TERMS OF SERVICE

Last Updated on May 4th, 2021

Welcome to Mamma Bee Well and our Terms of Service. These Terms of Service are important and affect your legal rights, so please read them carefully. We know it is tempting to skip these Terms of Service, but just as we are transparent and thoughtful in the design of our products, so too do we believe it is important to be transparent and thoughtful about what you can expect from us as you use our services, and what we can expect from you. Understanding the Terms of Service is important because, by using our services, you are agreeing to these terms.

These Terms of Service describe your rights and responsibilities when using Mamma Bee Well. and all of its subsidiaries, successors in interest, and assigns (collectively, “Mamma Bee Well”), and www.mammabeewell.com, all related websites, products, services, and related mobile applications (“Mamma’s Services”), and all related websites, products, services, and mobile applications, together with Mamma Bee Well Services, the “Site”, “We”, or “Us”). For the purposes of the Terms of Service, references to “Mamma Bee Well”, the “Site”, “We”, and “Us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us.

These Terms of Service constitute a legal agreement between the Site’s customers (“You”) and the Site. By accessing or using the Site, you agree to be bound by the terms and conditions contained in these Terms of Service and all other operating rules, policies, and procedures that we may publish from time to time on the Site, including our Privacy Policy, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Your acceptance of the Terms of Service is indicated by Your continued use of the Site. Please read everything here carefully, and be sure to contact us if You have any questions.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT (Section 21), WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION. BY USING THIS SITE YOU WILL BE BOUND TO ARBITATE ANY DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED BELOW (Section 20.11). BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1. Eligibility

You agree that by using this Site or registering for membership, you are at least 18 years of age if you are a resident of the United States or otherwise the age of majority in your jurisdiction of residence, or visiting under the supervision and consent of a parent or guardian, and legally able to enter into a contract. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

2. Modifications

We reserve the right, at our sole discretion, to change or modify portions of the Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date the Terms of Service was last revised. You may read a current, effective copy of the Terms of Service at any time by selecting the “Terms of Service” link on the Site. Your continued use of the Site or services after any such changes constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Terms of Service, do not use or access (or continue to use or access) the Site.

3. Site

We grant you a limited license to access and use the Site for your personal use, and to copy, distribute, transmit and print the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools.

Mamma Bee Well grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print content retrieved from Mamma Bee Well Services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the content.

Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mamma Bee Well. You may not use any meta tags or any other “hidden text” utilizing Mamma Bee Well’s name or trademarks without the express written consent of Mamma Bee Well. Any unauthorized use terminates the permission or license granted by Mamma Bee Well.

We reserve the right to change any information, features, and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts, and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights, or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.

4. Restrictions on Use of Mamma Bee Well Services

Your use of Mamma Bee Well Services and the related licenses granted hereunder are conditioned upon you not doing any of the following in connection with using Mamma Bee Well Services:

    •    Taking any action that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);

    •    Accessing, tampering with, or using non-public areas of Mamma Bee Well Services, computer systems, or the technical delivery systems of Mamma Bee Well Services providers; 

    •    Attempting to decipher, decompile, disassemble or reverse engineer, avoid, bypass, remove, deactivate, impair, descramble probe, scan, test, breach or otherwise circumvent any technological or security measure implemented by Mamma Bee Well Services, Mamma Bee Well Services providers, or any other third party (including another user) to protect or provide Mamma Bee Well Services;

    •    Attempting to access or search Mamma Bee Well Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search Mamma Bee Well Services through software and/or search agents provided by Mamma Bee Well Services or other generally available third party web browsers;

    •    Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered or deceptive information;

    •    Interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, junk mailing, unauthorized advertising or any form of solicitation via Mamma Bee Well Services;

    •    Collecting or storing any personally identifiable information from Mamma Bee Well Services from other users of Mamma Bee Well Services without their express prior permission;

    •    Impersonating or misrepresenting your affiliation with any person or entity;

    •    Contacting, stalking, or harassing anyone through Mamma Bee Well Services who has asked not to be contacted

Mamma Bee Well will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues, to the fullest extent of the law. Mamma Bee Well may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Mamma Bee Well has no obligation to monitor your access to or use of Mamma Bee Well Services or to review or edit any content you post or share to Mamma Bee Well Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

5. Using Mamma Bee Well Services

Notwithstanding anything to the contrary contained in these Terms of Service, You agree that if you continue to use Mamma Bee Well Services after May 4, 2018, you are accepting these  Services on an “AS IS” and “AS AVAILABLE” basis, regardless of anything to the contrary stated anywhere else. Mamma Bee Well, Mamma Apps and its affiliates disclaim all warranties or conditions of any kind, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose.”

