Terms and Conditions

Last Updated: June 5, 2018

1.	Acceptance by Use
These Terms of Use (“Terms”) apply to all sites, software, applications (“Applications” or “Apps”), content, Sites and Services and services (collectively, the “Sites and Services”) provided to you by Fittzy, LLC d/b/a MamuMarket.com and/or any of its related entities (“MamuMarket”, “we”, “our” or “us”).  These Terms govern your use of the Sites and Services and constitute a binding agreement between you and MamuMarket.  Before accessing or using the Sites and Services, including browsing any MamuMarket  website or accessing an application, you must agree to these Terms and Conditions. BY USING THE SITES AND SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS.  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITES AND SERVICES.  IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITES AND SERVICES. The Company’s online applications may be accessed through an account (“Account”) with MamuMarket  through various app providers and if you have an Account, then you shall comply with all applicable Terms and Conditions applicable to such app providers, respectively. Some of the Company’s online applications may be accessed as a guest (“Guest”) and as to those applications, you shall comply with all applicable Terms and Conditions applicable to such app providers, respectively.

2.	Changes to the Terms
MamuMarket  may change the Terms at any time by posting the amended Terms on the MamuMarket .com website and/or as identified in the App. You should check this website from time to time to review the current Terms as they are binding on you. Your continued use of the Sites and Services will constitute your acceptance of the amended Terms.

3.	The Sites and Services

3.1	Intellectual Property: The Sites and Services are our intellectual property or the intellectual property of our licensors or vendors and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Sites and Services (whether registered or unregistered) and the material published in them is owned by us or our licensors, licensees and/or vendors.  No element of the Sites and Services may be used or exploited in any way other than as part of the Sites and Services offered to you. We do not transfer title to any portion of the Sites and Services to you.

Other than as expressly provided herein, no part of the Sites and Services may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including but not limited to text, graphics, video, messages, code and/or software without our express prior written consent.

If you breach any of these Terms, your permission to use the Sites and Services automatically terminates and you must immediately destroy any downloaded or printed extracts from the Sites and Services.

3.2	Changes:  The Sites and Services are evolving and will change over time. MamuMarket and its licensors reserve the right to change, suspend, remove or disable access to the Sites and Services or other materials comprising any part of the Sites and Services at any time without notice. In no event will MamuMarket  be liable for making these changes.  MamuMarket  may also impose limits on use of or access to certain features or portions of the Sites and Services without notice or liability.

3.3	Requirements:  Use of the Sites and Services may require compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software is recommended to access certain Sites and Services and may be required for certain transactions or features and to download Sites and Services purchased. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Sites and Services are not part of any other product or offering, and no purchase or acquisition of any other product shall be construed to represent or guarantee you access to the Sites and Services.

3.4	Wireless: You may access certain Sites and Services through a mobile network, your network or roaming providers’ networks. Standard messaging, data, and other fees may be charged by the provider to access the Sites and Services. Your carrier may prohibit or restrict certain Sites and Services and certain Sites and Services may be incompatible with your carrier or wireless internet device.

3.5	Restrictions: We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, worms, logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to the download by you of any material posted on our site, or on any website linked to it.

3.6	Food Allergies. MamuMarket.com shall not be liable for allergic reactions to food purchased through MamuMarket.com, and we do not guarantee that third parties selling on MamuMarket.com have accurately tagged allergens or taken precautions to prevent cross contamination.

3.7 	Food Borne Illness. MamuMarket.com shall not be responsible or liable for illness or other health problems that may result from consumption of food purchased on MamuMarket.com.


4.	License
Grant of a Limited License to Use the Sites and Services: Subject to your agreement and continuing compliance with these Terms and Conditions and any other relevant MamuMarket  policies, MamuMarket  grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Sites and Services for your own non-commercial entertainment purposes. You agree not to use the Sites and Services for any other purpose.

4.1	The following restrictions apply to the use of the Sites and Services:

•	You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Sites and Services if you have previously been removed by MamuMarket;

•	You shall use your Account only for non-commercial purposes; You shall not use the Sites and Services to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;

4.2	Login information and Your Account: During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify MamuMarket and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.  MamuMarket  reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

4.3	License Limitations: Any use of the Sites and Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law. You agree that you will not, under any circumstances:

•	Engage in any act that MamuMarket  deems to be in conflict with the spirit or intent of the Sites and Services or make improper use of MamuMarket ’s support services.


•	Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Sites and Services, or other attempts to disrupt the Sites and Services or any other person’s use or enjoyment of the Sites and Services.

•	Attempt to gain unauthorized access to the Sites and Services, Accounts registered to others or to the computers, Servers, or networks connected to the Sites and Services by any means other than the user interface provided by MamuMarket , including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Sites and Services.

