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
* 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").
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.
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.
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.
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.
12. Disclaimer of warranties.
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.
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
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