Privacy Policy

 

 

GelMoment, Inc. (referred to herein as “GelMoment”, “our”, “us” or “we”) is committed to respecting the privacy rights of those visiting our websites, including our Distributors’ Replicated Websites (hereafter collectively referred to as the “Website” or “Websites”). GelMoment created this Privacy Policy to give you confidence as you visit and use the Websites, and to demonstrate its commitment to fair information practices and to the protection of privacy.

 

This Privacy Policy is only applicable to the Websites and not to any Third-Party websites, which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites, below.

 

BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

 

Each time you use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time you visited the Website. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.

 

  1. I.                   CHILDREN’S PRIVACY

GelMoment is committed to the safety of our children.  Persons under the age of 16 may not enroll as GelMoment Distributors or register as customers.  Persons age 16 or 17 must have a parent or guardian as a co-registrant or co-applicant if they wish to register as a customer or enroll as a GelMoment Distributor.  Children under the age of 13 may not purchase products through any of our Websites.  GelMoment does not solicit or knowingly collect personally identifiable information from children under the age of 13. If GelMoment obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, GelMoment will immediately delete such information from its database. Because GelMoment does not collect personally identifiable information from children under the age of 13, GelMoment has no such information to use or disclose to third parties. GelMoment has designed this Privacy Policy in order to comply with the Children's Online Privacy Act (COPA).

 

  1. II.                INFORMATION COLLECTION

GelMoment is the sole owner of the Website, including Replicated Websites.  We collect information from Independent Distributors (“Distributors”), customers and visitors to the websites at different points on the websites.

 

  1. A.                Traffic Data.  Like most website operators, GelMoment automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you.

 

  1. B.                 Cookies.  A “Cookie” is a string of information that a website stores on a user's computer, and that the user's browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Website.  GelMoment uses Cookies to customize your experience on the Website to your interests, to ensure that you do not see the same informational messages repeatedly, and to store your username so you do not have to re-enter it each time you visit the Website. For additional information on GelMoment's uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below.

 

IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

 

  1. C.                Personal Information.  Through your use of or visits to our websites, you may be required or requested to provide personally identifiable information (hereafter “Personal Information”) to us.  Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person.  Such information includes, without limitation: (1) “Contact Data” (such as your name, mailing address and e-mail address); (2) “Demographic Data” (such as your age, gender, profession, education level, relationship status, religious affiliation, country, state, city and likes and dislikes,); and (3) “Financial Data” (such as your credit/debit card number and expiration date). In each case, you will be asked to provide Personal Information; the Website will not gather it surreptitiously. GelMoment may supplement the Personal Information you provide with additional personal information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to GelMoment. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Website or from purchasing any of our products.

 

  1. D.                Distributor and Customer Registration.  In order to become a Distributor, an applicant must provide Personal Information to us.  We also may require an applicant’s Social Insurance Number, Social Security Number or Federal Tax ID Number so that we may prepare and file necessary non-employee compensation forms for income tax purposes.  Certain customers may be required to register in order to purchase products directly from us (“Registered Customers”).  Registered Customers will be required to provide Personal Information. We use this information to maintain contact with Distributors and Registered Customers, and to process Distributor and Registered Customer orders.

 

  1. E.                 Product or Service Purchases.  When a customer, Registered Customer, or Distributor purchases products or services from us through any of our websites, the purchaser must provide us with Personal Information.  This information is used for billing and payment purposes and to fill orders. 

 

  1. F.                 Information that you make Public.  The Website may contains features (e.g. public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which GelMoment is unable to exercise control.  You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.

 

III.             INFORMATION USE AND DISCLOSURE PRACTICES

  1. A.                Traffic Data and Information Gathered Using Cookies.  GelMoment analyzes Traffic Data and information gathered using Cookies to help GelMoment better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, GelMoment is able to better design the Website to improve your experience, and to serve you more relevant and interesting content. From time to time, GelMoment may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. GelMoment does not attempt to link information gathered using Cookies to Personal Information.

 

  1. B.                 Personal Information.  Personal Information that is collected from customers, Distributors and Registered Customers through Distributor and Customer Registration, Product or Services Purchases and/or Surveys is used and disclosed as described in this Privacy Policy.  Except as specifically set forth in this Privacy Policy, GelMoment DOES NOT share Personal Information.  GelMoment may share aggregated information from time to time with its partners, vendors or other third parties.  When such aggregate information is shared by GelMoment, no Personal Information is shared.

 

  1. C.                Disclosure Practices.  Except under the following circumstances and otherwise as set forth in this Privacy Policy, GelMoment will keep your Personal Information private and will not sell it to or share it with third parties.

 

  

 

  1. IV.             COMMUNICATIONS FROM US

A.                Special Offers and Updates.  By enrolling as a Distributor, registering as Registered Customer, or making a purchase or other inquiry through the Website, you consent to receive periodic email and other communications from us and from GelMoment Distributors.  For example, GelMoment sends all new Distributors a welcoming email.  All Distributors and Registered Customers will occasionally receive information on products, services, special deals, and a newsletter.  Customers who have not registered with GelMoment and who grant permission will also receive occasional information on products, services, special deals, and the like.

