Terms of Services
Terms and Conditions of Merci Maman LLC
Last Updated: April 2, 2022
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY ASPECT OF THE Merci Maman® OFFERINGS.
- User’s Acknowledgment and Acceptance of Terms
You agree to be bound by the following Terms and Conditions of Merci Maman LLC (d/b/a Merci Maman) (“Terms and Conditions”), in their entirety, when you: (a) access or use the mercimaman.store website or any other online Merci Maman platform (collectively, the “Site”); (b) use the SMS Service (defined below); (c) access and/or view any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Content”); (d) sign up to receive the Merci Maman meal delivery service (the “Merci Maman Subscription Service”), and/or any other products or services offered by Merci Maman from time to time (collectively, with the Merci Maman Subscription Service, the “Merci Maman Service”); (e) purchase or otherwise redeem or sign up to receive or send Merci Maman gift cards or gift certificates (including for all purposes of this Agreement electronic gift cards or certificates) (collectively, “Gift Cards”) or Trial Offers (as defined in Section 3(g)) ; (f) access links to Merci Maman’s social media pages/accounts on third-party social media websites or mobile or other platforms, such as Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media Pages”); (g) enter one of the sweepstakes, contests and/or other promotions offered or conducted by Merci Maman from time-to-time (collectively, “Promotions”); and/or (h) utilize the many interactive features of the Site designed to facilitate interaction between you, Merci Maman and other users of the Site and App, respectively, including, but not limited to, blogs and associated comment sections located in designated areas of the Site, as applicable (collectively, the “Interactive Services” and together with the Site, Content, Merci Maman Service, Gift Cards, Trial Offers, Social Media Pages and Promotions, the “Merci Maman Offerings”). The Merci Maman Offerings are owned and operated by Merci Maman LLC d/b/a Merci Maman (“Merci Maman,” “we,” “our” or “us”).
IMPORTANT: BY USING THE MERCI MAMAN OFFERINGS, YOU AGREE TO RESOLVE ALL DISPUTES WITH MERCI MAMAN THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. THE EXCEPTIONS AND WAIVERS ARE DETAILED IN SECTION 14.
Blog posts and other Content on the Site may contain recipes, meal recommendations, dietary advice (collectively, the “Dietary Advice”) and the food products delivered in connection with the Merci Maman Service (collectively, the “Dietary Options”) will contain various ingredients. You should always consult with your physician or other healthcare professional before adopting any Dietary Advice or partaking in any Dietary Options, whether offered by and through the Merci Maman Offerings or otherwise. The Dietary Advice and/or Dietary Options may include ingredients that you are allergic to. You should always check the ingredients associated with any Dietary Advice and Dietary Options to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
All eight (8) major U.S. allergens as determined by the U.S. Food and Drug Administration (“FDA”) (milk, wheat, egg, soy, fish, shellfish, peanuts and treenuts) are stored, portioned and packed in some of Merci Maman’s facilities. Although Merci Maman takes precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing meals or other products offered in connection with the Merci Maman Service to contain some or all of those allergens.
Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Snapchat® is a registered trademark of Snapchat, Inc. YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that Merci Maman is not in any way affiliated with Facebook, Google, LinkedIn, Pinterest or Twitter, and the Merci Maman Offerings are not endorsed, administered or sponsored by any of those parties.
If you have any questions about this Agreement or the Merci Maman Offerings, please access our Frequently Asked Questions or contact our Customer Service team at firstname.lastname@example.org.
We may amend this Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and in the App, and you should review this Agreement prior to using the Merci Maman Offerings and from time to time thereafter. By your continued use of any of the Merci Maman Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within this Agreement, as in effect at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions in effect at the time of the subject dispute or incurred charges, as applicable). All amendments or modifications to this Agreement shall be effective immediately upon publication on the Site and App.
- Merci Maman Service
(a) Merci Maman Subscription Service. The Merci Maman Subscription Service is an automatic recurring weekly subscription service. As part of the Merci Maman Subscription Service, we offer a number of subscription options that you choose from (each, a “Plan”). Each week (excluding those you choose to skip in accordance with this Agreement) you will receive a package from Merci Maman including the contents of your chosen Plan (each a “Delivery”). You can find specific details regarding your Plan and the Merci Maman Service (“Account”) by accessing the Site and accessing your Account details.
