TERMS & CONDITIONS
TERMS OF USE AGREEMENT
The following terms of use (the "Terms of Use") contain the terms and conditions applicable to you and your access to and use of the website, the policies, conditions, notices stated in the website and the information, tools, products and services made available on the website, if applicable (collectively, the "Website"). The Website is operated by Memorable Authentic Inc. a Quebec Corporation (hereafter refer to as: "Memorable Authentic," "we", "us", or "our").
Your use of the Website (and any other feature, content or application offered by the Website) is at all times subject to these Terms of Use, as the same may be modified by us, at our sole discretion and by all applicable laws, rules and regulations. Please read these Terms of Use carefully.
1. Acceptance
By accessing or using any part of our Website and/or purchasing a service or product from us, you agree to be bound by the following Terms of Use. If you do not agree to all the Terms of Use of this agreement, then you may not access and use the Website. These Terms of Use apply to all users of the Website, including without limitation to users who are browsers, vendors, customers, merchants, and/or contributors of content.
We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Website. It is the responsibility of the user to check this page periodically for changes. Your continued use of, or access to, the Website following the posting of any changes constitutes acceptance of those changes.
2. Eligibility
By accessing and using the Website and the services provided, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are of legal age in your country, province or state of residence; and (d) your use of the Website does not violate any applicable law, rule or regulation.
The content and information posted by us on the Website may be used by you only for informational, personal or other purposes authorized by us. We reserve the right to refuse service to anyone for any reason at any time.
3. Prohibited use of the Website
You may not use the Website for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms of Use may immediately and automatically terminate your right to use and access the Website and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Website. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Website include, but are not limited to:
* Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, on the Website without express written permission by us;
* Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website including the services or products without express written permission by us;
* Submitting false or misleading information;
* Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
* Using a framing or similar technique without express written permission by us;
* Creating or maintaining any link from another website to any page on the Website without our prior written permission;
* Using of the Website for any obscene or immoral purpose;
* Criminal or tortious activity, including fraud, spamming, spimming (spam by instant messages), sending of viruses, bugs, malware or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
* Covering or obscuring the banner advertisements on the Website;
* Any automated use of any system, such as using scripts to alter content;
Interfering with, disrupting, or burdening the Website or the networks, systems or services connected to the Website;
* Using any automated system or software to extract data from the Website for commercial purposes (including "screen scraping");
* Attempting to impersonate another user or person at checkout or otherwise;
* Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;
* Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on the Website;
* Using the Website for any harassing, threatening, libellous, abusive, obscene or privacy-invading purposes; or
* Using the Website in a manner inconsistent with any applicable law, rule or regulation.
4. Other sources of terms and conditions
In order to participate in or use certain other services, programs (including any customer rewards, loyalty program or wholesale program), promotions, discounts, vouchers or coupons that may be run from time to time with respect to the Website ("Offers"), you may be required to agree to additional or different terms and conditions ("Offer Terms").
If there is a conflict between these Terms of Use and any Offer Terms, the Offer Terms shall control and the non-conflicting provisions in these Terms of Use will continue to apply. For example, if you seek to redeem a coupon code on the Website, your redemption of the coupon code is subject to the specific Offer Terms applicable to that code and to the non-conflicting provisions of these Terms of Use. If an Offer does not contain Offer Terms, then only these Terms of Use apply.
Under these Terms of Use, unless otherwise prohibited by law, any Offer: (a) applies to in-stock merchandise only and not to gift cards or services; (b) is not valid for cash or cash equivalents; (c) is limited to one Offer per person; (d) must be entered at checkout and/or in your account to be redeemed; (e) may not be combined with any other coupons or offers; (f) may only be used once; (g) expires on the date specified in the Offer, or, if none, the later of two years from the date of issue or the date required by applicable law, and (h) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, or any value-added service. In addition, some Offers may be in the form of a voucher or coupon. If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period.
We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order. By using or participating in an Offer, you indicate your acceptance of all applicable terms and conditions, including these Terms of Use and the Offer Terms, if applicable. Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer.
5. Links to other websites
The Website may provide you with links or other access to other websites, services, products or content of third parties ("Third-Party Sites"). Memorable Authentic doesn’t endorse, monitor or have any control over these Third-Party Sites.
You acknowledge and agree that we provide access to such Third-Party Sites “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party Sites. You acknowledge and agree that you access such Third-Party Sites at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend that you read the terms of use and privacy policies of each Third-Party Site that you access.
