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terms of use

THE MINIAT COMPANIES

Effective Date: February 25, 2016

PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY.  BY ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS.  THESE TERMS OF USE ARE SUBJECT TO CHANGE.  ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS SITE FROM TIME TO TIME, AND ANY ACCESS OF THIS SITE BY YOU AFTER SUCH CHANGES ARE SO POSTED SHALL BE DEEMED YOUR AGREEMENT TO SUCH CHANGES.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE.

These Terms of Use

Welcome to MiniatHoldings.com, Miniat.com, and SouthChicagoPacking.com (each a “Site,” and collectively, the “Sites”).

When we refer to “Miniat,” “we,” “us” or “our,” we mean Miniat Holdings LLC, Ed Miniat LLC and/or South Chicago Packing LLC and/or the specific division, subsidiary or affiliate that operates the Site, provides its content or processes information received through it, each as appropriate and applicable.

When we refer to “you” or “your,” we mean the person accessing the Sites.  If the person accessing the Sites acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

Scope of these Terms of Use

These Terms of Use apply only to the use of the Sites that are owned and/or operated by or on behalf of Miniat.  These Terms of Use do not apply to any site owned and/or operated by or on behalf of any third party even if we provide a link to such site on one of our Sites.  Please refer to the terms of use of any such third-party sites for information regarding the terms and conditions of your use of such sites.

General

Miniat values your interest in our products and appreciates your visit to our Sites.  The Sites provide general information about Miniat and its products.  Use of the Sites is limited to legitimate purposes.  Miniat may, from time to time, introduce new features to the Sites, or modify or delete existing features, in its sole discretion.  Miniat shall notify you of any of these changes to features to the extent Miniat is required by law to do so.  By using any new or modified features when they become available, you agree to be bound by these Terms of Use concerning such features.

Miniat has the right, in its sole discretion, and without prior notice and from time to time, to modify these Terms of Use with respect to your access to or use of any of the Sites, and the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Sites.  Such modifications and additions shall be effective immediately upon posting the modified Terms of Use to any Site, which posting shall be deemed notice to you.  If you disagree with the changes to these Terms of Use, you should discontinue your use of the Sites.  Any access to or use of any Site after posting of modifications or additions to these Terms of Use shall constitute and be deemed to be your agreement to such modified Terms of Use, therefore, you should frequently revisit this Site to determine the present terms and conditions to which you are legally bound.

The obligations and liabilities you incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.  In the event of any such termination, the restrictions on your use of the material on this Site shall survive such termination, and you agree to be bound by those terms.  YOU ACKNOWLEDGE AND AGREE THAT MINIAT SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY PRODUCTS OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE.

You acknowledge and agree that any information, comments, documents, images or general content you enter or post on any Sites may be viewed by any other users with access to the Sites, and therefore will not be considered confidential by you.  By providing any such information, comments, documents, images or general content to Miniat, you grant to Miniat an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on the Sites.  You further agree that Miniat is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to Miniat.  You hereby agree that any comments, feedback or recommendations from you for the improvement or modification of the Sites or Miniat’s products advertised on the Sites shall be the sole and exclusive property of Miniat.

Access

Miniat makes the Sites available subject to the terms and conditions set forth herein and all applicable laws.  By accessing, browsing or otherwise using (collectively, “use” or “using”) the Sites, you acknowledge that you, the individual user of the Sites, have read, understood and agreed to be legally bound by these Terms of Use, and to comply with all applicable laws and regulations, without limitation or qualification.  By using any of the Sites, you further acknowledge that you have the authority to, and do hereby, legally bind the business entity, if any, which you serve as an agent, independent contractor or employee thereof to the same Terms of Use, without limitation or qualification.  These Terms of Use shall take effect immediately on your first use of the Site.  If you do not agree to these Terms of Use, you are not authorized to access, browse or otherwise use any of the Sites.

You warrant to Miniat that you will not attempt to gain unauthorized access to any of the Sites or to computer systems or networks connected to any Miniat server through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Miniat.  When using the Sites you agree not to pretend to be someone else or spoof their identity.

Unauthorized Use

Any access or attempted access of other areas of Miniat’s computer systems, third-party systems and Sites utilizes or other information contained therein for any purpose is strictly prohibited.  You agree not to interfere in any way with others’ use of or access to any Site.  You are not authorized to access or query any Site through the use of electronic processes that are high-volume and automated.  You may not use a Site to allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail, telephone, facsimile or otherwise.

Miniat reserves the right to report any activity that it reasonably suspects violates any law or regulation, and to disclose any information to law enforcement officials or regulators or other appropriate third parties. 

Miniat has the right to modify, suspend or discontinue, temporarily or permanently, the Sites, any products provided by Miniat through the Sites, or your right to access or use any portion of this Site, in Miniat’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by you (or another party) to gain unauthorized access to any Site or assist others in attempting to do so, (2) your (or another party’s) disabling of any security features on any Site, (3) your violation of these Terms of Use, (4) suspected or actual infringement of a third party’s intellectual property rights or (5) requests by law enforcement or other government agencies.

Use of the Site

As a user of any Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site solely for your internal business use; you may not use the Site for any other purpose whatsoever.  Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of the Site without the prior written consent of Miniat, which may be withheld, conditioned or delayed in its sole discretion.  You are prohibited from including links from other websites to the Site without the prior written consent of Miniat, which may be withheld, conditioned or delayed in its sole and absolute discretion. 