For information on how to change, modify or cancel your Plan or to skip a week, please see Section 3(d). Some promotions for the Merci Maman Service or other Merci Maman Offerings may be offered by third parties in conjunction with the provision of such third parties’ own products and services. We are not responsible for any other products and services provided by such third parties.
We reserve the right to modify, terminate or otherwise amend, in our sole discretion, our offered Plans; provided, however, that any amendment or modification to the Billing Provisions associated with those Plans shall not apply to any charges incurred prior to the applicable amendment or modification.
WHEN YOU REGISTER FOR THE MERCI MAMAN SUBSCRIPTION SERVICE (AND EACH TIME YOU CHANGE YOUR PLAN) YOU EXPRESSLY AUTHORIZE AND AGREE THAT MERCI MAMAN AND/OR OUR THIRD PARTY PAYMENT PROCESSOR IS AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD (AS DEFINED BELOW) ON A WEEKLY, RECURRING BASIS IN AN AMOUNT EQUAL TO THE THEN-EFFECTIVE RATE FOR YOUR PLAN, TOGETHER WITH ANY APPLICABLE TAXES AND SHIPPING (THE “PLAN RATE”), FOR AS LONG AS YOU CONTINUE TO USE THE MERCI MAMAN SUBSCRIPTION SERVICE, EXCEPT ON WEEKS YOU CHOOSE TO SKIP PRIOR TO THE CUTOFF TIME (AS DEFINED BELOW) OR UNLESS YOU CANCEL YOUR MERCI MAMAN SUBSCRIPTION SERVICE IN ACCORDANCE WITH THIS AGREEMENT, AND EXCEPT IN THE CASE OF MULTIPLE WEEK PLANS (“MULTI-WEEK PLANS”), IN WHICH CASE AN UP-FRONT PAYMENT IS MADE FOR MULTIPLE WEEKS DELIVERY, FOLLOWED BY WEEKLY RECURRING CHARGES. YOU ACKNOWLEDGE AND AGREE THAT MERCI MAMAN WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. IN ADDITION, YOU AUTHORIZE US (AND/OR OUR THIRD-PARTY PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD FOR ANY ADDITIONAL MERCI MAMAN OFFERINGS PURCHASED BY YOU FROM TIME TO TIME OUTSIDE OF OR IN EXCESS OF YOUR PLAN, PLUS ANY APPLICABLE TAXES AND SHIPPING. EVERY TIME THAT YOU USE THE MERCI MAMAN SUBSCRIPTION SERVICE, YOU RE-AFFIRM THAT MERCI MAMAN IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD AS PROVIDED IN THIS AGREEMENT, AND TO HAVE ALL APPLICABLE FEES AND CHARGES APPLIED TO SAME.
(b) Payment and Billing Information. By providing your credit or debit card information (or other payment method accepted by Merci Maman from time to time) when you sign up, and as updated from time to time on your Account page (your “Payment Method”), you authorize Merci Maman and/or our third-party payment processor to charge your Payment Method as provided in this Agreement. Merci Maman is unable to accept checking account transactions, paper checks, food stamps or third-party coupons at this time. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your Delivery for the affected weeks. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your Account page on the Site or App, as applicable. In the event any such update or change is made after the Cut Off Time (as defined below) for your next scheduled Delivery, such update or change may not take effect immediately. Your right to use the Merci Maman Service is subject to limits established by Merci Maman and/or by the issuer of your Payment Method.
(c) Credit or Debit Card Temporary Authorizations. Merci Maman reserves the right to execute an authorization or temporary charge on your Payment Method to up to One Dollar ($1.00) to verify that your Payment Method is valid and that the information you provide to Merci Maman is correct (the “Temporary Authorization”). The Temporary Authorization will expire in a few days (debit card authorizations typically expire in 24-48 hours depending on your Payment Method provider’s rules). If you experienced trouble enrolling with Merci Maman, you may see multiple Temporary Authorizations. These Temporary Authorizations will expire in accordance with your Payment Method provider’s rules.
