Please read these terms carefully before using our website. Use of this website indicates your acceptance of these terms.

 

Acceptance of Contract Terms

 

By accessing and using www.miracleme.store, you acknowledge and agree to be bound exclusively by these Terms of Service and to comply with all applicable laws and regulations. You represent and warrant that you have the legal authority to accept these Terms of Service on behalf of yourself or any entity you represent. If any provision of these Terms is found to be invalid or unenforceable by any law, regulation, government order, or final judicial determination by a state or federal court, such invalidity shall not affect the enforceability of the remaining provisions.

If you do not agree to these Terms, you must not use this website.

MiracleMe.store is owned, controlled, and operated, in whole or in part, from within the United States. By accessing and using this website, you agree that all matters relating to its use shall be governed by the statutes and laws of the United States and the State of California, without regard to conflicts of law principles. Any legal disputes arising from or related to your use of the website shall be resolved exclusively in the state or federal courts of Los Angeles County, California, and you expressly consent to the jurisdiction and venue of such courts.

Users who access MiracleMe.store from outside the United States do so at their own risk and are solely responsible for ensuring compliance with all applicable local laws. The website owner makes no representation or warranty that the content available on this site is appropriate or lawful for use outside the United States.

As a condition of your use of MiracleMe.store, you warrant that you will not engage in any unlawful or prohibited activities, including but not limited to:

• Unauthorized Access & Tampering – You shall not reverse-engineer, decompile, disassemble, or otherwise tamper with any portion of the website.

• Malicious Software – You shall not introduce, distribute, or use disabling devices, including but not limited to viruses, worms, Trojan horses, time bombs, or any similar mechanisms designed to impair, damage, or interfere with the proper operation of the website.

• Interference – You shall not attempt to interfere with the website's security, accessibility, or functionality, nor shall you engage in any activity that may impose an unreasonable burden on the site's infrastructure.

The website owner reserves the right, in its sole discretion, to refuse, restrict, suspend, or terminate your access to MiracleMe.store at any time, without prior notice, for any reason, including but not limited to a violation of these Terms of Service.

By continuing to use this site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.

 

Overview

 

This website is operated by MiracleMe LLC.. Throughout the site, the terms “we”, “us” and “our” refer to MiracleMe LLC.. MiracleMe LLC. offers this website, including all information, tools and Services available from this site to you, the user, 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 “Service” and agree to be 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, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. 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 website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website 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 - Ability to Accept Terms

 

You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Site is not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Site.

 

Section 2 - 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 this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, 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. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Section 3 - 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 Service, use of the Service, or access to the Service or any contact on the website through which the service is 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 4 - Accuracy, Completeness And 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 current sources of information. Any reliance on the material on this site is at your own risk. This site may contain historical information, which is not necessarily 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. Additionally, we do not warrant that any errors in the content will be corrected.

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 5 - Modifications To The Service And Prices

 

The website owner reserves the right to modify or remove any content, in whole or in part, at any time without prior notice. Additionally, these Terms of Services may be updated at the owner's discretion by revising this posting. By continuing to use the site, you agree to be bound by any such updates and acknowledge your responsibility to review this page periodically to stay informed of the current Terms of Services.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (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 Service.

 

Section 6 - Products Or Services (If Applicable)

 

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the 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 or 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 service 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 Service will be corrected.

 

Section 7 - Accuracy Of Billing And 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 detail, please review our Returns Policy. 

 

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 the 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 website (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 Links

 

This site may include content, products, services, or hyperlinks to third-party websites for reference and convenience. These third-party websites operate independently and are not controlled, endorsed, or monitored by the website owner. The inclusion of such links does not imply any affiliation, sponsorship, or endorsement of the content, products, or services offered by these third parties.

The website owner makes no representations or warranties regarding the accuracy, quality, reliability, or timeliness of third-party content or services. Any interactions, transactions, or reliance on third-party websites are solely at your own risk. The website owner is not responsible for any losses, damages, or liabilities arising from delays, defects, omissions, or other issues related to third-party websites. Users are encouraged to review the policies and terms of any third-party website before engaging in any transactions or interactions. Any concerns, complaints, or disputes regarding third-party products or services should be directed to the respective third party.

 

Section 10 - User Comments, Feedback And 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 Service 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 - Personal Information

 

Your submission of personal information through the store is governed by our Privacy Policy.

