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TERMS OF USE

We invite you to read the terms of use of this website, Carebymaka.com below. 

Terms of useLast update: December 2022


CAREBYMAKA.COM TERMS OF USE
Carebymaka.com (the "Website") is maintained and operated by MAKA or ("we", "us" or "MAKA").

Your access to and use of the Website is subject to the following terms of use (the "Terms of Use") and all applicable laws. By accessing or using any part of the website, you accept, without limitation or qualification, these terms and conditions. If you do not agree to the terms and conditions of this agreement, please do not use the website.

We reserve the right to modify these Terms of Service, in whole or in part, from time to time, at our sole discretion, and to notify you by any reasonable means, including posting on the website of the revised version of these Terms of Use. You can determine when these Terms of Service were last revised by referring to the "Last Updated" legend at the top of these Terms of Service page. If you are concerned about our Terms of Use, you should always check this page before using the Website. Your continued use of the Website following the posting of changes to the Terms of Service will signify your acceptance of those changes.

USE OF THE WEBSITE: 
This website is provided for your personal, non-commercial use only. Any other use of the website requires the prior written consent of MAKA. Products available on this website may be provided by third parties that are not affiliated with MAKA. All questions or inquiries regarding these products should be directed to the manufacturers of the products. Use of any information provided on the website is at your own risk. If you have any questions or concerns about medical or health matters, you should contact a healthcare professional.

PROPERTY RIGHTS:
MAKA is the exclusive owner of, or is authorized to use or provide access to, all portions of the Website, including all copies, software, graphics, designs and all copyrights, trademarks and other intellectual property rights or proprietary rights contained therein. Certain elements of the website belong to third parties who have authorized MAKA to display the material, such as branded material, customer logos and trademarks and other proprietary elements. Except as expressly provided in the Terms of Service, no license is granted to you and no rights are conferred on you by virtue of access to or use of the Website. All rights not granted under the terms of use are reserved by MAKA You may not copy, modify, transmit or make derivative works based on the content of this website.

USER NAMES AND PASSWORDS:
You may be required to register with MAKA in order to purchase products or use other website features. In connection with such registration, we may refuse to grant to you, and you may not use, a username or email address that belongs to another person or is already in use by another person; which can be construed as impersonating another person; that infringes the intellectual property or other rights of any person; who is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your password or username, or lend or otherwise transfer your use or your access to the Website to a third party. You are solely responsible for all transactions (including any information transmitted as part of any transaction) and other interactions with the Website that occur in connection with your username. You agree to immediately notify MAKA of any unauthorized use of your password or username or any other breach of security related to your account, username or the Website, and to ensure that "log out" and exit your account with the Website (if applicable) at the end of each session. We are not liable for any loss or damage arising from your breach of any of the above obligations.

UNAUTHORIZED USE:
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute the Content available on the Website. You may not take any action to interfere with or disrupt the Website or any other user's use of the Website, including, without limitation, by overloading, "flooding", "mailbombing" or "crashing" the Website , circumventing security or user authentication measures or attempting to exceed the limited permissions and access granted to you hereunder. You may not frame parts of the Website within another website or establish links from any other website to any page of the Website other than the home page. You may not resell use of or access to the Website to any third party without our prior written consent.
You agree not to post, transmit or otherwise make available through or in connection with the Us website.

FORUMS AND SUBMISSIONS: 
MAKA may offer features through the Website that allow you to post information and materials publicly, for example, message boards, chat rooms and similar forums (collectively referred to herein as "Forums"). All rules of conduct described in the Unauthorized Use provision above apply to the Forums. Further, without MAKA's express prior written consent, you may not use the Forums for any commercial purpose, including the promotion or advertising of goods, services, or opportunities, and you may not use the Forums to solicit other visitors or users of the MAKA website to visit or become members of any commercial online service or other organization.
When you submit or otherwise make available information or materials through the Forums or otherwise through the Website ("Submissions"), you acknowledge and agree that such Submissions will be non-proprietary and non-confidential, may be made available to the general public and that they may be used by MAKA without restriction. You grant MAKA the worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable right and license by tier, without compensation to you, to use, reproduce, distribute (by tier), adapt (including without limitation edit, modify, translate and reformat), create derivative works, transmit, publicly display, perform in public, perform digitally, do, have done, sell, offer for sale and import any Submissions, in any media known or developed later, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all necessary rights to grant the licenses granted in this section with respect to each Submission, and that the Submissions you provide through the Forums or otherwise through the Website comply with the applicable laws, rules and regulations. Further, you irrevocably waive any "moral rights" or other rights relating to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or legal theory. .