(d) Changes, Cancellations & Other Modifications to the Plan. You may skip a week (or multiple weeks to the extent allowed) at anytime in accordance with this Agreement by visiting your Account page and following the instructions located therein, or by contacting us at email@example.com. For Multi-Week Plans, you may only skip, and not cancel, during the initial commitment. You may cancel your weekly Plan at anytime by visiting your Account page and following the instructions located therein, or by contacting us at firstname.lastname@example.org. Changes to, or cancellations of, your Plan, or requests to skip any weekly Delivery of your Merci Maman Subscription Service, must be received by Merci Maman by the times as follows: for Wednesday deliveries, 4pm ET the previous Thursday and for Friday deliveries, 4pm ET the previous Sunday, in order to take effect prior to the next scheduled Delivery (the “Cut Off Time”). If you do not submit such cancellation, skip or change request before the Cut Off Time, your weekly Delivery will be shipped and you will be charged your Plan Rate as provided in this Agreement, and if you requested to change or cancel your Plan, such change will not take effect until the week following your next weekly Delivery.
(e) Gift Cards. You may purchase and/or otherwise receive Gift Cards through the Site. All Gift Card purchases are subject to this Agreement in all respects. Gift Cards (which include, for purposes of this Agreement, e-gift cards and gift certificates) purchased from Merci Maman expire on the later of: (a) the fifth (5th) anniversary of the date of purchase or (b) any longer expiration period required by applicable law. Gift Cards may not be redeemed for cash (except in those jurisdictions that require redemptions for cash). Merci Maman Gift Cards may be redeemed on the Site. Redemptions of Gift Cards will result in the application of a credit to your Account in the amount of the Gift Card balance. Any Gift Card balances will be applied toward your Merci Maman Subscription Service or any other product purchased by you from Merci Maman from time to time until the Gift Card is depleted. Gift Cards are not redeemable for cash or credit, except to the extent required by applicable law. Merci Maman is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Merci Maman Gift Cards are final and non-refundable.
(f) Refunds and Credits. If you are dissatisfied with a Delivery and/or something is missing from your package, please contact us at email@example.com and we may, in our sole discretion, issue a credit and/or refund to your Account. All requests for a refund must be made within fourteen (14) days from the date that your Account was charged for the underlying Delivery. If you request a refund after the fourteen (14) day period, we may, in our sole discretion, issue a credit and/or refund to your Account. Gift Cards are subject to additional terms and conditions. Please visit Section 3(e) of this Agreement for our Gift Card terms, conditions and policies (collectively, “Gift Card Policies”).
If you participate in any referral program or other referral offer that we offer from time to time, any referral credits earned by you or sent to you must be used within the time period specified in the terms of such referral program or offer. Merci Maman reserves the right, in its absolute discretion, to determine your eligibility to participate in any referral program or other referral offer and will notify offenders of any perceived fraudulent activity which may result in, but is not limited to, Delivery and/or Account cancellation and/or cancellation of any outstanding referral or other unpaid credits.
(g) Trial Offers. We may offer, from time to time, discounted trials for the Merci Maman Subscription Service (“Trial Offers”). Any such Trial Offer lasts for the time period specified during sign-up and/or in the terms applicable to such Trial Offer. Trial Offers may not be combined with any other offers or promotions. Trial Offers are for first-time users of the Merci Maman Subscription Service only, unless expressly provided otherwise in the terms applicable to such Trial Offers. Merci Maman reserves the right, in its absolute discretion, to determine your eligibility for any Trial Offer and will notify offenders of any perceived fraudulent activity which may result in, but is not limited to, Delivery and/or Account cancellation and cancellation of any outstanding referral or other unpaid credits.
We will begin automatically billing your Payment Method the Plan Rate for your Plan on a recurring, weekly basis as provided in this Agreement at the end of the Trial Offer, or as otherwise specified at the beginning of your enrollment in the Trial Offer, unless you cancel your Plan prior to the end of the Trial Offer period with proper advance notice to Merci Maman in accordance with this Agreement. Merci Maman will send an email communication after you initially enroll in the Merci Maman Subscription Service providing information on how to cancel your Merci Maman Subscription Service. You may cancel your Merci Maman Subscription Service prior to the start of automatic, recurring weekly charges to your Payment Method only by following the instructions contained in the email or this Agreement. Such confirmation email will be sent in a timely manner so as to afford you sufficient time to cancel your Merci Maman Subscription Service prior to the start of automatic, recurring weekly charges to the Payment Method provided by you at the time of sign-up. We reserve the right to authorize your Payment Method through various commercially reasonable methods.
