Terms & Conditions
Please read the following carefully.
The following terms and conditions (“Terms”) apply to all visitors and users of the www.mambaby.com/ca website (“Site”) which is owned and operated by the MAM Canada, LLC (“MAM Canada”). By accessing the Site, and/or by submitting a posting through the Site, you indicate your acknowledgment and acceptance of these Terms. PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SITE. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SITE THROUGH YOUR CONTINUED USE OF THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS SITE.
Please note that the Terms and any other policies or guidelines governing the Site are subject to change by MAM Canada at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms posted on the Site at the time of such use. Your continued use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to any changes to these Terms, please immediately discontinue your use of the Site.
You also understand and agree that we may amend, alter, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, content, functionality or aspect in our sole discretion without notice to you.
We may at times require that you register and/or set up an account to use certain portions of the Site, or the Site as a whole. In order to do so, you may be provided, or required to choose, a password, user ID, and/or other registration information, including, but not limited to, personal information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by sending the corrected Registration Information to us at: 2700 Westchester Ave, Suite 315, Purchase, NY 10577. If MAM Canada believes that the Registration Information you provide is not correct, current, or complete, MAM Canada reserves the right to refuse you access to this Site, and to terminate or suspend your access at any time. However, MAM Canada has no obligation to verify the accuracy, currency completeness or usefulness of any Registration Information that you have provided to the Site.
If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of any user ID, password, and similar information. You may not authorize others to use your user ID, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information.
All content which forms a part of the Site, including without limitation, all text, design, graphics, drawings, photographs, e-mails, photographs, pictures, video, code and software, and all organization and presentation of such content (collectively, the "Content"), is subject to all proprietary rights provided under intellectual property law including without restriction patent, copyright, trademark, and trade secret laws.
You acknowledge and agree that the ownership right and title to such rights will continue and remain with MAM Canada, is affiliates or its licensors, as the case may be. You are permitted to view and download a single copy of the Content and print hard copies of pages from this Site for your own non-commercial and lawful use, provided that such copies clearly display the copyright and any other proprietary notices of MAM Canada. No other copying of this Site, in whole or in part, is permitted without the express written authorization of MAM Canada.
You agree that you may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of MAM Canada.
Third Party Content
If you are a healthcare professional and have registered as a healthcare professional on our Site, you may receive third party content from us, such as research studies produced by independent third parties (“Third Party Content”). MAM Canada makes no representations, warranties or conditions with respect to such Third Party Content and does not undertake to conduct any independent investigation of such Third Party Content. Any Third Party Content provided by MAM Canada does not mean, unless expressly stated otherwise, that MAM Canada endorses or agrees with such Third Party Content.
You understand that you have no proprietary rights in the Third Party Content and that the owners of such Third Party Content retain all proprietary right, title or interest, including copyright, patent, and other intellectual property rights, in their respective Third Party Content, unless as expressly authorized by the owner of such Third Party Content.
Product Information and Description
MAM Canada products (the “Products”) displayed on the Site are available in select stores in Canada and select markets outside of Canada while supplies last. In some cases, products displayed on the Site may not be available in all stores. MAM Canada strives to provide accurate descriptions of the Products displayed on the Site; however, any colors of Products will depend on your computer and any descriptions of our Products are approximate and are provided for convenience purposes only. If you purchase our Products in stores or if we provide you with samples of our Products, MAM Canada will make all reasonable efforts to contact you to make you aware of any product recalls and safety issues.
Use of Our Site
By using our Site, you may submit comments, suggestions or inquiries to MAM Canada (collectively, “User Content”).
By communicating with MAM Canada through the Site you represent and warrant that you shall not submit any User Content:
- that is known by you to be false, inaccurate or misleading;
- that may transmit any computer viruses, worms or other potentially damaging computer programs or files;
- that is libelous, defamatory, discriminatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any other person or entity;
- that promotes any illegal activity, or advocates, promotes or assists in any unlawful act;
- that is used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization, or otherwise be likely to deceive MAM Canada;
- that causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm or annoy MAM Canada; and
- that involves commercial activities or sales of any person or entity other than MAM Canada.
If you do not agree to these Terms, do not submit any comments, suggestions or inquiries to MAM Canada.
