to account for such compliance. Nevertheless, in order to be fully compliant with GDPR regulations your company must fulfill other requirements such as: (i) doing an assessment of data processing activities to improve security; (ii) have a data processing agreement with any third party vendors; (iii) appoint a data protection officer for the company to monitor GDPR compliance; (iv) designate a representative based in the EU under certain circumstances; and (v) have a protocol in place to handle a potential data breach. For more details on how to make sure your company is fully compliant with GDPR, please visit the official website at https://gdpr.eu. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with GDPR and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any GDPR compliance issues.

COPPA Compliance Disclosure:

This Privacy Policy presumes that your website is not directed at children under the age of 13 and does not knowingly collect personal identifiable information from them or allow others to do the same through your site. If this is not true for your website or online service and you do collect such information (or allow others to do so), please be aware that you must be compliant with all COPPA regulations and guidelines in order to avoid violations which could lead to law enforcement actions, including civil penalties.

In order to be fully compliant with COPPA your website or online service must fulfill other requirements such as: (i) posting a privacy policy which describes not only your practices, but also the practices of any others collecting personal information on your site or service — for example, plug-ins or ad networks; (ii) include a prominent link to your privacy policy anywhere you collect personal information from children; (iii) include a description of parental rights (e.g. that you won't require a child to disclose more information than is reasonably necessary, that they can review their child's personal information, direct you to delete it, and refuse to allow any further collection or use of the child's information, and the procedures to exercise their rights); (iv) give parents "direct notice" of your information practices before collecting information from their children; and (v) obtain the parents' "verifiable consent" before collecting, using or disclosing personal information from a child. For more information on the definition of these terms and how to make sure your website or online service is fully compliant with COPPA please visit https://www.ftc.gov/tips-advice/business- center/guidance/childrens-online-privacy-protection-rule-six-step-compliance. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with COPPA and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any COPPA compliance issues. 

BY USING THE SITES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE TERMS & CONDITIONS OF USE.

LAST UPDATED: April 28 2022

MIKING, 2022 All Rights Reserved

Legal Statement

IMPORTANT! Please carefully read the following terms and conditions ("Terms") governing your use (including access, browsing and/or use of any interactive features) of those portions of the MIKING website accessible at www.miking.us, as well as and including any other MIKING websites or web pages accessible through the MIKING website or other promotional websites MIKING hosts or sponsors such as minisites or pages on third party social networking services, directed at consumers in the United States, including those portions of the MIKING website accessible by going to www.miking.us and selecting “United States” under the listings that appear below “America” on the “Languages” page or link, (collectively the “Sites”).

PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU (SEE “AGREEMENT TO ARBITRATE DISPUTES” BELOW). THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Please see the separate terms of use applicable to other country-specific or region-specific web pages available on those pages when you access them through www.miking.us or through other promotional websites.

Use of the Sites is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. We reserve the right to change the Terms at any time. Any such changes will be posted on the Sites and you agree to be bound by such changes.

1. PRIVACY

Please read our Privacy Policy, which governs the manner in which we will handle any personal information that you provide to us. The Privacy Policy is subject to the terms and conditions of this Legal Statement.

2. OWNERSHIP RIGHTS/USE OF SITES MATERIALS

Miking Llc. and/or its worldwide affiliates (“MIKING”) own all right, title and interest in and to the Sites and/or own the content and applications on the Sites (including on social network websites).

MIKING owns all copyrights for all material on the Sites or has a valid right from a third party to use the material on the Sites. MIKING also owns all trademarks, service marks, trade names, logos and domain names used on or in connection with the Sites or has a valid right from a third party to use any such material. Any modification or use of the materials from the Sites for any purpose not explicitly permitted is a violation of MIKING's copyright and other proprietary rights.

No part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of MIKING. This prohibition also includes framing any content from the Sites, as well as unauthorized linking.

3. DISCLAIMER/LIMITATION ON LIABILITY

Use of and browsing in the Sites are at your own risk. Neither MIKING nor any party representing or otherwise affiliated with MIKING in creating or presenting the Sites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Sites, except where such liability or damage is the result of MIKING’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.

Solicited information that you submit to MIKING by email in order to register or sign up, purchase products and/or to submit appropriate questions to the Sites are subject to our Privacy Policy. All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by MIKING and MIKING may use such materials in any manner that it deems appropriate. For more information on this topic, please see our Privacy Policy.