(h) Promotions. From time to time, Merci Maman offers Promotions by and through the Site or other means. By providing true and accurate information in connection with the applicable Promotion registration form(s) and agreeing to the Promotion Rules applicable to each Promotion, you can obtain, or attempt to obtain, a chance to win the prize(s) and other awards offered through each Promotion, if any. You understand and agree that Merci Maman shall not be liable to you or any third party for any claim in connection with your participation in any of the Promotions.
(i) Price and Availability. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days’ advance notice of any price changes associated with your Plan Rate. Your acceptance of Deliveries of the Merci Maman Service after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your Merci Maman Subscription Service in accordance with this Agreement. All prices shown on the Site are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site and/or in the App. Prices, taxes or other fees may vary geographically.
We strive to provide you with high-quality products. Given the perishable nature of our products, from time-to-time certain products may be unavailable due to market conditions beyond our reasonable control or to quality that is below our standards. In the event that one of our products is unavailable for any reason, and we have a replacement item that is comparable to product, we may make a substitution in our discretion. All of our products are subject to availability, and we reserve the right to limit the contents of your Delivery or the quantity of a particular product that you may order.
(j) Delivery of Products. Merci Maman uses appropriate refrigerated shipping solutions and may use third-party delivery companies to deliver the Merci Maman Service to its customers. Food products will remain at food-safe temperature through midnight of the delivery date. You are responsible for inspecting your Delivery for any damage and to confirm the contents arrive in a cool, refrigerated condition. To maintain the integrity and quality of food products, we strongly recommend that you immediately refrigerate or freeze all perishable items upon receipt of delivery.
The risk of loss and/or damage to the Delivery is passed entirely to you at the time of delivery. You are solely responsible for the proper and safe preparation, and storage of the Delivery contents following delivery. Merci Maman recommends that all storage and preparation instructions specified be followed.
The Merci Maman Offerings may not be available in all geographical areas. To receive a Delivery, you must live in a residential apartment or home, or receive permission from your employer or business owner to receive shipments to a business address. Anyone at the delivery address who receives the Delivery is conclusively presumed to be authorized to receive the Delivery. In certain geographical areas, and in Merci Maman’s sole discretion, Merci Maman may offer unattended delivery.
If something is missing from your Delivery, please contact us at firstname.lastname@example.org.
In the case of inclement weather or unforeseen delivery complications beyond our reasonable control, it may be necessary to make adjustments to our delivery schedule, which may require us to suspend, reschedule or cancel chosen delivery dates and times in our discretion. We will use commercially reasonable efforts to communicate any such delivery complications or adjustments. In the event that we are unable to make a scheduled delivery for any reason, we may, in our sole discretion, issue you a credit or refund of the purchase price for that Delivery.
(k) Dietary Preferences and Restrictions. Merci Maman does not guarantee the accuracy of any nutritional information provided by Merci Maman. Merci Maman will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase, prepare or consume are in accordance with your respective dietary needs, restrictions or preferences. You should always check the ingredients associated with any products that you receive from Merci Maman to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
(l) Third-Party Information Providers and Merchants. In certain cases, the Merci Maman Service may permit you to order and receive products, information and services from third parties that are not owned or operated by Merci Maman. In such instances, Merci Maman acts only as the link between you and such third parties. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services and/or information ordered or received from such third parties are covered by their respective customer agreements and policies and are matters that should be addressed solely between you and such third parties. Merci Maman makes no representations or warranties of any kind, express or implied, regarding the merchandise, services and/or information received from such third parties and the fact that Merci Maman makes such products, information, and services available to you should not be construed as an endorsement of the third parties and/or the products, services, and information that they provide. You agree that Merci Maman shall have no obligation and incur no liability to you in connection with any products, information and/or services from third parties that are not owned or operated by Merci Maman.
