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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The website address, http://my.michebag.com (“MyMiche”), is operated by Miche Bag, LLC (referred to herein as “Miche Bag”, “we”, “us” and “our”). MyMiche is subject to the following terms and conditions.

Consent. By using MyMiche, you (the “User”) agree to these Terms and Conditions of Use (the “Terms”). If User does not agree to the Terms as set forth below, they must leave MyMiche immediately. Use of MyMiche is not mandatory for Distributors, Sales Representatives or end-use Customers of Miche Bag Products. If User is more comfortable purchasing Miche Bag Products directly from a Miche Bag Distributor or Sales Representative, as applicable, they are free to do that.

Miche Bag takes the privacy of MyMiche Users seriously. To obtain information about Miche Bag’s privacy practices, please see our Privacy Policy, which is incorporated herein by reference.

Trademarks. The trademarks, service marks and logos (the “Trademarks”) used and displayed on MyMiche are Miche Bag’s Trademarks. Nothing on MyMiche should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on MyMiche. Miche Bag’s Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Miche Bag.

Copyright. All content provided on MyMiche, such as text, graphics, images, etc., as well as collection, arrangement and assembly of all content on MyMiche is Miche Bag’s exclusive property and is protected by US and international copyright laws. Except as otherwise provided for herein, no material from MyMiche may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in MyMiche is strictly prohibited.

Use of MyMiche. MyMiche, or any portion of MyMiche, may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Miche Bag. Miche Bag reserves the right to refuse services, and/or cancel product orders, at our discretion, if we believe that User conduct violates applicable law or is otherwise harmful to our interests.

User Submissions. We are always pleased to receive comments and suggestions. If User submit comments, suggestions, ideas, etc. (collectively, “Submissions”) in response to any content on MyMiche, User grants us a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media. Miche Bag may post User feedback on MyMiche and reserves the right (but not the obligation) to monitor, edit and remove any Submission. When User sends a Submission, User represents and warrants that User owns or otherwise controls all of the rights to the content in such Submission, that the content User provides is accurate, and that use of the content in User’s Submission does not violate the Terms and will not cause injury to any person or entity.

Term; Termination. The Terms are applicable to User upon User’s accessing of MyMiche and/or completing the registration or shopping process. These Terms, or any part of them, may be terminated by Miche Bag without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Warranty Disclaimer. MYMICHE IS PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, MICHE BAG DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING MYMICHE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MICHE BAG OR ITS AGENTS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MICHE BAG OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING MYMICHE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARISE UNDER THE TERMS OR RESULT FROM THE USE OF OR INABILITY TO USE MYMICHE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST PROFITS, OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. IN NO EVENT SHALL MICHE BAG BE LIABLE TO USER FOR MORE THAN THE AGGREGATE AMOUNTS PAID TO MICHE BAG FOR THE USE OF MYMICHE.

Indemnification. User agree to indemnify and hold harmless Miche Bag, its affiliates, and its directors, officers, managers, employees, agents, attorneys and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or other applicable agreements between User and Miche Bag. We reserve the right, but not the obligation, to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, User shall provide us with such cooperation as is reasonably requested by us.

Spam and Electronic Messages. Under no circumstances shall Users of MyMiche send commercial electronic mail messages to other Users as defined in the new Federal spam law, the CAN-SPAM Act of 2003 (the “Act”). For clarification, this does not prohibit User from sending transactional or relationship messages as defined in the Act. In addition, except as expressly authorized by Miche Bag, any and all electronic messages initiated or sent by User or on User’s behalf must identify User as the sender and may not suggest or imply, or mislead or be likely to mislead a recipient into believing that a Miche Bag site is the sender or sponsor of, or has procured User to send, such electronic messages. To be clear, User may not use a return address, subject heading, header information or message contents that misleads or confuses or is likely to mislead or confuse a recipient as to User being the sender.

Proper Conduct. Users of MyMiche are required to respect the law and the rights and dignity of others and to behave in an appropriate manner. User therefore agrees to comply with all applicable laws, rules and regulations in regard to the use of MyMiche. It is impossible to list all forms of improper conduct. However, without limiting the generality of the foregoing, the following acts are prohibited in connection with the use of MyMiche: (a) harassment, defamation and intimidation; (b) obscenity, pornography; (c) acts that give rise to criminal or civil liability; (d) fraud and misrepresentation; (e) infringement of copyrights and violation of trademarks, (f) advertising or offering to sell products and services without Miche Bag’s written permission; and (g) interfering with or restricting the operation of MyMiche.

