Terms of service

These Terms of Use are a legal agreement between you, and LLAMA MAMA LLC (collectively, “Llama Mama” “us” or “we”). Your use of the website llamamamaworld.com (“Site”) and the mobile application (“App”, and collectively with the Site, “LLAMA MAMA”) shall be subject to these Terms of Use. By accessing the App or Site and/or by using the LLAMA MAMA Service (as defined below), viewing any content or using any services available on the Site or App, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. Please read the Site's Privacy Policy, which is incorporated within these Terms of Use by reference. By continuing to use our Site, you consent to these Terms of Use. If you do not agree to these Terms of use, do not use any of our Sites.

This Site and the services provided to you are provided on an "AS IS" basis. You agree that Llama Mama reserves the right to modify or discontinue this Site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. LLAMA MAMA will not be held responsible or liable for timeliness of or removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

Llama Mama Service

The site and the mobile applications provide information about Llama Mama’s products and allows users to learn about the products, purchase products, and subscribe to various methods of communication. Our Sites may contain images, logos, photographs, text, audio, video, or other content (collectively “Content”). Should new Content be added to our Sites, the features and use is subject to these Terms of Use.

Your Responsibilities and Registration Obligations

In order to use this Site or certain parts of it, you may be required to register for a user account on this website and provide personal information such as your name, address, payment information, e-mail address, and other information; in this case, you agree to provide truthful and accurate information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this Site's Terms of Use, including any amendments made by Llama Mama that are published herein. You may also register to opt-in to receive communication from our site, subscribe to email lists, or enter a promotion or sweepstake.

Should you register for an account on our site, you agree to maintain one account. Should any of your actions violate these Terms of Use, we reserve our right to terminate or suspend your account. You agree to maintain the confidentiality of your account and agree not to share any of your account details. You agree to be fully responsible for all activities occurring in your account and agree to notify us immediately if you suspect any unauthorize use of your account. Llama Mamma cannot be held liable for any loss or damage arising out of your failure to maintain the confidentiality of your account or your failure to protect your account information.

Payment

The payment terms displayed on our Service are part of these Terms of Use and govern all Services offered. Llama Mama makes an effort to provide current information regarding all products and services, however availability of products is subject to change. Llama Mama does not make any representations as to the availabilities of products or services. By using our site and placing an order, you agree that all purchases were made in good faith and not based on fraud. In the case of a technical error leading to the uploading and publication of incorrect information regarding the availability of any product, Llama Mama reserves the right to cancel your order and refund or replace your order. In the event of the cancellation or an order and the refunding of money, you agree to waive all claims against LLAMA MAMA.

Your purchase of products on our site may be subject to additional Terms and Conditions, including but not limited to return and exchange policies. Such information will be provided to you at the time that you make a purchase.

Registration data and other personally identifiable information the Site may collect is subject to the terms of Llama Mama’s Privacy Policy.

Who Can Use Llama Mama

Users must be 13 years of age or older.

Users must not be prohibited from receiving any aspect of the Llama Mama Service under applicable laws. If consent to data collection and processing is required under applicable law, users must be over the age at which they can provide valid consent to such.

User Content

You agree that all Content made available publicly or privately, will be under the sole responsibility of the person providing said content, or of the person whose user account is used. LLAMA MAMA will not be responsible to you in any way for content displayed on this Site, nor for any error or omission.

By using this Site or any service provided, you explicitly agree that:

you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
you will not collect or harvest any information about other users;
you will not provide, and you will not use this Site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Site to promote or operate any service or content without LLAMA MAMA’s prior written consent;
you will not provide any content that may give rise to LLAMA MAMA being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets;
you are of legal age to enter a binding contract and that you are not a person barred from visiting sites or accessing the Content under the laws of the United States or other country.

Submission of content on this site

By providing any content to this Site:

you agree to grant Llama Mama a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Llama Mama the license specified in this section;
you acknowledge and agree that Llama Mama will have the right (but not obligation), at LLAMA MAMA’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. LLAMA MAMA will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

Policy

LLAMA MAMA has adopted the following policy regarding copyright infringement in accordance with the Digital Millennium Copyright Act. It is LLAMA MAMA’s policy to (a) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringement

If you believe that content appearing on or accessible through the Site or App infringes upon your copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that LLAMA MAMA is capable of finding and verifying its existence;
Contact information of the person submitting the notification including address, telephone number and, if available, e-mail address;
A statement that the person submitting the notification has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once a proper bona fide infringement notification is received by LLAMA MAMA, LLAMA MAMA shall notify the content provider or user that an infringement notification has been received and that the content will be removed within 24 hours unless a counter-notice is submitted.

Procedure to Supply a Counter-Notice to LLAMA MAMA

If the content provider, or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider or user must send a counter-notice containing the following information to LLAMA MAMA:

A physical or electronic signature of the content provider or user;
Identification of the content that is claimed to be infringing;
A statement that the content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the content; and
Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or user’s address is located, or if the content provider’s or user’s address is located outside the United States, for any judicial district in which LLAMA MAMA is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by LLAMA MAMA, LLAMA MAMA will restore access to the content and notify the original notifying party. The content will then remain published unless the copyright owner files an action seeking a court order against the content provider or user. Before you file a counter-notice, please carefully consider whether or not your use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court decides your counter-notice misrepresented that the material was removed by mistake.