The Site contains Content which includes, but is not limited to, information pertaining to the Merci Maman Offerings, as well as regularly updated blog posts and third-party links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
- Interactive Services
Subject to the restrictions set forth herein, the Interactive Services will allow you to participate in comment sections and other interactive areas of the Site and/or App. You agree to use the Interactive Services in full compliance with all applicable laws and regulations. You shall be solely responsible for your comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. You understand and agree that Merci Maman shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. Merci Maman does not monitor the Feedback submitted by end-users, and operates the comment sections of the Site as a neutral host. The Interactive Services contain Feedback that is provided directly by end-users. You agree that Merci Maman shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. Merci Maman does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. Merci Maman reserves the right to remove any Feedback from the Site at any time and for any reason, in Merci Maman’s sole discretion.
You agree to use the Interactive Services in a manner consistent with any and all applicable laws and regulations. In connection with your use of the Interactive Services and other of the Merci Maman Offerings, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (d) impersonate any person or entity; (e) “stalk” or otherwise harass any person; (f) engage in unauthorized advertising to, or commercial solicitation of, other end-users; (g) transmit any chain letters, spam or junk e-mail to other end-users; (h) express or imply that any statements that you make are endorsed by Merci Maman, without Merci Maman’s specific prior written consent; (i) harvest or collect personal information of other end-users whether or not for commercial purposes, without their express consent; (j) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation Site and/or their respective content; (k) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained in the Site; (m) interfere with or disrupt the Site and/or the servers or networks connected to same; (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (p) “frame” or “mirror” any part of the Site without Merci Maman’s prior written authorization; (q) use metatags or code or other devices containing any reference to any Merci Maman Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Merci Maman Offerings or any software used in or in connection with Merci Maman Offerings. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in the immediate termination of your access to the Site without notice, in the sole discretion of Merci Maman. Merci Maman reserves the right to pursue any and all legal remedies against end users that engage in the aforementioned prohibited conduct.
- License and Proprietary Rights
(a) Copyright and Ownership. The Site and all associated Content, design, text, graphics, and interfaces; as well the collection, selection, and arrangement thereof; and all associated software (collectively, the “Merci Maman Materials”), are the sole and exclusive property of, or duly licensed to, Merci Maman. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of using the Merci Maman Service. Any other use of the Merci Maman Materials, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Merci Maman is strictly prohibited. You acknowledge that Merci Maman and/or third-party content providers remain the owners of such Merci Maman Materials and that you do not acquire any of those ownership rights by downloading copyrighted material. Merci Maman reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Merci Maman.
(b) Trademarks. “Merci Maman®,” all other Merci Maman marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Merci Maman LLC. or otherwise proprietary to Merci Maman, LLC, and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing by and through the Merci Maman Offerings are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the Merci Maman Offerings.
- Copyright Policy/DMCA Compliance
Merci Maman reserves the right to terminate your access to the Merci Maman Offerings if you infringe upon third-party copyrights. If you believe that a copyrighted work has been copied and/or posted via the Merci Maman Offerings in a way that constitutes copyright infringement, you should provide Merci Maman with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows:
Merci Maman, Inc.
Attn: Diane Montoriol
950 N Kings Rd – Suite 366
West Hollywood, CA 90069
- Access to the Merci Maman Offerings
(a) Access. You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the Merci Maman Offerings. You agree to comply with all applicable laws and the terms of this Agreement in connection with your use of or participation in any Merci Maman Offerings. You hereby represent that you are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction), and have the requisite power and authority to enter into this Agreement and perform your obligations hereunder.
You acknowledge that from time to time the Site and/or other Merci Maman Offerings may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which Merci Maman may undertake from time to time; or (c) causes beyond the reasonable control of Merci Maman or which are not reasonably foreseeable by Merci Maman. Merci Maman shall not be liable to you in any such event.
(b) ID Number and Passwords. Access to the Merci Maman Service is accomplished through the use of a registered email address and a password that you choose upon your registration for the Merci Maman Service, as updated from time to time. You are solely responsible for any authorized or unauthorized access to your Account by any person. You agree to bear all responsibility of the upkeep and maintenance of an accurate and active email address for access to the Site, or receipt of transactional, Account-related or marketing email communications or other communications relating to the Merci Maman Offerings. You agree to bear all responsibility for the confidentiality of your password. You agree to notify Merci Maman promptly of any unauthorized use of your password or Account and you will remain liable for any unauthorized use of the Merci Maman Service.