 

B.                 Service Announcements.  On rare occasions it is necessary to send out a strictly service related announcement.  For instance, if our service is temporarily suspended for maintenance we might send Distributors and/or customers an email.  Generally, Distributors may not opt-out of these communications, though they can deactivate their account.  However, these communications are not promotional in nature.

 

C.                Distributor and Customer Service.  GelMoment communicates with Distributors and Registered Customers via email, regular mail and telephone on a regular basis to provide requested services and in regards to issues relating to their GelMoment business.  GelMoment communicates with other customers with respect to products or services purchased by such customers from GelMoment.  Such communications may be by email, regular mail or telephone.

 

  1. V.                MISCELLANEOUS

A.                Links.  GelMoment’s websites may contain links to other sites. Please be aware that GelMoment is not responsible for the privacy practices of such other sites.  We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects Personal Information.  This privacy statement applies solely to information collected by GelMoment websites.

 

  1. B.                 Security. GelMoment has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction or disclosure of your Personal Information.

 

  1. C.                Lost or Stolen Information. You must promptly notify us if your credit, banking, other financial information, user name or password is lost, stolen or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, user name or password from your account.

 

  1. D.                Promotional Activities. From time to time, GelMoment may conduct contests, giveaways and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, GelMoment may also ask you to participate in surveys designed to help GelMoment improve the Websites, its products, services, or the GelMoment network marketing program. Any Personal Information provided to GelMoment in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.

 

  1. E.                 Changes to this Privacy Policy. GelMoment reserves the right to amend or change this Privacy Policy at any time at its sole discretion.  It is your responsibility to periodically access this Privacy Policy by clicking on the Privacy Policy link at our home page.  You can determine the date this Privacy Policy was last updated by referring to the effective date found at the end of the policy.   When material changes or amendments are made to the Privacy Policy, we will announce the same at our home page for a period of 7 days following implementation of the amended Privacy Policy.

 

F          Making Changes to Your Personal Information. Distributors and Registered Customers may update their personal information as necessary by logging into their GelMoment online Back Offices, which allows them to access and edit their registration account information. In addition, Distributors and Registered Customers may contact us at info@GelMoment.com to update their profiles.

 

G.        Questions. Questions regarding this Privacy Policy should be directed to info@GelMoment.com, or by mail to GelMoment, 2195 Ekers Avenue, Montreal, Quebec H3S 1C6 Canada.

 

H.        Effective Date. The effective date of this Privacy Policy is March 1, 2015.

Web Site Terms of Use

 

This web site (the “Site”) is operated by GelMoment, Inc. (referred to herein as “GelMoment”, “we”, “us” and “our”).  Your use of the Site is subject to the following terms and conditions.

 

  1. 1.      Consent:

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.  BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.  You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.  Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site, the possibility of our use or display of your Submissions (as defined in Section 9 below) and the possibility of the publicity and promotion from our use or display of your Submissions.

 

  1. 2.      Additional Terms:

Note that special terms apply to some services offered on the Site, such as subscription-based services, product purchases, rules for particular contests or sweepstakes or other features or activities.  These terms are posted in connection with the applicable service.  Any such terms are in addition to these Terms of Use and, in the event of a conflict, prevail over these Terms of Use.

 

  1. 3.      Modification:

We reserve the right to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, updates and revisions.  You should visit this page from time to time to review the current terms.  We may change the Site or delete Content (as defined in Section 4 below) or features of this Site at any time, in any way, for any or no reason at our discretion.

 

  1. 4.      Copyright:

All information, materials, functions and other content (including Submissions as defined in Section 9 below) provided on this Site (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US and international copyright laws.  The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws.  Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.  Any unauthorized use of any material contained in this Site is strictly prohibited.

 

  1. 5.      Trademarks:

Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and the Trademarks of our licensors.  Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site.  Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

 

  1. 6.      Use of Site and Content:

We grant you a limited license to access and make personal use of the Site and the Content, subject to these Terms of Use.   Neither this Site nor any portion of this Site or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands.  We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests.

 

In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, noncommercial home use only.  We do not transfer title to the Software to you.  You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

 

  1. 7.      Linking:

Links to third party web sites may be provided on this Site.  If so, they are provided solely as a convenience to you.  If you use such links, you will leave this Site.  We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these web sites and their content.  We do not endorse or make any representations about such web sites or any information or materials found there, or any results that may be obtained from using them.  If you access any third party web sites linked from this Site, you do so at your own risk.