Please contact LLAMA MAMA’s Designated Agent to submit notifications of copyright infringement and counter-notices at: email

License

10.1.Subject to your compliance with these Terms, LLAMA MAMA grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Site and App on your personal device solely in connection with your use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for your personal, noncommercial use.
10.2.Any rights not expressly granted herein are reserved by LLAMA MAMA and its licensors. Indicatively, but not by way of limitation, you are not allowed to use, copy, distribute, edit or adjust any part of the Site or the App or any material provided by LLAMA MAMA in connection with the provision of the Services. Further, you are not allowed to use in any way any of LLAMA MAMA’s intellectual property, including, trademarks, service marks, trade names, trade dress, software, copyrights, designs, patents, and associated rights.

10.3.LLAMA MAMA’S RIGHTS

LLAMA MAMA reserves the right to:

interrupt, modify or terminate the Service for any reason, without notice at any time;
refuse service to anyone for any reason at any time;
deactivate user accounts of users whose conduct or content is, in LLAMA MAMA’s sole discretion, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service (or alternatively, remove any such User Content);
ban any user from using the Service for any reason, including, but not limited to, a member who is the subject of repeated DMCA notifications;
remove any User Content that, in LLAMA MAMA’s opinion, violates these Terms or is in any way harmful or objectionable.

Indemnification
You agree to indemnify and hold harmless LLAMA MAMA and LLAMA MAMA’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or in connection with this Site or service, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND LLAMA MAMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LLAMA MAMA MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER LLAMA MAMA NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT LLAMA MAMA WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards to implied warranties; the other terms and conditions remain enforceable notwithstanding.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Llama Mama WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LLAMA MAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THIS SITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES PROVIDED HEREUNDER.

In some jurisdictions, Llama Mama is not permitted to limit liability and, therefore, such limitations may not apply to you. If allowed by law and notwithstanding the foregoing, LLAMA MAMA’s maximum liability shall be limited to $100.00.

The content found on LLAMA MAMA’s website including text, graphics, images and all other content is offered on an informational basis only. No content is intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice and guidance of a qualified health provider before:

Making any adjustments to any medication or treatment protocol you are currently using.
Stopping any medication or treatment protocol you are currently using.
Starting any new medication or treatment protocol.

Content found on this site is “generally informational” and not specifically applicable to any individual’s medical problem (s), concern and /or needs.

If you think you may have a medical emergency, call your local health emergency service immediately. If you choose to utilize any information provided by LLAMA MAMA, you do so solely at your own risk. None of the content on this site or the services provided is intended to be a substitute for medical services or care.

Reservation of rights

LLAMA MAMA reserves all of LLAMA MAMA’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that LLAMA MAMA may have in respect of this Site, its content, and goods and services that may be provided. The use of LLAMA MAMA’s rights and property requires LLAMA MAMA’s prior written consent. By making services available to you, LLAMA MAMA is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Site or services or any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that LLAMA MAMA may have with respect to this Site without LLAMA MAMA’s prior written consent.

Intellectual Property Rights

You acknowledge and agree that the Service may contain features that are protected by trademark, copyright, patent, trade secret or other proprietary rights and laws. Except as authorized by LLAMA MAMA, you agree not to copy, reproduce, transmit, rent, lease, scrape, sell, distribute and create any derivative works based on the Service in whole and in part.

Cancellation and Termination

You may cancel your Service at anytime by emailing us at [email]. Once cancellation is confirmed, all of your account details and any individually purchased content will remain in your Account.
To completely delete your Account, email [email]. Since deletion of all data is final, please be sure that you do in fact want to cancel your Account before doing so.
Without limiting any other remedies, LLAMA MAMA may suspend or terminate your Account if it suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Service, as well as for any other reason referenced in the Terms of Use.

Modifications to the Services and Prices

Prices for Llama Mama services are subject to change. Please make sure to check the Site and App for the most updated pricing information. Llama Mama shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Llama Mama reserves the right to modify or discontinue any and all portions of the Site without or with providing notice to you. Llama Mama cannot be held liable for exercising this right. You acknowledge and accept that Llama Mama does not guarantee continuous and uninterrupted service and by using the site, you understand that Llama Mama does not maintain that your access to the site will not be uninterrupted or error free. You consent that your access to the site may be interfered with by a number of factors outside the control of Llama Mama.

Miscellaneous

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and LLAMA MAMA concerning the Service and use of the Site and App. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. LLAMA MAMA’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. LLAMA MAMA may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
Most communication between LLAMA MAMA and you will be sent and received electronically. You agree that all electronic communication between LLAMA MAMA and you shall satisfy any legal requirements that such communications be in writing.
You agree that LLAMA MAMA may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a LLAMA MAMA Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing or obtaining any goods or services, and that you will be provided with the opportunity to allow or disallow this contact option through your Account.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. LLAMA MAMA does not guarantee that the Service, or any portion thereof, will function on any particular hardware or device. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You agree not to assign these Terms of Service or its rights without the prior written consent of LLAMA MAMA
Any rights of LLAMA MAMA not expressly granted herein are reserved.

Dispute Resolution

These Terms of Use, their interpretation and enforcement will be governed by the U.S. Federal Arbitration Act, and each of you and Llama Mama are waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Llama Mama account.

Arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Arbitration will be conducted in New York County. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. If you are a consumer in the European Economic Area, this Section does not apply to you.

Governing Law

These Terms of Use shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. If you are not a consumer in the European Economic Area, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is New York County, New York, or the United States District Court for the Southern District of New York and our dispute will be determined under New York law. If you are a consumer in the European Economic Area, this Section shall not apply, and you shall have access to the courts in your country of residence.

Updating These Terms

We may revise these Terms of Use from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you through our Service. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you should delete your account.