The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the content on these Sites except as expressly provided in these Terms of Use without our prior written permission. Nothing in these Terms of Use shall be construed as transferring any right, title or interest in these Sites or their content to you or anyone else, except the limited license to use these Sites on the terms expressly set forth herein

Our Online Privacy Policy

Our Online Privacy Policy describes how we protect Your privacy when You use these Sites. To review our Online Privacy Policy, click here. Our Online Privacy Policy is part of and is hereby incorporated into these Terms of Use.

Ownership of the Sites

All information and content provided on the Sites, whether explicitly marked or not, are the property of Miniat, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws and treaties.  The information and content provided include, but are not limited to, the text, graphics, images, source codes, videos, audio recordings, pages, screens, designs, animations and software, their related files and their arrangement on the Sites. 

All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on the Sites are owned by Miniat, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S.  (federal and state) and international trademark and unfair competition laws. 

You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Sites for any commercial or public purpose without Miniat’s prior written consent.

You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish or otherwise use any information, content or Marks provided on the Sites in any form or by any means, or by any information storage or retrieval system, for any commercial or public use without the express written permission of Miniat.  You may not use, copy, display, distribute, modify or reproduce any of the Marks found on the Sites except as authorized by these Terms of Use.  You are not permitted to create a hyperlink to any page or portion of any Site or frame any page or portion of any Site without the prior written permission of Miniat.  You may, however, copy, print or otherwise use the information, content or Marks provided on this Site, provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with product, brands or affiliates through the use of any information or content.  Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by Miniat, is strictly prohibited. 

Nothing contained in any Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Miniat or any third party.

Third-Party Content

Some of the information, articles and other materials available through these Sites are provided to the Miniat Companies by third parties. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for Your interest and convenience only. The Miniat Companies do not endorse these materials or the vendors who supply them to us, nor do the Miniat Companies warrant or represent that these materials are current, accurate, complete or reliable.

Links to Third-party Websites

These Sites may contain links to other websites owned by third parties (such as, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any third party website, You should review the applicable terms of use policies for such websites. The inclusion of a link in our Sites does not imply our endorsement of such third party website. If you decide to access any such linked websites, you do so at your own risk.

International Use

Miniat makes no representation that materials or products on any Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Commercial Users

For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes other than to inquire about the products or services of Miniat.  You must obtain our express prior written consent to make commercial offers of any kind on the Sites, whether by advertising, solicitations, links or any other form of communication.  Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Miniat products or services of any kind without our express written permission.  We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of such Site.  We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.

Violation of the Terms

You understand and agree that in Miniat’s sole discretion, and without prior notice, we may terminate your access to the Sites, cancel any transactions or exercise any other remedy available and remove any unauthorized content if we believe that the content you provided has violated or is inconsistent with these Terms of Use or violated the rights of Miniat, another user, or the law.  You agree that monetary damages may not provide a sufficient remedy to Miniat for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.  Miniat may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. 

Indemnification

You agree to defend, indemnify, save and hold harmless Miniat and its and their respective licensees, directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site, including any violation or alleged violation of these Terms of Use, and any losses or claims arising out of your use of any products you may have obtained on any of our Sites. 

Disclaimers

YOU USE THE SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES AT YOUR OWN RISK.  ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITES, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT.  ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

IN NO EVENT WILL MINIAT OR ITS SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITES, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF MINIAT OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY.  YOUR SOLE AND EXCLUSIVE REMEDY AGAINST MINIAT OR ITS SUPPLIERS IS TO DISCONTINUE USE OF THE SITES AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THE SITES AND ANY HYPERLINKED SITES.  CERTAIN STATE LAWS DO NOT ALLOW 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 OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Without limiting the above disclaimers, Miniat, its suppliers and their respective directors, members, shareholders, officers, employees and agents:  (1) make no warranties or representations whatsoever concerning this Site or any other Internet site, the access to, or the availability or use of, this Site or any other Internet site, the information and content from whatever source posted on or referred to in this Site or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this Site.

The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.  The limitations of liability provided in these Terms inure to the benefit of Miniat and its suppliers and their respective directors, members, shareholders, officers, employees and agents.

If, notwithstanding the limitations of liability above, Miniat or its suppliers are found liable for any loss or damage which arises out of or in any way connected with any products or Services or operation of this Site, then such liability will in no event exceed, in the aggregate One-Hundred Dollars (US$100.00).

Each of the foregoing limitations of liability apply to the fullest extent permitted by law, whether the alleged liability is based on contract, negligence or other tort, strict liability or any other basis; even if an authorized representative of Miniat or one of its affiliates, licensors or service providers has been advised of or should have known of the possibility of such damages; and without regard to the success or effectiveness of other remedies.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding the Site, please

  • Send an e-mail to privacy@miniat.com

  • Write to us at:

    Privacy Officer/Web Terms of Use Inquiries

    Miniat Holdings LLC

    16250 Vincennes Ave.

    South Holland, IL 60473

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

By accessing the Sites you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of the Sites and that if you use the Sites from any other location you are responsible for compliance with applicable local laws.  Any and all claims, actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Cook County, Illinois. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

Entire Agreement

These Terms of Use, as supplemented or amended by any applicable Privacy Notices or click-through agreement, contain the entire understanding and agreement between You and us with respect to these Sites and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect thereto.

Questions about These Terms of Use

If you have any questions regarding these Terms of Use, please

  • Send an e-mail to privacy@miniat.com

  • Write to us at:

    Privacy Officer/Web Terms of Use Inquiries

    Miniat Holdings LLC

    16250 Vincennes Ave.

    South Holland, IL 60473

© 2016 Miniat Holdings LLC.  All rights reserved.