6. Guidelines for Using Mamma Bee Well Services

Your use of Mamma Bee Well Services and the related licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines detailed on Mamma Bee Well Services. We may modify such guidelines at our sole discretion at any time. We reserve the right to terminate your account and access to Mamma Bee Well Services if it is determined that you have violated any such applicable guidelines.

7. Registration and Membership

To register and become a member of our Site, complete the registration form by providing information such as your valid email address and creating a password to register your profile. You may also login or create an account using Facebook. If at any time you no longer want to access the Site via Facebook, please go to your Facebook permissions in your personal profile and edit your preferences. Facebook is considered a third party site per the definition outlined in this agreement.

Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and Mamma Bee Well has no obligation to investigate the authorization or source of any such access or use of the Site.

As a registered member of Mamma Bee Well Services in the United States, your email address and password can be used to log into Mamma Bee Well Services.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

At the time of your first order on Mamma Bee Well Services, we will request your shipping and payment information. Where permitted by applicable law, you agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Service.

To cancel any of your subscriptions, you can do so online at any time (in your account settings) or contact us on our website https://mammabeewell.com/support.

As a registered member of the Site, we may send you emails promoting any special offer(s), including third party offers, as well as monthly newsletters, unless you opt-out at any time either in your account settings, by using unsubscribe buttons in emails you receive from us or by emailing us at [email protected] indicating that you would like to unsubscribe from marketing emails.

8. Subscription Process on Mamma Bee Well Services

You may purchase a subscription offered by Mamma Bee Well, subject to the terms below:

8.1 SUBSCRIPTIONS

If you do not update your subscription selections for any given shipment, we will automatically send you the selections from your previous shipment.  

Subscriptions continue until you cancel. We will charge the subscription price plus applicable taxes and shipping & handling to your default payment method when we ship your first subscription order. You will continue to be charged the subscription price plus applicable taxes and shipping charges at the time of each shipment for all subsequent orders until you choose to cancel. Subscriptions will be shipped at the interval you chose when placing your first subscription order unless you change the shipping frequency of your subscription.

You may cancel your subscription(s) at any time. To cancel your subscription(s), you can do so online at any time (in your account settings) or by contacting us on our website. Please note subscriptions cannot be cancelled via email, Facebook or other forms of social media. No refunds given after products are shipped.

9. Billing and Payments on Mamma Bee Well Services

We accept the following bank or credit cards: Visa, MasterCard, American Express, Discover and PayPal. For your convenience, we will save your bank or credit card information.

You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will replace products and credit your account at our discretion.

All Canadian sales occur in the US. The risk of loss and title for items purchased by Canadian customers passes to you upon our delivery of the items to the carrier, which occurs in the US. The carrier acts on behalf of the Canadian customer to deliver the purchased items into Canada. Canadian customers are responsible for all applicable sales, retail, commodities, goods and services, harmonized, excise, VAT, indirect taxes and like taxes, fuel surcharges and all other taxes, duties, customs, levies, fees, charges, retributions, import and export taxes and charges, liabilities and/or other rights assessed or levied or to be assessed or levied in the future by any competent public, government, legal, taxation, customs agency, department or other federal, provincial, state, municipal or local authority.

10. Returns

Returns are accepted within 30 days of your order date for orders placed on Mammabeewell.com and shipping within the contiguous United States. After we receive your returned items, we will process your refund onto your original form of payment. Original shipping and handling fees and “Duties & Taxes Reimbursements” will not be refunded. Please allow 5-10 business days from receipt of your returned item(s) for your refund to post. Please note that all sales to Canada, Hawaii, Alaska and APO/FPO addresses are final. For more information on returns, refunds, and exchanges, please review the policies below. If you would like to exchange or return a product, please contact Mamma Bee Well Support page on our website https://mammabeewell.com/support. For more information on returns please go to our Return Policy page. 

11. Warranty Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MAMMA BEE WELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAMMA BEE WELL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAMMA BEE WELL DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER NEW JERSEY LAW.

12. Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

MAMMA BEE WELL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF MAMMA BEE WELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER NEW JERSEY LAW.

13. Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.

14. Copyright

The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code is copyrighted under the United States, Canada and other copyright laws, and is the property of Mamma Bee Well and protected by copyright and other intellectual property or proprietary rights. The work includes works that are licensed to Mamma Bee Well. © 2020-2021 Mamma Bee Well, Inc. All rights reserved.

15. Trademarks

All trademarks, service marks and trade names of Mamma Bee Well on the Site are trademarks or registered trademarks of Mamma Bee Well or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.

16. Indemnification

You agree to indemnify, defend and hold harmless Mamma Bee Well, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your identification or password.

17. Privacy

Registration data and other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmission of your personal data over various networks; and (b) changes to your personal information in order to conform and adapt to technical requirements of connecting networks or devices. For more information, see our Privacy Policy at https://mammabeewell.com/privacy-policy/.