•	Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.

•	Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

•	Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including MamuMarket ’s employees or customer service representatives.

•	Make available through the Sites and Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a MamuMarket  employee.

•	Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Sites and Services.

•	Solicit or attempt to solicit personal information from other users of the Sites and Services or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Sites and Services.

MamuMarket  reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms and Conditions or the Sites and Services themselves. MamuMarket  reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Sites and Services in whole or in part. Without prejudice to its other rights or remedies, MamuMarket  reserves the right to take legal proceedings against you for reimbursement of all costs or losses resulting from your breach of this “Restrictions” clause, and to disclose such information to law enforcement agencies as MamuMarket  reasonably believes is necessary.

4.4	Suspension and Termination of Account: WITHOUT LIMITING ANY OTHER REMEDIES, MAMUMARKET  MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO MAMUMARKET  SITES AND SERVICES OR PORTIONS THEREOF IF YOU ARE, OR MAMUMARKET  SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS AND CONDITIONS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SITES AND SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SITES AND SERVICES, AND MAMUMARKET  IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SITES AND SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SITES AND SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.  MAMUMARKET  RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

MamuMarket  reserves the right to stop offering and/or supporting the Sites and Services or part of the Sites and Services at any time, at which point your license to use the Sites and Services or a part thereof will be automatically terminated. In such event, MamuMarket  shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Sites and Services. Termination of your Account can include disabling your access to the Sites and Services or any part thereof including any content you submitted or others submitted.

4.5	Rights in Your Data. Except as limited for Children under 13 and persons that elect to be “Private”, you hereby grant to MamuMarket  an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Sites and Services, including marketing and promotions of the Sites and Services. Except as limited for Children under 13 and persons that elect to be “Private,” you also hereby grant to MamuMarket  the right to authorize others to exercise any of the rights granted to MamuMarket  under these Terms and Conditions. You further hereby grant to MamuMarket  the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. MamuMarket  does not claim any ownership rights in your User Content and nothing in these Terms and Conditions is intended to restrict any rights that you may have to use and exploit your User Content. MamuMarket  has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

5.	Privacy
By using the Sites and Services, you agree to the terms of the MamuMarket  Privacy Policy [LINK].

6.	Cookie Policy
By using the Sites and Services, you agree to the terms of the MamuMarket  Cookie Policy [LINK].

7.	Account
The Apps are distributed through various online app providers, each of which require you to create an account to participate in the Apps.  You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree to update your account information to keep it current and accurate. You are responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and that they comply with them.

You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, another person’s name or likeness or provide false details for a parent or guardian.  You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright.  In addition, we may suspend or terminate your account and your ability to use the Sites and Services if you engage in, encourage or advocate illegal conduct or if you fail to comply with these Terms, MamuMarket ’s Software License Agreement or MamuMarket ’s Privacy Policy.  MamuMarket  reserves the right to accept or refuse your application for an account (in our absolute discretion).

8.	User Information
MamuMarket  may offer community features as part of the Sites and Services.  You may be able to post reviews, comments and other content and submit suggestions, ideas, comments, questions, opinions and feedback.  You may not post content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to any person or entity.  You also may not post content that consists of or contains software viruses, political campaigning, objectionable materials, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise provide misleading information. MamuMarket  reserves the right (but not the obligation) to remove or edit such content, at its sole discretion.

If you do post content or submit material, you grant MamuMarket  a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media, including, without limitation, in connection with advertising our product and reviews. You grant MamuMarket  and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose to use it. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and that you will indemnify MamuMarket  for all claims resulting from content you supply. MamuMarket  has the right but not the obligation to monitor and edit or remove any activity or content.  MamuMarket  takes no responsibility and assumes no liability for any content posted by you or any third party.

9.	Electronic Communications
When you use parts of the Sites and Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or text message or by posting notices on our website or through the other Sites and Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are effective immediately.

10.	Contests, Sweepstakes and Other Activities
MamuMarket  provides rules and/or guidelines (“Rules of Participation”) for certain activities on the Sites and Services including, without limitation, contests and sweepstakes. The Terms incorporate by reference the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between the Terms and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.

11.	User Interactions
You are solely responsible for your interactions with other users of the Sites and Services and any other parties with whom you interact through your Account and/or MamuMarket  Product. MamuMarket  reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with MamuMarket  to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting MamuMarket  access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12.	Payment Policy
MamuMarket ’s Sites and Services are available through various online app providers.  The terms applicable to the purchase of the MamuMarket  product are established and set forth by the relevant online app provider, including without limitation, such policies applicable to refunds, fees and taxes.