Third-Party Links. In an attempt to provide increased value to our Users, Miche Bag may link to sites operated by third parties. However, even if the third party is affiliated with Miche Bag, Miche Bag may have no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Miche Bag. These linked sites are only for User convenience and therefore a User accesses them on his/her own volition and at his/her own risk. Nonetheless, Miche Bag seeks to protect the integrity of MyMiche and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well.

Return Policy. Miche Bag stands behind its Products. Within thirty (30) days of the original purchase date, we will gladly accept returns for a full refund, less shipping or exchanges less shipping on Miche Bag Product that is in its original packaging and is resalable, as determined by Miche Bag. Additionally, Miche Bag Products must be returned to the original point of purchase (e.g., Home Party Distributors.) For manufacturing defects, User must return within ninety (90) days of purchase to qualify for a replacement of a Product. Please note that normal wear-and-tear, does not constitute a manufacturing defect.

Termination and Enforcement. Access to MyMiche is controlled by Miche Bag. User agrees that Miche Bag, in its sole discretion, may terminate User’s access to or use of MyMiche, at any time and for any reason, including without limitation, if Miche Bag believes that User has violated or acted inconsistently with the letter or spirit of the Terms, or any other relevant contractual relationship between Miche Bag and User, as applicable. User agrees that any termination of its access to or use of MyMiche may be effected without prior notice and that Miche Bag may immediately deactivate or delete any user name and/or password used by or provided to User, and all related information and files associated therewith, and/or bar any further access to such information or files. User agrees that Miche Bag shall not be liable to User or any third party for any termination of User’s access to MyMiche or to any such information or files, and shall not be required to make such information or files available to User after any such termination. Miche Bag reserves the right to takes steps that Miche Bag believes are necessary or appropriate to enforce and/or verify compliance with these Terms (including without limitation in connection with any legal process relating to User’s use of MyMiche and/or a third party claim that User’s use of MyMiche is unlawful or violates such third party's rights).

Miscellaneous. User’s use of MyMiche shall be governed in all respects by the laws of the state of Utah, U.S.A., without regard to choice of law provisions. The 1980 U.N. Convention on contracts for the international sale of goods shall not control these Terms. User further agrees that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the use of MyMiche (including, but not limited to, the purchase of MyMiche access and use rights and Miche Bag Products) shall be in the state or federal courts located in Salt Lake County, Utah. Any cause of action or claim User may have with respect to MyMiche (including, but not limited to, the purchase of MyMiche access and use rights and Miche Bag Products) must be commenced within one (1) year after the claim or cause of action arises. Miche Bag’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between Miche Bag or any User, nor trade practice shall act to modify any of these Terms. Miche Bag may assign its rights and delegate its duties under the Terms to any party at any time without notice to User. Miche Bag makes no representation that the information in MyMiche is appropriate or available for use in other locations, and access to MyMiche from territories where the content of MyMiche may be illegal is prohibited. Those who choose to access MyMiche from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between User and Miche Bag. These Terms constitute the entire agreement between Miche Bag and MyMiche Users with respect to MyMiche and supersedes any and all prior agreements with respect to the subject matter hereof.

Amendments to the Terms. Miche Bag reserves the right to modify or otherwise update the Terms at any time by posting a modified version on MyMiche, send an email notifying User of any such changes, and/or update the Terms modification date below. Such changes will automatically be effective upon posting on MyMiche, and User agrees to be bound by such modifications, updates and revisions. Please visit this page from regularly to review the current and controlling version of the Terms.

Effective Date. The Terms were last modified on February 16, 2010.

Contact Us. If there are questions regarding this the Terms, User may contact us by using the information below. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice:

If User has a question or complaint regarding MyMiche, please send an email to: info@michebag.com. User may also contact us by writing to Miche Bag, LLC10701 South Riverfront Parkway, Suite #110, South Jordan, Utah 84095, Attn: Miche Bag Public Affairs, or by calling Miche Bag’s corporate offices at: 801-566-4243. California residents may reach the Complain Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affiars by mail at: 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at: 916-445-1254 or 800-952-5210.