18. Third-Party Links and Sites

This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Mamma Bee Well. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

19. Submissions

19.1 UNSOLICITED SUBMISSIONS

We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Mamma Bee Well’s professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any original creative ideas, suggestions or materials of any kind, including show designs, photographs, drawings or original artwork. If you send us creative ideas, suggestions or materials of any kind despite our request not to do so (an “unsolicited submission”), you acknowledge and agree that we may treat the unsolicited submission to be non-confidential and non-proprietary in each instance and in all respects.  All unsolicited submissions made by you shall be the sole property of Mamma Bee Well and will not be acknowledged or returned.

19.2 REQUESTED SUBMISSIONS

From time to time, we may solicit creative ideas, suggestions or materials from users of our Site. If you at any time send, provide us with or post creative ideas, suggestions or any other materials in response to our request (each, a “requested submission”), you acknowledge and agree that we may treat the requested submission as non-confidential and non-proprietary in each instance and in all respects.

19.3 SHARED SUBMISSIONS

Submissions may also be provided in the form of opinions and views posted to community pages, chat rooms, blogs, bulletin boards, or discussion forums by persons who use (“User”) the Site (“shared submission”, together with unsolicited submission and requested submission, “submissions”).  You are responsible for all submissions you provide to the Site, and you represent that you have all necessary permission to submit, post and otherwise make available such submissions. Mamma Bee Well makes no claims to ownership of shared submissions and you shall continue to retain all ownership rights in your shared submissions and the right to use your shared submissions as you see fit.

19.4 OTHER RIGHTS AND GUIDELINES REGARDING YOUR SUBMISSIONS

You agree that we have no obligation of confidence to you with respect to any submission and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, personalization, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.

You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy.

You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials.

You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

While Mamma Bee Well strives to keep our content accurate, complete, and up-to-date, we cannot and do not guarantee or endorse, and are not responsible for the accuracy, completeness, reliability or timeliness of any content, whether provided by Mamma Bee Well or by Users.  Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Mamma Bee Well. Mamma Bee Well does not have any obligation to prescreen, edit, or remove any submissions provided by Users that are posted on or available through the Site.

20. Notice Regarding Medical Advice

THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR OTHER PROFESSIONAL SERVICES OR ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Our Commitment to Accessibility

Mamma Bee Well is committed to diversity, inclusion and accessibility, for more details please visit our Web Accessibility page.

21. ARBITRATION

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Here at Mamma Bee Well, we are committed to customer satisfaction. Part of that commitment is ensuring in a fair, effective and cost-efficient manner. Most of the time that you have a concern, that concern can be resolved quickly and to your satisfaction if you will first give us an opportunity to resolve your problem or dispute.

Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to Us including, but not limited to, information or representations related to our products and upon which you rely. You may seek to resolve any customer concerns through our Mamma Bee Well Support services page on our website https://mammabeewell.com/support ; Attn: General Counsel. You agree to negotiate with Us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, You agree to the dispute resolution provisions below.

These Terms of Service provide that disputes may be resolved in binding arbitration or small claims court. Our arbitration agreement for U.S. disputes, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible.

21.1 Arbitration Agreement: United States Only

By agreeing to the Terms of Service, You agree that You are required to resolve any claim that You may have against the Site on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude You from bringing any class, collective, or representative action against the Site, and also preclude You from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Site by someone else. You and the Site agree that any dispute or claim relating in any way to your use of the Site, to your purchase or use of any the Site’s product, or to your participation in the membership program, will be resolved by binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This includes, but is not limited to, any dispute, claims, or controversy arising out of or relating to any part of the Terms of Service, or the existence, breach, termination, enforcement, interpretation or validity thereof; or (b) your access to or use of the Site’s services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address (or such other location as You and the Site mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this agreement.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms of Service are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms of Service as a court would.

No Class Actions: You and the Site each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and the Site agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Notwithstanding the foregoing, either party may bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights.

21.2 Rules and Governing Law

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Service.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York, without regard to its conflict of laws provisions.

21.3 Arbitration Process

You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses and phone numbers of the parties involved (you and Mamma Bee Well, in most cases); (b) a description of the dispute; (c) and a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website. Or you may contact the AAA at 800-778-7879.

Complete the Demand for Arbitration and make at least four (4) copies. Keep one copy for your records. Send one copy to Us by certified mail at General Counsel, Notice of Dispute, Mamma Bee Well, 3380 Sheridan Dr. Suite 279, Amherst, NY (“Notice Address”).

