Terms and Conditions of Use
The following are the rules that govern use of the MiraMesa.com web site (the ‘Site’) and the services that we may offer, including without limitation email, a searchable directory of business web sites, links to other web sites, and access to news and information.
MiraMesa.com may update the TCU from time to time. You are responsible for checking this page periodically for changes and updates to the TCU. Your use of the Site following any posted change(s) to the TCU will be deemed an acceptance of such change(s).
In addition, when using the Site, you shall be subject to any posted guidelines or rules, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TCU.
This Site is not intended for use by persons under the age of thirteen. Individuals who are under thirteen are expressly prohibited from posting any personally identifiable information about themselves.
Please direct any questions you may have about the TCU, or any other legal matters, please contact us by clicking here.
1. MiraMesa.com’s Proprietary Rights and Permitted Use
The Site, including without limitation any content, software and services offered thereon, are the property of MiraMesa.com and/or its suppliers. It is protected by the copyright and/or other intellectual property laws of the United States and internationally. You are hereby authorized solely to view and to retain a copy of pages of this Site for your own personal use. Do not duplicate, publish, modify, or otherwise distribute the material on this Site unless specifically authorized in writing by MiraMesa.com to do so. Legal notices and various other acknowledgements and credits are posted on pages of the Site. Do not remove these legal notices or other acknowledgements or credits, or any related information, contained on pages of the Site.
You hereby acknowledge and agree that, as between MiraMesa.com and you, all right, title, and interest in and to the Site and the provision thereof, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by MiraMesa.com. Except as expressly authorized by MiraMesa.com herein, you agree not to make, copy, display, modify, rent, lease, license, loan, sell, distribute, or create derivative works of the Site, in whole or in part. You agree not to access the Site by any means other than through the interface that is provided by MiraMesa.com for use in accessing the Site. In connection with your use of the Site, MiraMesa.com may make software available to you for download from the Site; your download and use of such software shall be pursuant to a separate license agreement that shall be agreed to upon your download or installation of such software.
2. User Contributions to the Site
MiraMesa.com provides users with the opportunity to contribute to the Site. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials posted by you on the Site (collectively, the ‘User Content’), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. This means that you, and not MiraMesa.com, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Site. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Site.
MiraMesa.com does not control or pre-screen the User Content posted via the Site or sent to another user and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such User Content. The User Content posted by users or other third parties does not necessarily represent the views or opinions of MiraMesa.com and under no circumstances will MiraMesa.com be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site.
Users can be held liable for any illegal or prohibited User Content they provide to the Site or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Site is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, email or otherwise make accessible on or through the Site User Content that:
- Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another’s privacy, hateful, or malicious; Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
- Is or could be harmful to minors;
- Harasses or advocates harassment of another person;
- Involves the transmission of ‘junk mail,’ ‘chain letters,’ or unsolicited mass mailing (or ‘spamming’);
- Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
- Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
- Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
- Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by MiraMesa.com or any other party;
- Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
- Otherwise violates any local, state, national or other applicable law or regulation.
In addition, you may not, in connection with your use of the Site:
- Impersonate any person or entity, including a MiraMesa.com officer or employee, or falsely misrepresent your affiliation with any other person or entity;
- Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted through or on the Site;
- Engage in commercial activities and/or sales without MiraMesa.com’s prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
- Post or transmit any Content that you do not have the right to post or transmit;
- Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
- Disrupt the ordinary flow and operation of any portion of the Site, including causing a screen to scroll faster than another User may be able to type in a chat room or bulletin board environment;
- Interfere with or disrupt the Site or any server or network involved with the operation of the Site;
- Stalk or harass any other person; or
- Collect or ‘harvest’ from the Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.
If you discover this kind of material or activity on the Site, please notify us by clicking here.
3. License To User Content
With respect to User Content you elect to post or transmit for inclusion in or on the Site, you grant MiraMesa.com and its affiliates and partners the perpetual, world-wide, royalty free, non-exclusive, sub-licensable license as follows: to use, reproduce, translate, alter, perform, display, modify, adapt, and publish such User Content, in whole or in part, in all present and future media and in any manner relating to the Site (including without limitation in connection with the appearance of such User Content on MiraMesa.com and on the sites of our affiliates, partners and others with whom MiraMesa.com may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that MiraMesa.com is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.