 

Section 12 - Errors, Inaccuracies and Omissions

 

Occasionally there may be information on our site or in the Service 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 Service 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 Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

Section 13 - Prohibited Uses and Contents

 

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 Service 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 Service or any  related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You acknowledge and agree to not send any prohibited content over the website. Prohibited content includes:

·       Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

·       Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

·       Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

·       Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

·       Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

·       Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

Section 14 - Disclaimer Of Warranties; Limitation of Liability

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service 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 In no case shall MiracleMe LLC., our directors, officers, 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 data, replacement costs, or any similar damages, whether based in contract, tort (including negligence),  strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any  way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind  incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, 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 15 - Indemnification

 

You agree to indemnify, defend and hold harmless MiracleMe LLC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents,  contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable  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 16 – Termination/Exclusion

 

We reserve the right to revoke, terminate, or suspend any and all privileges associated with accessing the Site for any reason, including improper use of the Site or failure to comply with these Terms, and take any other action we deem appropriate.

 

Provisions relating to Copyrights, Trademarks, Disclaimers, Limitations of Liability, Indemnification, Waiver, Modifications, User-Generated Content, Assignment of Rights, Choice of Law, Jurisdiction, Forum, Dispute Resolution, and Limitations on Time to File Claims shall survive any termination.

Section 17 – Dispute and Resolution

 

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE.

You and MiracleMe LLC. will first attempt to resolve any Claim informally. In the event that any dispute arises between MiracleMe LLC. and you regarding: (i) these Terms; (ii) the Site; or (iii) the purchase of any products from this Site, both parties agree to try to promptly resolve such dispute informally. Please send a written notice describing the dispute to miraclemellc@gmail.com.

 

Formal Resolution by Arbitration / Class Action Waiver.

 

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, AS IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy, or Claim arising out of or relating to these Terms, your use of the Site, the purchase of any products from this Site, or the determination of the scope or applicability of arbitration shall be resolved as set forth below.

If you and MiracleMe LLC. cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and MiracleMe LLC. understand and agree that all disputes shall be decided by a single arbitrator, and you waive your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both parties agree to settle disputes (except certain small claims as set forth below) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

The rules in Arbitration are different from court proceedings. There is no judge or jury, and review is limited. However, an arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms as a court would. 

The parties hereby agree to resolve any dispute arising out of or relating to this Agreement through binding arbitration, conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as in effect at the time of the dispute. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which MiracleMe LLC’s principal place of business is located, without regard to conflict of law principles.

Within ten (10) calendar days following the service of an arbitration demand on a party, the parties shall jointly select an arbitrator who possesses no less than five (5) years of experience in arbitration and has demonstrated expertise in the subject matter of the dispute. If the parties fail to reach an agreement on the selection of an arbitrator within such period, either party may petition the AAA to appoint an arbitrator who meets the aforementioned qualifications.

The arbitrator shall have exclusive authority to determine the enforceability and interpretation of this arbitration agreement pursuant to the Federal Arbitration Act (“FAA”). The parties further agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The arbitrator’s decision shall be final, binding, and enforceable, with no right to appeal except as expressly provided under Section 10 of the FAA.

Each party shall bear its respective costs of arbitration, including arbitrator and administrative fees, unless the arbitrator determines in a well-reasoned decision that one party shall be responsible for all or a portion of such costs. The arbitrator may award attorneys’ fees only to the extent expressly authorized by applicable statute or contract. The arbitrator shall have no authority to award punitive or exemplary damages, and each party expressly waives any right to seek or recover such damages in connection with any arbitrated dispute.

THE PARTIES AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION PROCEEDING. UNLESS OTHERWISE AGREED IN WRITING BY BOTH PARTIES, THE ARBITRATOR SHALL NOT CONSOLIDATE MULTIPLE CLAIMS OR PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

Except as required by law, neither party nor the arbitrator shall disclose the existence, content, or outcome of any arbitration proceeding without the prior written consent of both parties, except as necessary to enforce or protect a legal right.

If any provision of this arbitration agreement is held invalid, illegal, or unenforceable under applicable law, such provision shall be severed, and the remainder of this Section shall continue in full force and effect. If, for any reason, a dispute is adjudicated in a court of law rather than through arbitration, the parties hereby knowingly, voluntarily, and irrevocably waive any right to a trial by jury.

This arbitration agreement shall survive the termination, expiration, or cancellation of this Agreement and any participation in MiracleMe LLC’s programs.

 

Section 18 – Severability and Enforceability

 

If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, it will be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision that is as legally permissible as the original. The rest of the Terms will remain in full force.