Send the final two copies of the Demand for Arbitration to the AAA. Please be sure to include (1) a copy of the Site’s arbitration provision (you may obtain a copy from our website); and (2) the appropriate JAMS filing fee. We’ll promptly reimburse you this amount when we receive a copy of your Demand for Arbitration if your claims are for less than $75,000. If you’re unable to pay the AAA filing fee, please inform us by writing a letter to the above address and we’ll arrange to pay it directly if your claims are for less than $75,000. The filing fee is currently $200, but the AAA may change the amount of the fee. You may obtain the amount of the fee by consulting the AAA’s rules. Those rules may be obtained by visiting the Consumer section on AAA’s website, or by calling the AAA at 800.778.7879.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.

21.4 Arbitrator’s Decision

Within 14 days from the conclusion of the in-person or telephone hearing or from the submission of all written evidence to the arbitrator, the arbitrator will render a written decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties.

You and We agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by or on behalf of any other person or entity in any later arbitration, litigation, or proceeding of any dispute or claim involving Mamma Bee Well. You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.

21.5 Alternative Payment

If, after finding in your favor in any respect on the merits of your claim, the Arbitrator issues you an award that is greater than the value of Mamma Bee Well’s last written settlement offer made before an arbitrator was selected, then we will:

    •    pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and

    •    pay your attorney, if any, the amount of reasonable attorneys’ fees, and reimburse any expenses (including reasonable expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing and pursuing your claim in arbitration (the “attorneys’ fees”).

If We didn’t make a written offer to settle the dispute, You will be entitled to receive this alternative payment if the arbitrator awards You any relief at all on the merits.

21.6 Attorney’s Fees

Even if you are not entitled to this alternative payment We will reimburse You for your reasonable attorneys’ fees and expenses if it is required to do so under applicable law. And, We won’t attempt to collect from You the attorneys’ fees We incur in arbitration even when permitted to do so under applicable law, except as permitted in the event of a frivolous case.

21.7 Arbitration Costs in Frivolous Cases

Except as otherwise provided for herein, we will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. For frivolous cases in which your demand is $10,000 or less, your share of the costs is currently limited to $200, though the AAA may change that amount.

21.8 Arbitration Costs for Claims Exceeding $75,000

In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

21.9 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

21.10 Arbitration Agreement: Canada

In Canada, if a dispute is not resolved through our Mamma Bee Well Support Services, the parties involved in the dispute may agree to resolve the dispute using final and binding arbitration. If the parties elect to use arbitration, claims shall be referred to the ADR Institute of Canada. For a copy of the procedure to file a claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.

21.11 Opt-Out Procedure Applicable To All Consumers

You can decline this agreement to arbitrate by emailing Us at [email protected] and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms of Service; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Service. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept these Terms of Service.

21.12 Severability, survival and waiver

If any portion of the Terms of Service are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

The failure of Mamma Bee Well to assert a right under these Terms of Service or insist upon compliance with any term or condition of these terms shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by You.

22. Termination

These Terms of Service are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Warranty, Disclaimer, Limitation of Liability, Privacy, Submissions, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.

23. Gift Card Terms & Conditions for The Mamma Bee Well Services

23.1 Overall Policies

Mamma Bee Well gift cards and their use on Mamma Bee Well.com are subject to Mamma Bee Well’s Terms of Service and Privacy Policy.

23.2 Purchase

Gift cards are available in any denomination between $10.00-$1000.00 USD. The amount of the gift card that you purchase will be charged to your bank or credit card upon your confirmation and submission of the order.

23.3 Redemption

To make a purchase with an Mamma Bee Well gift card, the gift card holder must visit https://mammabeewell.com to redeem the gift card toward the purchase of eligible products from Mamma Bee Well. Each purchase amount will be deducted from the gift card total credit balance until that balance equals zero. If an order exceeds the amount of total available credit on the gift card, the remaining balance must be paid with another form of payment.

23.4 Expiration

Your Mamma Bee Well gift cards have no expiration date.

23.5 Limitations

Gift cards cannot be used to purchase other Mamma Bee Well gift cards and they cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, unless otherwise required by law.

23.6 Refunds

Gift card purchases cannot be refunded. Purchases of items from mammabeewell.com can be returned pursuant to our return policies set forth in this policy and elsewhere.

23.7 Risk of Loss

We are not responsible if a gift card is misplaced, lost, stolen, destroyed or used without your permission, and we have no obligation to replace a gift card under such circumstances.

23.8 Fraud

Mamma Bee Well reserves the right to close member accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed and/or used to make purchases on Mammabeewell.com website or mobile application.

23.9 Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

MAMMA BEE WELL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER NEW JERSEY LAW.

23.10 Contact Information

For questions about Mamma Bee Well gift cards, please contact Mamma Bee Well Support on our website https://mammabeewell.com/support.