TERMS & CONDITIONS

Terms and Conditions of Use

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF mimichemistry.com and .ca, WHICH IS PROVIDED BY Mimi Chemistry. BY ACCESSING mimichemistry.com and .ca, YOU AGREE TO THESE TERMS AND CONDITIONS, WITHOUT MODIFICATION, AND ACKNOWLEDGE READING THEM. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY Mimi Chemistry. AT ANY TIME IN ITS DISCRETION. YOUR USE OF mimichemistry.com and .ca AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS PRIOR TO EVERY USE FOR ANY CHANGES. IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, PLEASE DISCONTINUE USE OF mimichemistry.com and .ca.

Overview

The terms "we", "us", and "our" refers to Mimi Chemistry.. The term the "Site" refers to mimichemistry.com and ca. The term "user," "you" and "your" refers to site visitors, customers and any other users of the site. The term the "Service" refers to the services and/or products provided by Mimi Chemistry. via mimichemistry.com and .ca. The term the "Content" refers to information provided on the Site in any form, including graphics, artwork, photos, videos, audios, text, code, software or other material. The term "Submissions" refers to any graphics, artwork, photos, videos, audios, text, code, software or other material provided by you to Mimi Chemistry. via our Site, Service, or company email or regular mail.

Use of the Site and Service

TO ACCESS OR USE THE SITE, YOU MUST BE 18 YEARS OR OLDER AND HAVE THE NECESSARY POWER AND AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS. CHILDREN UNDER THE AGE OF 18 ARE PROHIBITED FROM USING THIS SITE. Content provided on the Site and in or related to the Service is subject to change. Mimi Chemistry makes no representation or warranty that the Content, regardless of its source, is accurate, complete, reliable, current or error-free. Mimi Chemistry disclaims all liability for any inaccuracy, unreliability, error or lack of timeliness or completeness in the Content. Content on this Site may be provided in written, video and/or audio format and is provided for the user's convenience for informational, educational and entertainment purposes only. Content on this Site is not intended to provide specific financial, tax, legal, physical or mental health or any other professional advice whatsoever to you, or any other individual or company, and should not be relied upon as such.

Site Licensee Status

You understand and agree that your use of the Site is limited and non-exclusive as an individual nontransferable revocable licensee. Mimi Chemistry may, within our sole discretion, terminate your license to use the Site, and access to the Site, for any reason or no reason whatsoever, and without giving you notice.

Account Creation

In order to use the Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Mimi Chemistry will always be current, correct and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

Restrictions On Use

You may use the Site and Service for lawful purposes only. You agree to use the Site and to purchase Service through the Site for legitimate purposes expressly permitted by this Site. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You may not use this site for any other purpose, including any commercial purpose, without Mimi Chemistry express prior written consent. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Refusal of Service

The Service is offered subject to our acceptance of your order or request for Service. We reserve the right to refuse service to any order, person or entity, without any obligation to explain our reason for doing so. An order is not deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order after payment has been processed, we will refund your money.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible so that we may correct the error.

Cancellations, Refunds & Returns

Product Description

Third Party Resources

The Site and the Service may contain links to third party websites and resources. These links are provided for your convenience. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Unless otherwise indicated by us, links to such websites or resources do not imply any endorsement by or affiliation with Mimi Chemistry. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Links to external websites may expire over time, a situation which we do not control. We do review our Site periodically for broken and out-of-date links, and we have the right to alter, remove or post links at any time. If you would like to report problems with links on our Site, please send an email to info@mimichemistry.com and .ca.

Material You Submit to the Site

Mimi Chimestry prohibits the uploading, posting or otherwise making available on the Site any artwork, photos, videos, audios, text or other submission of material (collectively "Submissions") protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission. You represent or warrant that you have the authority to use and distribute all Submissions submitted by you to the Site, as well as any Submissions sent via email to our email address or via mail to our mailing address, and that the use or display of the Submissions will not violate any laws, rules, regulations or rights of third parties.

Intellectual Property Rights to Your Submissions

We claim no intellectual property rights over your Submissions to Mimichimestry.com . You retain copyright and any other rights you may rightfully hold in any Submissions which you submit through the Site or Service or via company email or postal mail. Submissions to Mimi Chemistry remain yours to the extent that you have any legal claims therein. You agree to hold Mimi Chemistry . harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting Submissions on the Site or through the Service or submitting testimonials and other information to our email or postal address, you grant us a world wide, nonexclusive, royalty-free, perpetual, irrevocable license to use the Submissions for promotional, business development and marketing purposes.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

Mimi Chemistry respects the intellectual property of others, and we expect our Site users to do the same. Mimi Chemistry may, in appropriate circumstances and at its discretion, refuse Service and/or Site access to users who may be intentional or repeat copyright infringers. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, or if you are uncertain whether your material is protected by copyright laws, we suggest you contact an attorney knowledgeable in copyright law. If you do wish to file a notice of infringement related to our Site, please provide Mimi Chemistry the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf: 1. A detailed description of the copyrighted work or other intellectual property that you claim has been infringed, sufficient to identify the property; 2. A description of where the material that you claim is infringing is located on the Site, including the URL, the exact webpage, and a description of the specific material on the page which you claim is infringing on the copyright; 3. Your name, address, telephone number, and email address; 4. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner or as agent authorized to act on behalf of the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law." 5.The signature of the copyright owner or a person authorized to act on behalf of the copyright owner below the above statement. You may give the above notice to Mimi Chemistry's IP agent to the following email address: info@mimichemistry.com

Counternotification To Claimed Copyright Infringement

If a notice of copyright infringement has been filed with Mimi Chemistry implicating you, Mimi Chemistry will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter-notification with Mimi Chemistry. If Mimi Chemistry receives a valid counter-notification, the removed or blocked information will be restored or access re-enabled. The information will be restored in not less than 10, nor more than 14, business days following receipt of the counter notification, unless Mimi Chemistry first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this Site. If you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

Our Intellectual Property

The Site and Service contain intellectual property owned by Mimi Chemistry, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the mimichemistry.com and .ca name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the "look and feel." The entire Content of our Site is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content. We reserve the right to immediately remove you from the Service, without refund, or restrict you from access to the Site, if you are caught violating this intellectual property policy.