We reserve the right, in our sole discretion, to edit any Submission and to choose whether or not to include such Submission in the Forums or otherwise on the Website. The forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including its accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other material made 
available by third parties through the Forums or otherwise through the Website are those of such third parties and not of MAKA, and MAKA does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Website at any time if we believe removal is warranted. Withdrawal or modification of a Submission or other materials may not occur immediately.

You acknowledge and agree that MAKA has no control over, and will have no liability for any damages resulting from, the use (including without limitation republication) or misuse by a third party of information voluntarily made public. through the forums or any other part of the website. IF YOU CHOOSE TO MAKE YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE ON THE FORUMS OR OTHERWISE ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

PRODUCT OFFERS: 
MAKA reserves the right, with or without notice, (a) to modify product or service descriptions, images and references; (b) limit the available quantity of any product or service; (c) honor, or impose conditions on the honor, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) prevent or prohibit any user or customer from making any transaction; and/or (e) refuse to supply any user or customer with any product or service. The price and availability of any product or service offered through the Website are subject to change without notice, and MAKA shall not be liable for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to MAKA's refund policies then in effect. You agree to pay all charges which may be incurred by you or on your behalf through the Website, at the price(s) in effect at the time such charges are incurred, including, without limitation, all shipping and handling. In addition, you remain responsible for any taxes that may apply to your purchases.

REVIEW SYSTEM
We reserve the right to reject any review for any reason. Ratings are for product performance only and comments relating to customer service, delivery and other matters are not acceptable.

NO WARRANTY:
Although MAKA uses reasonable efforts to include up-to-date information on the Website, MAKA makes no warranties or representations as to its accuracy or completeness. MAKA assumes no responsibility for any errors or omissions in the content of the website. You use the website at your own risk. THE WEBSITE, INCLUDING ALL CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMITTED BY LAW, MAKA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FOR THE CONTENT OF THE WEBSITE OR THE PRODUCTS AVAILABLE ON THE WEBSITE. IN ADDITION, MAKA DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAKA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN 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 ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. MAKA IS NOT RESPONSIBLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR PRODUCTS AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT SHALL MAKA BE LIABLE UNDER ANY TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOSS OF DATA, MISSED OPPORTUNITY, COVER COSTS, EXEMPLARY DAMAGES , PUNITIVE, PERSONAL INJURY OR DEATH, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, EACH BEING HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, WHETHER OR NOT ONE OF THE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAKA SHALL NOT BE RESPONSIBLE FOR DIRECT DAMAGES EXCEEDING THE AMOUNT PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

LIMITATION OF LIABILITY:
IN NO EVENT WILL MAKA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF MAKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. MAKA IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR ANY MATERIALS OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED. MAKA IS NOT RESPONSIBLE FOR THE THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY VIOLATION BY ANY THIRD PARTY OF ANY OTHER PARTY'S INTELLECTUAL PROPERTY, PRIVACY, OR OTHER RIGHTS PART. UNDER NO CIRCUMSTANCES SHALL MAKA BE ENTIRELY RESPONSIBLE TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF 
ANY ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE EXCEEDS THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR USE THE WEBSITE.

DISPATCH :
Our shipping terms for new orders may change at any time.


APPLICABLE RIGHT ; PLACE OF JURISDICTION:
By using the Website, you agree that applicable federal laws and the laws of the State of Quebec, without regard to its principles of conflicts of laws, will govern the Terms of Use. You agree that any dispute or claim arising out of or relating to this Agreement may be settled only by the courts located in Quebec, Canada, and you hereby consent to submit to the jurisdiction of such courts for the purposes of such dispute or claim.

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