(c) Your Account/Registration. You are responsible for all charges (including applicable taxes) to your Account in connection with your use of the Merci Maman Service, including in connection with your Plan and/or any other add-on or other purchases that are selected for purchase from time to time, by you or anyone you allow to use your Account and password to access the Merci Maman Service.
In order to access the Merci Maman Offerings, you must provide some or all of the following information: (a) your full name; (b) your e-mail address; (c) your mailing and/or billing address; (d) your telephone number; (e) your Payment Method information; (f) information pertaining to your alternative receiver of product ; and (g) any other information requested by Merci Maman (collectively, “Account Information”). You agree and accept responsibility for keeping all your Account Information current, up to date and accurate in all respects. You can update your Account Information by visiting your Account page on the Site, as applicable, or by contacting us at email@example.com. Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent Account Information and that you are solely responsible for any Account Information that you provide to Merci Maman, and accept responsibility for all activities that occur under your Account or password and for restricting access to your computer and mobile device(s), as applicable.
- Representations and Warranties
You represents and warrants to Merci Maman as follows: (a) this Agreement constitutes your legal, valid and binding obligation which is fully enforceable against you in accordance with its terms; (b) you understand and agree that you have independently evaluated the desirability of utilizing the Merci Maman Offerings and that you have not relied on any representation and/or warranty other than those set forth in this Agreement; (c) your performance under this Agreement, your use of the Merci Maman Offerings and your Feedback (if applicable) will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law; and/or (iv) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of publicity, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (d) if applicable, you will be solely responsible for you feedback.
You agree to indemnify, defend and hold Merci Maman and the Merci Maman Parties (as defined below) harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) your feedback; (b) any dispute between you and any other end-user or third party; (c) your breach of this Agreement and/or any representation or warranty contained herein; (d) any allegation that you (or your Feedback) has infringed upon the trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party; (e) any claim that your use of the Merci Maman Offerings has violated any applicable law; and/or (f) your use of the Merci Maman Offerings in any manner whatsoever.
- Warranty Disclaimer
THE MERCI MAMAN OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MERCI MAMAN MAKES NO WARRANTY THAT THE MERCI MAMAN OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE MERCI MAMAN OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MERCI MAMAN WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE NETWORK CONNECTION ASSOCIATED WITH THE MERCI MAMAN OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MERCI MAMAN OR OTHERWISE THROUGH OR FROM THE MERCI MAMAN OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, MERCI MAMAN DOES NOT ENDORSE END-USER CONTENT OR FEEDBACK AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY FEEDBACK.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER MERCI MAMAN, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “MERCI MAMAN PARTIES”), SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MERCI MAMAN OR THE APPLICABLE MERCI MAMAN PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE MERCI MAMAN OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE MERCI MAMAN OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR ACCOUNT INFORMATION; (D) THE FAILURE TO REALIZE ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) ANY OTHER MATTER RELATING TO THE MERCI MAMAN OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE MERCI MAMAN AND THE MERCI MAMAN PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF MERCI MAMAN TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE AS SET FORTH IN THE DISPUTE RESOLUTION PROVISIONS OF THESE TERMS AND CONDITIONS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE MERCI MAMAN OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR MERCI MAMAN MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MERCI MAMAN. ACCESS TO THE MERCI MAMAN OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF MERCI MAMAN SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING (IN NEW JERSEY) THE MAXIMUM LIMITATION AVAILABLE UNDER LAWS SUCH AS THE NEW JERSEY PUNITIVE DAMAGES ACT, THE NEW JERSEY PRODUCT LIABILITY ACT, THE NEW JERSEY CONSUMER FRAUD ACT, AND OTHER LAWS OR REQUIREMENTS IN NEW JERSEY.
- Dispute Resolution Provisions
In the event of any dispute, controversy or claim arising out of or relating to the Merci Maman Offerings or this Agreement, or the breach of this Agreement by any party hereto: (a) each of you and Merci Maman agree to submit such dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Merci Maman or the Merci Maman Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Merci Maman incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you agreed to, or are deemed to have agreed to, this Agreement as provided hereunder.
- User Content and Material.