Without limitation of any of the rights granted to MiraMesa.com herein, you acknowledge and agree that MiraMesa.com may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TCU; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MiraMesa.com, its users and the public.
You agree to indemnify and hold MiraMesa.com, its subsidiaries, affiliates, officers, agents, co-branders, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Site, your use of the Site, including your use of the Site to provide a link to another Site or to upload content or other information to the Site, or your violation of the TCU or any applicable laws or the rights of another.
5. Links and Search Results
The Site may provide links and automatically produce search results, or third parties may provide information, that reference or link to other World Wide Web sites or resources. MiraMesa.com has no control over such sites and resources, and you acknowledge and agree that MiraMesa.com is not responsible for the content or information contained therein. MiraMesa.com cannot and does not guarantee, represent, or warrant that the content or information contained in such third-party sites is accurate, legal and/or inoffensive. MiraMesa.com does not endorse the content or information of any third-party site or resource, and further does not warrant that such sites or resources will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that MiraMesa.com shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of, or reliance on, the Site to obtain search results and/or to link to another site. However, if you have a problem with a link from the Site, please let us know by clicking here.
6. No Resale of Site
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site, without the express, prior written consent of MiraMesa.com in each instance.
7. Modifications to Site
MiraMesa.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that MiraMesa.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
8. Suspension and/or Termination Rights
MiraMesa.com reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the TCU, your registration for any program, your ability to access the Site, your ability to utilize any email services offered on the Site, and/or to remove any User Content, for any reason, including without limitation any breach by you of the TCU or conduct by you that MiraMesa.com determines to be inappropriate. You agree that MiraMesa.com shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
9. Copyright Policy
MiraMesa.com understands and respects the importance of intellectual property. Please click here to review our Copyright Policy.
10. Your Registration Obligations
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the ‘Registration Data’) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MiraMesa.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MiraMesa.com has the right to suspend, terminate, or refuse any and all current or future use of the Site (or any portion thereof).
MiraMesa.com is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the TCU (including without limitation content from any e-mail account hosted by MiraMesa.com), and is not obligated to maintain back-up copies of any contributed User Content or e-mail messages. We recommend that you retain a copy of all User Content that you post or distribute to, or through, the Site.
You understand and agree that MiraMesa.com may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
13. Password and Security
You will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MiraMesa.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MiraMesa.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Without limitation to the generality of the foregoing, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, the Site, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Site and the Internet in general, you may be subject to various risks, including, among others, eavesdropping, sniffing, spoofing, forgery, spamming, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information (including Registration Data, passwords and User Content) received or delivered or intended to be made available on and through the Site may be subject to these and other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The Site is not different than other applications in this respect. Without limitation of the foregoing, although we take seriously the security of all member accounts and other personal and non-personal information associated with our visitors and participants, due to the open communication nature of the Internet, we can not guarantee that your account will be free from unauthorized access by third parties.
14. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Site is at your sole risk. The Site, and its content, are delivered on an ‘as is’ and ‘as available’ basis. MiraMesa.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MiraMesa.com makes no warranty that the Site or any related services, such as email, links, or searches offered on the Site will be error-free, uninterrupted, timely, secure, or that it will provide specific results from use of the Site or any content, search or link therein. MiraMesa.com further cannot ensure that files you download from the Site will be free of viruses, Trojan horses, bugs, contamination, or destructive features.
Any material viewed, downloaded, or otherwise obtained through the use of the Site is done solely at your own discretion and risk, and MiraMesa.com will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, punitive, or consequential damages.
No advice or information, whether oral or written, obtained by you from MiraMesa.com or through or from the Site shall create any warranty not expressly stated in the TCU. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither MiraMesa.com nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
15. Limitation of Liability
You expressly understand and agree that MiraMesa.com shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MiraMesa.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon. In no event will MiraMesa.com be liable for any damages in excess of one hundred United States dollars ($100.00).
16. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
The TCU constitutes the entire agreement between you and MiraMesa.com and governs your use of the Site, superceding any prior agreements between you and MiraMesa.com. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
You agree that the TCU and the relationship between you and MiraMesa.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the state and federal courts of the State of California, County of San Diego. The failure of MiraMesa.com to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision.
If any provision of the TCU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TCU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TCU are for convenience only and have no legal or contractual effect.