4. LINKS

MIKING is not responsible for third party websites that link to or from the Sites. MIKING does not endorse any such sites or the goods or services offered on such sites. MIKING disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. MIKINGshall not be held liable or responsible for the content of any sites that link to or from the Sites.

5. ACCURACY OF INFORMATION

MIKING takes reasonable steps to ensure the accuracy of the information included in the Sites. However, MIKING takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.

6. PRICES

When applicable, prices displayed on the U.S. portion of the MIKING website are shown in U.S. dollars and do not include taxes. Prices are provided for informational purposes and are not binding. Please also note that prices shown may vary between the U.S. mainland, Hawaii, Guam and Saipan. The price displayed is based on such jurisdiction as inferred from your computer IP address. Prices remain subject to change without notice.

Prices for Fine Jewelry pieces displayed on the U.S. portion of the MIKING website are based on size 7 and 10 or Medium and are likely to vary for smaller or larger sizes.

7. NO WAIVER

The failure on the part of MIKING to enforce any part of these Terms shall not constitute a waiver of any of Miking's rights hereunder for past or future actions.

8. QUESTIONS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT TERMS OF USE

By submitting a question, comment, communication or other content (“Statement”) to www.miking.us (the “Site”), you hereby grant MIKING the perpetual, worldwide right and permission to use, post and repost your Statement, in whole or in part, either alone or accompanied by other material, with or without with your name, for any purpose whatsoever, including advertising, promotion or trade, in any media now known or hereafter invented, including, but not limited to, any and all Internet media (including the Site and any other MIKING websites and applications, third party sites, and social networking sites), in all forms of print, point-of-sale and publicity materials (e.g., press releases) and in Miking´s email marketing campaigns and newsletters.

You warrant and represent that all of the Statements you have made regarding MIKING and/or its products are true and accurately reflect your honest opinion of and experience with MIKING and its products. You have made the Statements without any prior payment or promise of payment, or any other benefit having been made to me and without any expectation by you of any payment or benefit in return. You agree to notify MIKING immediately if any of the Statements no longer represent your true and honest experience and opinions. You further warrant and represent that you are not an employee of Miking nor are you a paid spokesperson for Miking.

You agree that the Statements made by you may be used in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form to meet the requirements of copy or layout, provided that the general sense is not changed. You further agree that the Statements made by you may be modified and/or altered by Miking to remove any store names and/or personally identifiable information or other sensitive information about yourself or others.
MIKING expects all of its users to be respectful of other people. Your Statement will not be posted if it violates the following guidelines (“Guidelines”) which prohibit any Statement that contains any of the following types of content:

Obscenities, discriminatory language, or other language not appropriate for this Site or any public forum.

Advertisements, 'spam' content, or references to other products, offers, or websites.

Any content or materials which you do not own and/or are otherwise infringing or for which you have not secured all necessary rights.

Email addresses, URLs (www.miking.us ok), phone numbers, physical addresses, or other forms of contact information.

Comments that harass, abuse, disparage, and/or defame another person or entity, including any other authors who post to this Site or any of their comments.

Discussion of medical conditions or claims of medical effectiveness.

Content that is false or misleading.

Content that is unlawful or promotes unlawful activities.

MIKING will make all determinations as to what Statements are appropriate for this Site and in compliance with these Guidelines in its sole discretion.

9. MIKING TEXT PROGRAM TERMS & CONDITIONS AND CONSENT TO USE OF ELECTRONIC RECORDS

By agreeing to receive Miking text messages, you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Autodialed messages are text messages and calls Miking dials using equipment that can dial numbers that are stored or produced by random or sequential number generators. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the Miking text list you must text STOP in response to a Miking text message or contact customer care at 1.786.513.980 or sm@miking.us. After texting STOP you may receive one additional message confirming that your request has been processed. In the event that you change or deactivate your mobile number it is your responsibility to notify Miking at 1.786.513.9800 or sm@miking.us to have your number removed.