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Snapchat, and Pinterest, which are tagged with #SplendidSpoon @splendid.spoon or any other Merci Maman related or promoted hashtag or properties (collectively “User Content”) shall be deemed nonconfidential and nonproprietary. By submitting or posting any User Content, you grant to Merci Maman and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to this Agreement or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Merci Maman will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Merci Maman shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Merci Maman retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Merci Maman, you will furnish Merci Maman any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You are solely responsible for the User Content and you hereby agree to indemnify and hold Merci Maman and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. In states where your obligation to indemnify and hold harmless may be limited, such as New Jersey, you agree to indemnify and hold harmless Merci Maman to the maximum extent of the law.
Merci Maman does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Merci Maman and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Merci Maman or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Merci Maman has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Merci Maman acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Merci Maman becomes aware of any User Content that allegedly may not conform to these Terms, Merci Maman may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Merci Maman has no liability or responsibility to you for performance or nonperformance of such activities.
MERCI MAMAN HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST MERCI MAMAN FOR SUCH REMOVAL AND/OR DELETION. MERCI MAMAN IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
- SMS Service
We may modify or cancel the Merci Maman mobile message service (the “SMS Service”) or any of its features at any time, with or without notice. By signing up for the SMS Service, you agree to receive recurring SMS/text messages with promotions, specials, and other marketing offers (e.g., cart reminders) from and on behalf of Merci Maman via text messages through your wireless provider to the mobile number you provide us, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.
You understand that you do not have to use the SMS Service in order to make any purchases, and your consent is not a condition of any purchase with us. Your participation in the SMS Service is completely voluntary.
You are responsible for all charges and fees associated with SMS/text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details.
You may opt-out of the SMS Service at any time by replying “STOP” to any message, by updating your SMS text message preferences from your Account Details page if you are registered with us, or by emailing us at firstname.lastname@example.org.. You may receive an additional mobile message confirming your decision to opt out. You further agree that, if you discontinue the use of your mobile telephone number without opting out, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the text messages. If you have subscribed to other Merci Maman mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For support or assistance, text HELP to +1 (844) 974-2976 or email email@example.com.
We may change any short code or telephone number we use to send you promotional messaging at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. We are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or the SMS Service.
(a) Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Merci Maman may suspend or terminate this Agreement or any Merci Maman Offerings or remove or disable access to all or any portion of the Merci Maman Offerings at any time for any reason or for no reason with or without notice to you. You may terminate your Merci Maman Service account at any time for any reason or for no reason by delivering notice in the manner provided above, which termination will be effective the day notice is received or such later date specified in the notice. Merci Maman reserves the right to collect fees and charges incurred before you cancel your Merci Maman Service account. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancelation.
(b) Third Party Websites. The Merci Maman Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Pages. Merci Maman does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Merci Maman of the applicable website or any association with the website’s operators. Because Merci Maman has no control over such websites and/or resources, you agree that Merci Maman is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of your data privacy by third parties. You further agree that Merci Maman shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such website.
(c) Notices. Merci Maman may give notice to you of any change or any other communication related to this Agreement through a general posting on the Site and in the App, by email, or by conventional mail to your address contained in the data provided by you in your account. You may give notice to Merci Maman by emailing firstname.lastname@example.org or by conventional mail to:
Merci Maman 7515 Sunset Blvd, Los Angeles CA 90069, Attention: CUSTOMER SERVICE.
(d) Entire Agreement; Severability; Waiver; Relationship of the Parties; Headings; Assignment. This Agreement represents your entire agreement with Merci Maman regarding your use of the Merci Maman Offerings. To the extent that anything in or associated with the Merci Maman Offerings is in conflict or inconsistent with this Agreement, this Agreement shall take precedence provided, however, that with respect to the: (a) Promotions, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Promotion Rules, those Promotion Rules, as applicable, shall take precedence; and (b) Gift Cards, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Gift Card Policies, those Gift Card Policies shall take precedence. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed, in accordance with applicable law, as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement. Merci Maman may, with or without notice to you and in its sole discretion, assign this Agreement and/or any of its rights or delegate its duties under this Agreement to any third party for any purpose. This Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(e) Third-Party Beneficiaries. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Merci Maman, and Merci Maman Parties; provided, however, that the provisions of this Agreement are for the benefit of the Merci Maman Parties, and each shall have the right to assert and enforce the provisions directly on its own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Merci Maman Service account.