13.	Links
The MamuMarket  website and the Sites and Services may contain links to web sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content available on any web sites linked to the MamuMarket  website or the Sites and Services or for any loss or damage that may arise from your use of them. Such links do not imply MamuMarket ’s endorsement of material on any other web site and MamuMarket  disclaims all liability with regard to your access to such linked web sites.

14.	Other Provisions

14.1	Submissions and Unsolicited Ideas Policies:  Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials.  In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

14.2	Termination:  If you are dissatisfied with any portion of the MamuMarket  Sites and Services, service, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Sites and Services.  This agreement is effective until terminated by either party. To terminate use of the Company’s App follow the instructions provided by the online app provider from whom you purchase the Company’s App.

14.3	MamuMarket ’s Procedure for Making Claims of Copyright Infringement:  If you believe that any material provided through the Sites and Services infringes your copyright, you should notify MamuMarket  of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that MamuMarket  receives and take appropriate action in accordance with applicable intellectual property laws. To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sites and Services that is reasonably sufficient to enable MamuMarket  to identify and locate the material; (iv) the address, telephone number and email address where you would like MamuMarket  to contact you; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

14.4	Notice. We may notify you via postings on www.MamuMarket .com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms and Conditions or the MamuMarket  Privacy Policy shall be in writing and addressed to:

Attn:  Intellectual Property Matter
MamuMarket
address
address
Charlotte, North Carolina
Email: [email protected] .com


14.5	Warranty: DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY:  THE SITES AND SERVICES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAMUMARKET  DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SITES AND SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.

IN NO EVENT SHALL MAMUMARKET  OR ITS SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (INCLUDING LICENSORS) (COLLECTIVELY, THE “MAMUMARKET  PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITES AND SERVICES (INCLUDING ANY INFORMATION, SITES AND SERVICES OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES AND SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE MAMUMARKET  PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US RELATED TO THE SITES AND SERVICES OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE MAMUMARKET  PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SITES AND SERVICES. MAMUMARKET  RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.

14.6	Choice of Law: This agreement is governed by the laws of the United States of America and the State of North Carolina, without giving effect to any conflict of laws principles.

14.7	Choice of Forum: You agree that any action at law or equity arising out of or related to the Terms and Conditions or with regard to MamuMarket will be filed, and that venue properly lies, only in the state or federal courts located in Charlotte, North Carolina, United States of America.  You consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.

14.8	Binding Arbitration and Class Action Waiver: You and MamuMarket  agree to arbitrate all disputes between you and MamuMarket  arising under the Terms, except disputes relating to the enforcement of MamuMarket ’s or its licensors’ intellectual property rights.  “Dispute” includes any dispute, action or other controversy between you and us concerning the Sites and Services or these Terms, whether in contract, tort, warranty, statute or regulation or other legal or equitable basis.

In the event of a dispute, you or MamuMarket  must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Fittzy, LLC d/b/a MamuMarket.com, (address) Charlotte, North Carolina __________, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you.  You and MamuMarket  will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.  After sixty (60) days, you or we may commence arbitration.

If you and MamuMarket  do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final and binding except for a limited right of appeal under the U.S. Federal Arbitration Act.  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.  Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes.  Arbitration may be conducted in person, through the submission of documents, by phone, or online.  The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

If you are a resident of the United States, arbitration will take place and be held in Charlotte, North Carolina.  For residents outside the United States, arbitration shall be initiated in Charlotte, North Carolina, United States of America, and you and MamuMarket  agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor MamuMarket  will seek to have a dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

14.9	Enforcement: MamuMarket  reserves the right to take steps that we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms. You agree that we have the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms (including but not limited to our right to cooperate with any legal process relating to your use of the Sites and Services and/or a third-party claim that your use of the Sites and Services is unlawful and/or infringes such third party's rights).

14.10	Entire Agreement: This agreement constitutes the entire agreement between you and MamuMarket  with respect to the Sites and Services and supersedes all prior or contemporaneous agreements, terms or conditions, oral or written, between you and MamuMarket .

14.11	Severability: If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

14.12	Survival: The provisions of the Terms, which by their nature should survive the termination of the Terms, shall survive such termination.

14.13	Waiver: No waiver of any provision of the Terms by MamuMarket  shall be deemed a further or continuing waiver of such provision or any other provision. MamuMarket ’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

14.14	Equitable Remedies: You acknowledge that the rights granted and obligations made under these Terms and Conditions to MamuMarket  are of a unique and irreplaceable nature, the loss of which shall irreparably harm MamuMarket  and which cannot be replaced by monetary damages alone so that MamuMarket  shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Sites and Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Sites and Services or any content or other material used or displayed through the Sites and Services and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

14.15	Force Majeure: MamuMarket  shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MamuMarket , including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond MamuMarket ’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.