Material Connection, Good Faith Recommendations and Compensation

Unless otherwise expressly stated, you should assume that all references to products and services on mimichemistry.com and .ca are made because material connections exist between Mimi Chemistry and the vendor of the mentioned products and services ("Vendor"). Mimi Chemistry recommends products and services on mimichemistry.com and .ca based in part on a good faith belief that the purchase of such products or services will help our users. Mimi Chemistry has this good faith belief because (a) Mimi Chemistry has tried the product or service mentioned prior to recommending it or (b) Mimi Chemistry has researched the reputation of the Vendor and has made the decision to recommend the Vendor's products or services based on the Vendor's history of providing these or other products or services. The representations made by Mimi Chemistry about products and services reflect Mimi Chemistry's honest opinion based upon the facts known to Mimi Chemistry at the time a product or service is mentioned on mimichimestry.com and .ca. Mimi Chemistry's opinion about a product or service may be partially formed, whether knowingly or unknowingly, in part based on the fact that Mimi Chemistry has been compensated or will be compensated because of Mimi Chemistry's business relationships with the Vendor. The type of compensation Mimi Chemistryreceives may vary. In some situations, Mimi Chemistry may receive complimentary products, services, or money from a Vendor prior to mentioning the Vendor's products or services on mimichimestry.com and .ca. In other instances, Mimi Chemistry may receive a monetary commission or nonmonetary compensation when you take action based on the content of mimichemistry.com and .ca. This includes, but is not limited to, when you purchase a product or service from a Vendor after clicking on an affiliate link onmimichemistry.com and .ca. In some cases, Mimi Chemistry and a Vendor will have a business or personal relationship that does not involve the Mimi Chemistry receiving compensation related to products and services mentioned on mimichemistry.com and .ca. However, the nature of the relationship could be seen as sufficient to establish a material connection between Mimi Chemistryand the Vendor. Because there may be a material connection between Mimi Chemistry and Vendors of products or services mentioned on mimichemistry.com and .ca, you should always assume that Mimi Chemistry may be biased because of Mimi Chemistry's relationship with a Vendor and/or because Mimi Chemistry has received or will receive something of value from a Vendor. Therefore, it is in your own best interest for you to perform your own due diligence before purchasing a product or service mentioned on mimichemistry.com and .ca (or any other website).

Product Disclaimer

All information, products and services provided by Mimi Chemistryare for entertainment, educational and informational purposes only. The use of our information, products and services should be based on your own due diligence when making life stlye decisions, and you should consult qualified professional advisors for an independent analysis. You agree that we are not responsible for any losses or damages resulting from your use of any link, information, or opportunity contained within mimichemistry.com and .ca or within any information disclosed by Mimi Chemistry in any form whatsoever.

General Disclaimers And Limitations Of Liability

THE INFORMATION ON OUR SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. INFORMATION ON OUR SITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL Mimi Chemistry BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR SERVICE, YOUR SITE USE, OR THE SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, Mimi Chemistry IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (a) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (b) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (c) THIRD PARTY THEFT OF, DESTRUCTION, OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE ,GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS APPLIES EVEN IF Mimi Chemistry WAS ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN THE DAMAGES. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SITE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN OUR SITE WILL BE CORRECTED. IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. IN NO EVENT SHALL Mimi Chemistry'S CUMULATIVE LIABILITY TO YOU EXCEED ONE HUNDRED ($100) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys' fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of these Terms and Conditions of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

These Terms and Conditions of Use constitute the entire agreement between you and Mimi Chemistry pertaining to the Site and Service and supersedes any and all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Mimi Chemistryshall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Mimi Chemistry.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: info@mimichemistry.com

Governing Law; Venue; Arbitration

This Agreement shall be construed in accordance with, and governed by, the laws of the Province of Quebec as applied to contracts that are executed and performed entirely in Qc. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be County, Qc. Any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in County, Qc, Canada. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

Anti-Spam Policy

Mimi Chemistry does not endorse or tolerate unsolicited bulk or unsolicited commercial e-mail ("Spam") in any form. Users' information will not be used in any manner associated with the transmission, distribution or delivery of Spam, in accordance with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial email laws. Mimi Chemistry will use personal e-mail addresses only to provide company communication and services, and such communications will be sent only if users have subscribed to such communications. If users receive our communications and wish to be removed permanently from the mimichemistry.com and .ca mailing list, they may do so using the optout link provided in each communication from Mimi Chemistry, continuously inspects our marketing services for full compliance with our anti-spam policy, but if you feel you have received an unsolicited email, or if you have additional questions, comments or concerns concerning unsolicited email, please send an email to info@mimichemistry.com

Severability

If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.