Important: Please carefully read and understand these Terms of Use. They contain an arbitration agreement, jury and class action waivers, limitations on Mienne’s liability and other provisions that affect your legal rights.

BY NAVIGATING AROUND THE SITE, YOU REPRESENT THAT YOU AGREE TO ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS, YOU MUST NOT USE THE THIS SITE.

Effective Date: May 9, 2025

1. Acceptance of Terms of Use.

Thank you for visiting this website (the “Site”). Mienne, Inc. (“we,” “our,” “us,” and “Mienne”) offers access to and use of the Site subject to these terms (these “Terms of Use”) which govern your access to and use of the Site. Please read these Terms of Use carefully before using the Site. By using this Site, you are accepting these Terms of Use. 

2. Consents.

2.1 Disclosures.
By visiting the Site, you understand and agree that we use various service providers to host, administer, update, and otherwise manage the Site and the services available on the Site. You understand and agree that these third parties are agents of Mienne and, as such, are the same as Mienne. You further agree and understand that the Site uses automated technologies to collect and transfer information related to your visit, use of, and communication with the Site to such third-party service providers. The information collected and transferred may include chats, navigation data, search string data, text, and video-watching data. You agree to the disclosure of the data related to your navigation around and use of the Site to these third parties for the purposes specified in the privacy policy which links to the Site. 

2.2 Communications.
By providing your contact information such as email or telephone number, you are providing express written consent to receive communications from Mienne (including its affiliates, agents, service providers, and affiliates) for any purpose, including but not limited to marketing various services from both Mienne and companies Mienne has joint marketing agreements with. Additionally, you agree to receive communications from Mienne regarding any service, and any information you may have obtained via your use of a Website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, email, or other similar means, regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that Mienne is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Should you wish to no longer receive communications, you may text “STOP” to cease receiving such communications. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.

2.3 Electronic Signatures.
By using the Site, you agree to transact electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse, or other device to select an item, button, icon, or similar act/action constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.

3. Intellectual Property and Restrictions on Use. 

3.1 Ownership.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Mienne, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 License.
Subject to these Terms of Use, Mienne hereby grants you a non-exclusive, non-transferable license for your personal purposes and in order to manage information regarding you: (i) to access and use the Site; and (ii) to access and use materials or other content generated through or available on the Site. Mienne reserves all rights not explicitly granted in these Terms of Use. You may not use the Site in any manner inconsistent with these Terms of Use. 

3.3 Trademark Notices.
All trademarks, service marks, trade names, and logos contained in the Site are the property of Mienne. Mienne’s trademarks and trade dress may not be used in any form without Mienne's prior written consent, and any use shall be subject to Mienne’s then-current policies and requirements. All other trademarks, service marks, logos, designs, and trade dress not owned by Mienne that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mienne.

3.4 Restrictions on Use.
Except as otherwise expressly provided in these Terms of Use or on the Site, you may not download, modify, copy, reproduce, republish, post, resell, upload, transmit, or distribute any materials or content, or any portion thereof from or linked to the Site, except with the express written consent of Mienne or its third-party licensors. In addition, you agree not to:

4. Links to Third-Party Sites.

The Site may contain links to other websites (“Linked Sites”) and access to third-party content, products, and services. These Linked Sites are not under Mienne’s control, and Mienne is not responsible for the content of any Linked Sites, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. Mienne is not responsible for webcasting or any other form of transmission received from any Linked Site. Mienne is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mienne of the Site or any association with its operators. You bear all risks associated with the access to and use of such websites and third-party content, products, and services.

5. Your Responsibilities.

You shall: (i) comply with all applicable laws (including but not limited to export laws) in using the Site; and (ii) use the Site solely in accordance with any online user guides or instructions made available on or through the Site.

6. Changes to Site.

We reserve the right to modify, suspend, or discontinue this Site, in whole or in part, at any time, with or without notice.

7. Terms Applicable to Purchases on the Site.

You shall: (i) comply with all applicable laws (including but not limited to export laws) in using the Site; and (ii) use the Site solely in accordance with any online user guides or instructions made available on or through the Site.