6. Products and Services
The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available at any particular time. Certain products or services may be available exclusively online through the Website. Products or services included on the Website may be unavailable may have different attributes than those listed, or may actually carry a different price than that stated on the Website. The products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right to limit the quantities of any products or services that we offer. The descriptions of products and services and the prices for our products and services are subject to change at any time without notice, at our sole discretion. We cannot guarantee any color or texture, or detail of our products will be accurate. We reserve the right at any time to modify or discontinue a service or a product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a service or product.
In no event will anything contained in these Terms of Use or any area of the Website be construed as a representation or guarantee with respect to any content, services or products. We do not guarantee the accuracy, completeness, or usefulness of any descriptions or other content. We do not warrant the quality of any products, services, information, or other materials purchased or obtained by you, or that any errors in the service or product will be corrected. Further, we do not endorse, and are not responsible for, the accuracy and reliability of any opinion or statement made on the Website by any third party, including but not limited to, customers or manufacturers, distributors or suppliers of products and services sold through the Website. We assume no responsibility or obligation to modify or remove any inaccurate content.
7. Orders
We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, including after it is submitted. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. By placing an order, you represent that the products ordered will be used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law.
You agree to provide current, complete and accurate account information for all purchases made at our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return and Exchange Policy.
8. Ownership
All content of the Website (including, without limitation, text, graphics, icons, images, clips and software) (the "Website Content") is protected by copyright, trademark, and other laws. Such Website Content is intended solely for personal, non-commercial (other than for the purchase of merchandise from our Website) use by the users of the Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any use. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Website Content, the Website, or any related software. Names, logos, taglines, icons and marks on the Website are the exclusive property of Memorable Authentic all rights reserved. Unless otherwise indicated, all other intellectual property appearing on the Website is the property of its respective owner. We reserve all rights in and to the Website, the Website's Content, services and products.
9. Accounts
Your submission of personal information through your account is governed by our Privacy Policy. [Click here to view our Privacy Policy.] In addition to any right or remedy that may be available to us under these Terms of Use or under applicable law, we may limit, suspend, or terminate your access to the Website or other platforms (including, without limitation, your account, at any time, with or without notice, and with or without cause. We also may refer any information on illegal activities, including your identity, to the proper authorities.
10. Term
These Terms of Use shall remain in full force and effect while you use or access the Website or have an account with the Website.
We reserve the right to terminate these Terms of Use at our sole discretion without any reason and notice. We may also terminate these Terms of Use if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use. If we terminate these Term of Use, you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services or products (or any part thereof).
11. Indemnification
You agree to indemnify, defend and hold harmless Memorable Authentic and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website in violation of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party (including, without limitation, any breach of your representations and warranties set forth herein).
12. Disclaimer of warranties.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE WEBSITE, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE, ITS CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE WEBSITE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
IN NO CASE SHALL MEMORABLE AUTHENTIC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE WEBSITE OR ANY PRODUCTS OR SERVICES PROCURED USING THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT (OR PRODUCTS OR SERVICES) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OR DAMAGES WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (I) THE PURCHASE PRICE FOR THE PRODUCT AT ISSUE, IF APPLICABLE; OR (II) $10.00.
13. Entirety
The provisions of the Term of Use constitute the entire agreement between Memorable Authentic and its successors, assigns as well as related persons, and you and your heirs, executors, administrators, successors, permitted assigns as well as personal representatives. If any provision of the Term of Use is held to be unenforceable or invalid, this provision will be limited to the strict minimum necessary or eliminated so that the Term of Use remain fully valid, in force and enforceable. Any ambiguity regarding the interpretation of the Term of Use should not be interpreted against us. You cannot assign the Term of Use or the rights and obligations they confer to you without our express written consent. We may assign the Term of Use and the rights and obligations they confer to us without any notice. Any failure on our part to exercise or apply any right or any provision of the Term of Use shall not be deemed or interpreted as a waiver of this right or this provision.
14. Applicable Law and Dispute Resolution
The Term of Use shall in all respects be governed by and interpreted in accordance with the laws of the Province of Quebec, Canada, and the laws of Canada applicable therein.
15. Changes in the Term of Use
You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the purchase of the products or services provided on the Website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
16. Contact information
If you have any questions regarding the Term of Use, please contact us at the following link: https://memorableauthentic.com/pages/contact-us.
LAST UPDATED ON: July 14th, 2021