Links to Other Web Sites
The Site may contain links to other sites. All such other sites are independent from the Site and from MAM Canada and its affiliates. MAM Canada has no control over and expressly disclaims any liability for such sites or their contents. The provision of any link does not constitute an endorsement of such linked site by MAM Canada. Any transactions that take place between you and the third party are directly with the third party and MAM Canada shall not be held responsible for any loss or damage that you may incur as a consequence thereto. If you decide to access any of the third party websites linked to this site, you do so entirely at your own risk.
Disclaimer of Warranties/Limitation of Liability
Any information on our Site or provided to you by MAM Canada, including but not limited to, MAM Canada providing informational brochures and research results to healthcare professionals, is for informational purposes only and does not replace or substitute for any professional medical advice, naturopathic advice, scientific advice or any other advice.
From time to time, our Site may make available calendars and schedules such as pregnancy and fertility calendars, but MAM Canada cannot and does not guarantee or promise any positive results and benefits, including but not limited to, becoming pregnant using the fertility calendar.
MAM CANADA IS NOT RESPONSIBLE FOR UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS.
MAM CANADA HAS NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES AFFECTING YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE.
MAM CANADA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE COMPLETENESS, ACCURACY, AVAILABILITY, APPROPRIATENESS OR USEFULNESS OF OUR SITE FOR YOUR PURPOSES. FOR GREATER CLARITY, MAM CANADA DOES NOT REPRESENT OR WARRANT THAT (I) OUR SITE OR THE USE OF OUR SITE WILL BE UNINTERRUPTED, FUNCTIONAL, RELIABLE, ACCURATE, COMPLETE, SUITABLE, TIMELY, SECURE, TRUTHFUL, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) ANY DEFECTS IN OUR SITE WILL BE CORRECTED; (III) WE HAVE VERIFIED OR ENDORSED ANY THIRD PARTY CONTENT; (IV) ANY INFORMATION ON OUR SITE OR PROVIDED TO YOU BY MAM CANADA IS MEDICAL ADVICE OR IS USEFUL, PREDICTABLE, ACCURATE, BENEFICIAL OR ERROR-FREE; (V) ANY RESULTS OBTAINED BY YOU FROM USING OR RELYING ON OUR CALENDARS WILL BE POSITIVE, ACCURATE OR WILL MEET YOUR EXPECTATIONS OR BE SATISFACTORY; (VI) OUR ATTEMPTS TO CONTACT CONSUMERS REGARDING A PRODUCT RECALL WILL BE SUCCESSFUL; (VII) ANY PICTURES OR DESCRIPTIONS OF PRODUCTS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE OR ERROR-FREE; OR (VIII) THE QUALITY OF OUR SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. OUR SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND REPUTATION MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICES AT ANY TIME.
YOUR USE OF (OR INABILITY TO USE) THE SITE AND THE CONTENT IS AT YOUR OWN RISK. YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT OF ANY PROBLEM WITH YOUR USE IS TO CEASE USING THIS SITE. IN NO EVENT SHALL MAM CANADA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY ECONOMIC OR PERSONAL LOSS, EVEN IF MAM CANADA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE OR ANY OTHER SITE LINKED TO THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.
You agree to defend, indemnify and hold MAM Canada, and its officers, directors, employees and affiliates harmless from and against any and all claims, liability, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
Choice of Law and Venue
You agree that (a) all matters relating to your use of our Site will be governed by the laws of Ontario and the federal laws of Canada applicable to Ontario; (b) any dispute between us and you or any other person arising from, connected with or relating to this Site, these Terms or any related matters must be resolved before the Courts of Province of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter; (c) the United Nations Convention on Contracts for the International Sale of Goods will not apply; and (d) you are responsible for complying with all local laws.
Third-party trademarks, trade names, Product names and logos, contained in this Site may be the trademarks or registered trademarks of their respective owners.
Reporting Misuse and Other Concerns
If you become aware of any misuse of this Site, including copyright infringement, or libelous or defamatory conduct by any person, you must report it to MAM Canada. Please contact us at:
2700 Westchester Ave,
Purchase, NY, 10577
United States of America
Please send any concerns regarding our Products or Site to firstname.lastname@example.org.
This Agreement is effective unless and until terminated by either you or MAM Canada. You may terminate this Agreement at any time after which time you agree that you shall not access the Site. MAM Canada may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site.
These Terms constitute the entire agreement between you and MAM Canada regarding the specific matters herein. All prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms.
If any provision of these Terms are declared to be unenforceable by a court of competent jurisdiction, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such unenforceable provision(s) shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
Last Updated: 12/22/2015