Additionally, Miking reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.
View our Privacy Policy

You also agree to the use of electronic documents and records by Miking. Moreover, by consenting to receive text message ads from Miking, you further agree that Miking may use electronic documents and records when obtaining your consent to receiving Marketing Communications. You agree that the use of electronic records satisfies any legal obligations Miking has to provide information about your consent to you in writing. If you do not agree to this, you should not agree to the terms. You have the right to receive a paper copy of all documents that Miking is legally required to deliver to you in writing. You can

1) request a paper copy of such documents, including the agreement to receive autodialed text messages from Miking;

2) withdraw your consent to the use of electronic records; or 3) update your contact information by calling Miking at 1.786.513.9800 or emailing info@miking.us or updating your information at https://www.miking.us .

You must have certain equipment and software in order to receive the electronic records associated with your consent to receiving text message ads from Miking. You will need either a web browser equivalent to what you are now using to view this web page or at least Explorer 11.0, Firefox version 60.0 or later, Google Chrome version 66.0 of later, Safari version 11.0 or later, or an equivalent browser. You will need computer hardware and software that is required to run the particular browser. To retain your records, you must have computer hardware and software capable of saving the web page viewed by your web browser. You may also print the records if you have a printer and appropriate hardware and software for printing pages viewed by your browser. In registering your consent online, you are indicating your signature to and acceptance of these terms and the consent to the use of electronic records as well as confirming that you have equipment meeting the above receipt, access, and retention requirements.

The limitation of liability described in section 3 above, the Agreement to Arbitrate Disputes described in section 10 below, and the Severability provisions described in section 11 below, all apply to Miking´s text messaging activity. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

10. AGREEMENT TO ARBITRATE DISPUTESWE BOTH AGREE TO ARBITRATE.

You hereby agree that any dispute between you and MIKING relating to, concerning, or arising out of this Legal Statement (including disputes about the validity, scope, or enforceability of this arbitration provision), the Privacy Policy the Sites and/or an item purchased through the Sites (“Covered Disputes”) will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules” available at https://www.adr.org) in effect on the date thereof. The arbitration will be conducted before a single neutral arbitrator chosen by the parties and may be held by telephone or in-person. Disputes may also be resolved by submission of documents and without in-person or telephonic hearings as provided by the Rules. To the extent necessary, the locale of the hearing will be the county of the consumer’s home address or, at the consumer’s election, such other locale as mutually agreed to by the parties, or as determined by the arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MIKING will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute.

NO CLASS ACTIONS.

The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and MIKING alone. Claims may not be joined or consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, OR A CLASS ACTION. If you initiate a litigation or any other proceeding against MIKING in violation of this paragraph, and MIKING is the prevailing party in any such litigation or proceeding, you agree to pay Miking’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.

REPRESENTATIVE PAGA WAIVER.

Notwithstanding any other provision of these Terms or the Agreement to Arbitrate, to the fullest extent permitted by law: (1) you and MIKING expressly intend and agree not to assert a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and MIKING agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of these Terms, this Agreement to Arbitrate, or the Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from these Terms; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Agreement to Arbitrate or the requirement that any remaining Covered Disputes be arbitrated on an individual basis pursuant to the Agreement to Arbitrate; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Covered Disputes to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Covered Disputes, the Parties agree that litigation of those Covered Disputes shall be stayed pending the outcome of any individual Covered Disputes in arbitration.

EXCEPTIONS TO ARBITRATION.

This Agreement to Arbitrate shall not require arbitration of the following types of Covered Disputes (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the Federal Arbitration Act (9 U.S.C. sec. 1-16).

OPT-OUT OF AGREEMENT TO ARBITRATE.

You can reject this Agreement to Arbitrate by emailing MIKING at customercare@miking.us and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the MIKING Sites.

THIS LEGAL STATEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in this Legal Statement, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Dade in the State of Florida. You agree not to raise the defense of forum non conveniens.11. Severability If any term of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

11. MISCELLANEOUS

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the entire agreement between you and MIKING with respect to the use of the Sites.

MIKING may change these Terms at any time by posting changes on the Sites. Any changes are effective immediately upon posting. The continued use of the Sites constitutes your agreement to any revised Terms.

The Sites are not intended to provide any medical information about the skin or otherwise.

BY USING THE SITES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE TERMS & CONDITIONS OF USE.

LAST UPDATED: April 18, 2022

MIKING, 2022 All Rights Reserved

More Info