 

No hyperlinks to this Site are permitted without our prior written consent.  If you would like to link to this Site from your web site, please submit via fax your request to link to this Site to (514) 738-9914.  Unless you receive our express written consent, your request to link to this Site shall be deemed denied.  Unless otherwise permitted in writing signed by an authorized representative of GelMoment, a web site that links to this Site:

 

•     Shall not imply, either directly or indirectly, that GelMoment is endorsing its products;

•     Shall not use any of our Trademarks or the Trademarks of our licensors;

•     Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;

•     Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;

•     Shall not present false or misleading information about us or the GelMoment opportunity;

•     Shall not misrepresent any relationship with us;

•     Shall not replicate in any manner any content in the Site; and

•     Shall not create a browser or border environment around Site material.

 

  1. 8.      Claim of Copyright Infringement:

We respect the intellectual property rights of others.  If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below.  Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.  To be effective, the notification must be a written communication that includes the following:

 

      •     A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

      •     A description of the copyrighted work that you claim has been infringed upon;

      •     A description of where the material that you claim is infringing is located on the Site;

      •     Your physical address, telephone number and email address;

      •     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 by the law; and

      •     A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records.  If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below.  To be effective, the counter-notification must be a written communication that contains the following:

 

 

Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:

 

By Mail:          GelMoment, Inc.

            Attn: Copyright Agent

            2195 Ekers Ave

            Montreal Qc

 

            Canada

 

By Email:        info@GelMoment.com

 

By Telephone: 1866 270 7002

 

By Fax:           (514) 738-9914

 

  1. 9.      Submissions:

For purposes of these Terms of Use, the word “Submissions” means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this Site.

 

We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products and services, and our opportunity.  If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes. 

 

By communicating a Submission to us, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct set forth in Section 12 below and all other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use.  You agree that you shall not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.  See Section 12 below.

 

  1. 10.  Accounts:

Some services on this Site permit or require you to create an account to participate in or to secure additional benefits.  You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes.  You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.  You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site. 

 

We may suspend or terminate your account and your ability to use the Site or any portion thereof for failure to comply with these Terms of Use or any special items related to a particular service, for infringing copyright, or for any other reason whatsoever.

  1. 11.  Public Forums and Communication:

“Public Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.

 

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum.  We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

 

You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same.  We have no duty to monitor any Public Forum.

 

You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk.  We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

 

We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.

 

  1. 12.  Rules of Conduct:

The following Rules of Conduct apply to the Site.  By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that:

 

 

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

  1. 13.  Removal of Submissions:

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the Site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including the Site.  Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

 

  1. 14.  International:

The Site is intended for viewing and use in Canada and the United States.  If this Site is viewed internationally, you are responsible for compliance with applicable local laws.  We do not intend to provide our products or services through this Site outside of Canada or the United States.

 

  1. 15.  Privacy:

GelMoment respects your privacy and the privacy of other visitors to the Site.  To learn about our privacy practices and policies, please see our Privacy Policy

 

  1. 16.  Children:

GelMoment is committed to the safety of our children.  Persons under the age of 16 may not enroll as GelMoment Distributors or register as customers.  Persons between the ages of 16 and 17 must have a parent or guardian as a co-registrant or co-applicant if they wish to register as a customer or enroll as a GelMoment Distributor.  Children under the age of 13 may not purchase products through any of our Websites.  GelMoment does not solicit or knowingly collect personally identifiable information from children under the age of 13.

 

  1. 17.  Disclaimer of Warranties:

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT.  WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.  YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT.  YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).  WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

The Content of the Site is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes.  Always seek the advice of your physician with any questions you may have regarding a medical condition.  You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice.  Reliance on any information appearing on the Site is strictly at your own risk.

 

The Site may contain the opinions and views of other users.  Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.

 

  1. 18.  Limitation of Liabilities:

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  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, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE.  MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

 

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. 19.  Governing Law:

This Site is created and controlled by us in the Province of Quebec, Canada.  The laws of Quebec and Canada govern these Terms of Use, without giving effect to any principles of conflicts of laws.  You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed, and that venue properly lies, only in the courts located in Quebec, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

  1. 20.  General Provisions:

We make no representations that the Content on the Site is appropriate or available for use in any particular location.  Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

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

 

No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

All software used on the Site or other Offerings is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

  1. 21.  California Privacy Rights:

Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties, if any, to which GelMoment has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2015 will receive information about 2014 sharing activities). We comply with this law by offering our visitors the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please write us at:

 

            GelMoment, Inc.

1090 Pratt, Suite 204

Montreal, Quebec H2V 2V2

Canada

 

You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message.

 

Please note that any request under this Paragraph will be limited to our use and disclosure of your personal information. You will need to make the same request of your GelMoment Independent Distributor if you would like to obtain information about any disclosure that he or she has made of your personal information.

 

  1. 22.  Contacting Us:

You may contact us regarding these Terms of Use or the Site by any of the following methods:

 

By Mail:          GelMoment, Inc.

            2195 Ekers Ave

                        Montreal, QC

                        Canada

 

By Email:        info@GelMoment.com

 

By Telephone: 1.866.270.7002

 

By Fax:           (514)738.9914

 

  1. 23.  Effective Date:

These Terms of Use are effective as of May 1 2015, and shall remain in effect until modified and/or updated as provided in Section 3 above.