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legal statement
(updated March 24, 2002)
the following terms of use govern MikWright's website. please read them carefully before using MikWright.com because they impact your legal rights. by using MikWright.com, you agree to these terms of use. if you do not
agree to these terms of use, please do not use MikWright.com. it's that simple.
MikWright return policy
MikWright will gladly refund your purchase within 14 days of receipt. please return all merchandise for refund to:
MikWright, Ltd.
1111 Central Ave. Ste 230
Charlotte NC 28204
your return must include a copy of your original packing slip and a valid
mailing address. a check will be issued and mailed to you within 7 days of
receipt at MikWright. MikWright does not store credit card numbers and will
issue the refund in the form of a company check. if your merchandise arrived damaged, we will replace the items if possible
or you may return it for a full refund including shipping costs incurred in returning it to MikWright.
restrictions on your use of our stuff
by using MikWright.com, you acknowledge that MikWright.com contains information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (individually and collectively, "our stuff"), that is provided by MikWright, Ltd.
or through third party contracts ("MikWright") or by MikWright's licensors. you agree and acknowledge that our stuff is protected by copyrights, trademarks and other proprietary rights (collectively "our rights") even though you can access our stuff through MikWright.com.
you also agree that our rights and the rights of MikWright's licensors are valid and protected in all media currently existing or that may be developed later. except as specifically provided in these terms, your use of our stuff shall be governed and constrained by applicable copyright,
trademark and other intellectual property laws. in addition to MikWright's and its licensors' rights in individual elements of our stuff, you agree that MikWright owns a copyright in the selection, coordination, arrangement and enhancement of our stuff. you may not modify, publish,
transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of our stuff.
limitation of our liability for your problem
you agree that MikWright WILL NOT BE RESPONSIBLE for any incidental, special or consequential damages that may result from your access to or use of, or your inability to access or to use, our stuff, including MikWright.com ("your problem"). this limitation applies in all
circumstances, even if your problem was caused by MikWright's negligence, and even if MikWright has been told or knew, or should have known had anyone thought about it, of the possibility of your problem. you agree that YOU WON'T EVEN TRY to recover incidental, special or consequential
damages from MikWright.
you agree that MikWright's total liability to you, including all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, strict liability or otherwise), WILL NOT EXCEED
THE AMOUNT YOU PAID TO MIKWRIGHT, IF ANY, TO ACCESS MIKWRIGHT.COM, OR ONE DOLLAR, WHICHEVER IS MORE.
you agree to tell us about your problem in writing within 15 days of your problem first occurring. you agree that MikWright will have no liability to you for any damages unless MikWright has received written notice of your
problem from you within 15 days of your problem first occurring. you agree that YOU WON'T EVEN TRY to recover any damages from MikWright if you didn't notify MikWright of your problem in writing within 15 days of it first occurring.
applicable law may not allow some, or all, of these limitations and exclusions from liability, and may not allow some, or all, of these agreements not to attempt to recover certain damages or not to sue ("limitations
of our liability"). you agree to be bound by the limitations of our liability to the fullest extent allowable under applicable law. if you have any questions, consult your legal counsel to find out whether these apply to you. you should assume that they do.
disclaimers for your problem
you agree that our stuff, including MikWright.com, is provided to you "AS IS" and without warranties of any kind, expressed or implied. to the fullest extent permissible by law, MIKWRIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
without limiting the broad disclaimer above, MikWright specifically does NOT warrant that the functions contained in MikWright.com will be uninterrupted or error-free, that defects will be corrected, or that this site or
the server that makes it available or that our stuff are free of viruses or other harmful components, and MikWright does NOT warrant or make any representation regarding the use or the results from the use of the materials on MikWright.com in terms of their correctness, accuracy,
reliability or otherwise.
applicable law may not allow some, or all, of these disclaimers. you agree to be bound by the disclaimers to the fullest extent allowable under applicable law. if you have any questions, consult your legal counsel to find
out whether these apply to you. you should assume that they do.
damage you cause to our stuff
you agree to be responsible for the entire cost of all repair, correction and damages (including incidental, special and consequential damages) that MikWright may incur from your unauthorized access or misuse of our stuff, including MikWright.com.
unsolicited submissions of your stuff
we want to hear what you think of our products and services and any good gossip that you may have. however, MikWright's policy is not to accept or consider any creative ideas, drawings, photos, notes, text, suggestions or other materials (individually and collectively, "your
stuff") other than those MikWright has specifically requested from you in writing. we are constantly coming up with new stuff, and we want to avoid any misunderstandings if projects developed by MikWright may appear similar to your stuff. unless MikWright has agreed in writing
to the contrary, we ask that you not send us any of your stuff. if you want to tell us what you think of our products and services, your comments should be limited specifically to those existing products and services, and should not include any creative ideas, suggestions or materials
for new, different or additional products and services. if, despite MikWright's request that you not do so, you send us your stuff, your stuff shall be deemed, and shall remain, the property of MikWright. none of your stuff shall be subject to any obligation of confidentiality, and
MikWright shall not be liable, nor shall it owe any compensation, for any use or disclosure of your stuff. if you send it in, your stuff becomes our stuff, and MikWright doesn't have to pay you for it.
other legal stuff
these terms of use shall be governed by and construed in accordance with the laws of the state of north carolina, without giving effect to any principles of conflicts of law. if a court of competent jurisdiction declares that any provision of this agreement is unlawful, void, or
unenforceable for any reason, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. this is the entire agreement between you and MikWright relating to your access and use of our stuff, including
MikWright.com, and shall not be modified except in writing. all modifications to this agreement will be posted on MikWright.com.
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