7.1 Generally.
Prior to the purchase of any goods or services on the Site, unless you pay through an alternative payment method that we accept on the Site, you must provide a valid credit card number and associated payment information, including all of the following: (i) your name as it appears on the credit card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your credit card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. For each purchase made on the Site, you agree to pay the price applicable (including any sales taxes and surcharges and any delivery fees for the delivery service you select) as of the time you submit the order. We or our payment processor will automatically bill your credit card or other form of payment submitted as part of the order process for such price. You agree that you will not use any credit card or other form of payment unless you have all the necessary legal authorization to do so.

7.2 Modifications to Prices or Billing Terms.
The purchase of products and services on the Site is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY DISCONTINUED AT ANY TIME. MIENNE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY EMAIL DELIVERY TO YOU.

8. Disclaimer.

8.1
Mienne cannot provide any assurance that any products that can be obtained via the Site are suitable for a particular purpose.

8.2
This site, including without limitation, the content and other materials contained in or accessible through this site are provided on an “as is” and “as available” basis. All warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement with respect to all such materials are disclaimed. No warranty is made that this site, its content, or its products or services will meet your requirements, or that the site or content will be uninterrupted, timely, secure, or error-free. Neither Mienne nor any person associated with Mienne makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the site. No representation or warranty is made that this site or its server(s) are free of viruses or other harmful components. Further, Mienne disclaims any responsibility for any damage to computer systems or loss of data resulting from the use of the site.

8.3
In states that restrict or do not allow the limitation or exclusion of certain warranties or conditions, the above exclusions shall apply to the maximum extent permitted under the law.

9. Limitation of Liability.

You understand that in no event will Mienne or its managers, members, officers, directors, shareholders, parents, subsidiaries, affiliates, agents be liable for any direct, consequential, indirect, incidental, special or punitive damages, whether in an action under contract, negligence, breach of statutory duty, strict liability or any other theory, arising out of: (a) your use or inability to use the site, or (b) your reliance on any services or content provided by the site; even if any of such parties has been advised of the possibility of such damages. Also, in no event will any of the above identified parties in this section be liable to you for an amount greater than $500 (USD). In states that restrict or do not allow the above limitations of liability, the above limitations shall apply to the maximum extent permitted under the law.

10. Indemnification.

You agree to defend, indemnify, and hold harmless Mienne, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

11. Security.

We have implemented commercially reasonable administrative, procedural, and technical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Measures will vary depending on the sensitivity, format, location, amount, distribution, and storage of the personal information. However, due to the nature of the Internet and related technology, we cannot absolutely guarantee the security of personal information, and Mienne expressly disclaims any such obligation. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues.

12. Termination.

Mienne reserves the right, at its sole discretion, to terminate or limit your access to the Site and the related services or any portion thereof at any time without notice.

 

13. Governing Law.

These Terms of Use shall be governed by the laws of the State of Texas without reference to the principles of conflicts of laws thereof.

14. Arbitration & Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND MIENNE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND MIENNE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.

14.1 Informal Negotiations.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

14.2 Binding Arbitration.

(a) If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website. The AAA Consumer Rules shall govern your arbitration fees and your share of arbitrator compensation and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but does not need to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Harris County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

(b) If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Harris County, Texas, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

(c) In no event shall any Dispute brought by either Party related in any way to the services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

14.3 Restrictions.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

14.4 Exceptions to Informal Negotiations and Arbitration.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.


14.5 Opt-Out.
You have the right to opt out of the provisions of these Terms of Use arbitration provisions by sending written notice of your decision to opt out to the following address:

Mienne, Inc.
Attn: Legal
20220 Hempstead Rd #34
Houston, TX 77066

Such opt-out must be postmarked within thirty (30) calendar days of first accepting these Terms of Use. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your purchase or account, if any, and (iii) a clear statement that you want to opt out of these Terms of Use arbitration provisions.

15. Persons Not of Age of Majority.

Persons who are not 18 years of age are not eligible to use the Site, and no information in relation to such persons should be included in a submission by you.

16. Waiver and Severability.

The failure of Mienne to exercise or enforce any rights or provisions in these Terms of Use will not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make these Terms of Use as modified, legal, and enforceable. The rest of these Terms of Use will not be affected.

17. Contact Information.

If you have any questions regarding these Terms of Use, please contact us by email at info@mienne.com, or by mail at:

Mienne, Inc.
Attn: Info
20220 Hempstead Rd #34
Houston, TX 77066