These terms are effective as of December 1, 2016
Any unauthorized use of the Content(s) is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.
The Site contains Content(s) that Miken Sports creates and may also include Content(s) provided by third parties, including, if applicable, users that register or provide comments, ratings and reviews. It also contains product information provided to Miken Sports by third parties about products that are manufactured by or for people other than Miken Sports. Miken Sports does not accept responsibility for the accuracy, veracity or the quality of any third party content ("User Generated Content"). Specifically, User Generated Content contains information that may not reflect the opinions or beliefs of Miken Sports. While Miken Sports believes this content to represent the beliefs of those that submit it, you are advised not to rely on third party content without independent analysis.
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Site.
The Miken Sports name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Miken Sports. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the Content(s). Access to this Site does not authorize anyone to use any name, logo or mark in any manner whatsoever.
Accuracy of Information
While Miken Sports uses reasonable efforts to ensure the Content(s) are accurate and up-to-date, Worth Sports makes no warranties or representations as to the accuracy or completeness of the Content(s) or the reliability of any advice, opinions, statements, articles, recipes, or other information displayed or distributed through this Site. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINIONS STATEMENTS, ARTICLES, RECIPES, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. MIKEN SPORTS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE. This provision may be void, inapplicable, and unenforceable within the State of New Jersey.
Pricing; Order Acceptance; Payment; Sales Tax
While Miken Sports strives to provide accurate product and pricing information, pricing or typographical errors may occur. Miken Sports cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Miken Sports shall have the right, at Miken Sports' sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Miken Sports may, at Miken Sports' sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. While it is the Miken Sports practice to confirm orders by email, the receipt of an email order confirmation does not constitute the acceptance of an order or the Miken Sports confirmation of an offer to sell a product or service. Miken Sports may also require verification of information prior to the acceptance and/or shipment of any order. Please note that there may be certain orders that Miken Sports is unable to accept and must cancel. Miken Sports reserves the right, at Miken Sports' sole discretion, to refuse service to any customer or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by Miken Sports' credit department. Miken Sports will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. For your convenience, you will not be charged until your payment method is authorized and your order is shipped but if your order is canceled after your credit card has been charged, Miken Sports will issue a credit to your credit card in the amount of the charge. You are responsible for all sales taxes on your purchase. Tax exemption certificates cannot be accepted on these orders.
When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. Miken Sports offers shipping within the United States, U.S. territories, and to APO/FPO. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. The purchaser is responsible for all shipping costs, unless otherwise stated. Upon shipment, Miken Sports may, but is not obligated to, email to you a tracking number.
Products, Services and Specifications
All features, content, specifications, products and services described or depicted on this Site are subject to change at any time without notice. All reasonable measures are taken to accurately display the attributes of our products, including the colors; however, the actual color you see will depend on your computer monitor. Miken Sports cannot guarantee that your monitor will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Exchanges, Refunds, and Returns
Merchandise must be returned within 30 days of receiving the order. Refunds will be credited for the purchased price along with any applicable taxes. Please contact the Miken Sports Customer Service department via email at service@MikenSports.com if you have any questions regarding on-line purchases or require warranty service.
Please refer to your product or its packaging for the terms and conditions of any limited warranty for your purchase. If a warranty is offered, the warranty is valid for the original retail purchaser from the date of initial retail purchase and is not transferable. Keep the original sales receipt. Proof of purchase is required to obtain warranty performance. No dealer, service center, retail store or other third party has the right to alter, modify or in any way change the terms and conditions of the warranty. The warranty, if any, included with your purchased product is your exclusive warranty. This provision may be void, inapplicable, and unenforceable within the State of New Jersey.
Limitation of Liability
UNDER NO CIRCUMSTANCES WHATSOEVER AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MIKEN SPORTS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE AND THE CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF MIKEN SPORTS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MIKEN SPORTS BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS SITE AND THE CONTENT(S) OF EACH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.
Links to Third Party Websites
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Miken Sports endorsement, sponsorship or recommendation of the third party, information, product or service. If you use those websites, you will leave this Site. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Miken Sports makes no warranty or representation regarding any linked website.
Linking to the Miken Sports Site
All links to the Miken Sports Site must be approved in writing by Miken Sports, except that Miken Sports consents to links in which: (i) the link is a text-only link containing only the name "Miken Sports"; (ii) the link "points" only to www.MikenSports.com and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and, (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with, endorsed by, or sponsored by Miken Sports nor be such as to damage or dilute the goodwill associated with the name and trademarks of Miken Sports. Miken Sports reserves the right to revoke this consent to link at any time in its sole discretion.
Restrictions on Rights to Use
- remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
- reformat or frame any portion of any Web pages that are part of the Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other users unsolicited electronic communications, such as "spam," or otherwise interfere with other users' enjoyment of the Site;
- submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by Miken Sports;
- transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site, any other Web site, or any computer or other device or system, or the enjoyment of the Site by any user;
- use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any Content(s) offered on the Site other than for your personal, non-commercial use;
- use the Site to, intentionally or unintentionally, violate any applicable local, state, federal or international law; or,
- collect or store personal data about other users of the Site.
This Site is controlled, operated and administered by Miken Sports from its offices within the United States of America. Miken Sports makes no representation that materials at this Site is appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content(s) in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations. Products purchased through Miken Sports will not be shipped to any location outside of the United States, U.S. territories, or APO/FPO.
Choice of Law
You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Miken Sports will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Miken Sports reserves the right, without obligation, to take any of the following actions in Miken Sports sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of the Site;
- Establish general rules concerning use of our Site.
You agree that Miken Sports will not be liable to you or any third party for taking any of these actions.
Copyright Violation Notice
If you feel the content of this Site violates your copyright, please send a notice of the violation to: General Counsel, Miken Sports Website, 2381 NW Executive Center Drive, Boca Raton, FL 33431.
Your notice must include (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Miken Sports will act expeditiously to remove or disable access to any Content(s) that is claimed to be infringing upon the copyright of any person under the laws of the United States.