Last updated: September 26, 2016
Welcome to www.mimosainc.com (the “Website”). Torero Specialty Products LLC and/or its affiliates (“TSP”) provide website features and other products and services to you when you visit or shop at the Website, use TSP products or services, or use software provided by TSP in connection with any of the foregoing (collectively, the “TSP Services”). TSP provides the TSP Services subject to the following conditions. By using TSP Services, you agree to these conditions. Please read them carefully. We offer a wide range of TSP Services, and sometimes, additional terms may apply.
When you use any TSP Service, 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, by posting notices on the Website or through the other TSP Services. 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.
All content included in or made available through any TSP Service, such as text, graphics, logos, button icons, images, audio and video clips, and data compilations, is the property of TSP or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any TSP Service is the exclusive property of TSP and protected by U.S. and international copyright laws.
Mimosa Inc and other TSP graphics, logos, page headers, button icons, scripts, and service names included in or made available through any TSP Service are trademarks or trade dress of Torero Specialty Products LLC in the U.S. TSP’s trademarks and trade dress may not be used in connection with any product or service that is not TSP’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TSP. All other trademarks not owned by TSP that appear in any TSP Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TSP.
License and Site Access
Subject to your compliance with these Conditions of Use, TSP grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the TSP Services. This license does not include any resale or commercial use of any TSP Service or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any TSP Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by TSP or its licensors, suppliers, rights holders, or other content providers. No TSP Service, nor any part of any TSP Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TSP. 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 TSP without express written consent. You may not use any meta tags or any other "hidden text" utilizing TSP’s name or trademarks without the express written consent of TSP. You may not misuse the TSP Services. You may use the TSP Services only as permitted by law. The licenses granted by TSP terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any TSP Service, 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. TSP does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the TSP Services only with involvement of a parent or guardian. TSP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. TSP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant TSP a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TSP and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TSP for all claims resulting from content you supply. TSP has the right but not the obligation to monitor and edit or remove any activity or content. TSP takes no responsibility and assumes no liability for any content posted by you or any third party.
TSP respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us at firstname.lastname@example.org.
Risk of Loss
All items purchased from TSP are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds and Title
TSP does not take title to returned items until the item arrives at our returns center. At our discretion, a refund may be issued without requiring a return. In this situation, TSP does not take title to the refunded item.
TSP attempts to be as accurate as possible. However, TSP does not warrant that product descriptions or other content of any TSP Service is accurate, complete, reliable, current, or error-free. If a product offered by TSP itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold on the Website, we cannot confirm the price of an item until you order. 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. We generally do not charge your credit card until after your order has entered the shipping process.
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. TSP 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
THE TSP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TSP SERVICES ARE PROVIDED BY TSP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TSP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TSP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TSP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TSP SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TSP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TSP DOES NOT WARRANT THAT THE TSP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TSP SERVICES, TSP’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OR ON BEHALF OF TSP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TSP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TSP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TSP SERVICE, 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.
By using any TSP Service, you agree that the Federal Arbitration Act, applicable federal law, and 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 TSP.
Any dispute or claim relating in any way to your use of any TSP Service, or to any products or services sold or distributed by TSP or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 222 East Huntington Drive STE 2225, Monrovia, CA 91016. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, TSP will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your use of TSP Services. We reserve the right to make changes to our site, policies, Service Terms, 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.
Torero Specialty Products LLC
222 East Huntington Drive STE 225
Monrovia, CA 91016
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 TSP’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying TSP that your copyrighted material has been infringed.
TSP’s Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:
Torero Specialty Products LLC
222 East Huntington Drive STE 225
Monrovia, CA 91016