Montcalm Marketing and Distribution

Terms and Conditions

Last updated: 2020-11-28


Welcome to Montcalm Marketing & Distribution


These Terms of Service govern your use of our website located at https://montcalm.tt/ and or https://www.obagi.tt operated by Montcalm Marketing & Distribution.


By accessing this website, we assume you accept these terms and conditions. Do not continue to use Montcalm.tt if you do not agree to take all of the terms and conditions stated on this page.


Our Privacy Policy also governs your use of our website and explains how we collect, safeguard and disclose information that results from your use of our web pages.


Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood both Agreements, and agree to be bound of them.


If you do not agree with (or cannot comply with) Agreements, then you may not use our website, but please let us know by emailing at info@montcalm.tt so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Montcalm.tt.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Montcalm Marketing and Distribution ’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Trinidad and Tobago. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

COMMUNICATIONS

By using our Website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt in or out of receiving any, or all, of these communications from us by emailing us at info@montcalm.tt.

PURCHASES

If you wish to purchase any product or service made available through our website you may be asked to supply certain information relevant to your purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through our website may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

REFUNDS

We issue refunds for Purchases within 30 days of the original purchase.

NO USE BY MINORS

Montcalm.tt is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Montcalm.tt, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Montcalm.tt.

ACCOUNTS

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Montcalm.tt.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

TERMINATION

We may terminate or suspend your account and bar access to Montcalm.tt immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Montcalm.tt.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

PROHIBITED USES

You may use Montcalm.tt only for lawful purposes and in accordance with Terms. You agree not to use Montcalm.tt:

  • In any way that violates any applicable national or international law or regulation.
  • To self-diagnose any skin illnesses or treatments without the guidance of a physician
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Montcalm Marketing and Distribution, a Montcalm Marketing and Distribution employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Montcalm.tt, or which, as determined by us, may harm or offend Montcalm Marketing and Distribution or users of Montcalm.tt or expose them to liability.


Additionally, you agree not to:

  • Use montcalm.tt in any manner that could disable, overburden, damage, or impair Montcalm.tt or interfere with any other party’s use of Montcalm.tt, including their ability to engage in real time activities through Montcalm.tt.
  • Use any robot, spider, or other automatic device, process, or means to access Montcalm.tt for any purpose, including monitoring or copying any of the material on Montcalm.tt.
  • Use any manual process to monitor or copy any of the material on Montcalm.tt or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of Montcalm.tt.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Montcalm.tt, the server on which Montcalm.tt is stored, or any server, computer, or database connected to Montcalm.tt
  • Attack Montcalm.tt via a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify Montcalm Marketing and Distribution rating.
  • Otherwise attempt to interfere with the proper working of Montcalm.tt

ANALYTICS

We may use third-party Service Providers to monitor and analyze the use of our Website.

CONTENT

Content found on or through this Website are the property of Montcalm Marketing & Distribution or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

INTELLECTUAL PROPERTY

Unless otherwise stated, Montcalm Marketing & Distribution and/or its licensors own the intellectual property rights for all material on Montcalm.tt. All intellectual property rights are reserved. You may access this from Montcalm.tt for your own personal use subjected to restrictions set in these terms and conditions.

Montcalm.tt and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Montcalm Marketing & Distribution and its licensors. Montcalm.tt is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Montcalm Marketing & Distribution.


You must not:

• Republish material from Montcalm.tt

• Reproduce, duplicate or copy material from Montcalm.tt

• Redistribute content from Montcalm.tt.

COMMENTS

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Montcalm Marketing & Distribution does not filter, edit, publish or review Comments prior to their presence on the website /however, visitor comments may be checked through an automated spam detection service. Comments do not reflect the views and opinions of Montcalm Marketing & Distribution, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Montcalm Marketing & Distribution shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.


Montcalm Marketing & Distribution reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.


You warrant and represent that:


• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

• You hereby grant Montcalm Marketing & Distribution a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

COPYRIGHT POLICY

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Montcalm.tt infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@montcalm.tt, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Montcalm.tt on your copyright.

DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

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

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on Montcalm.tt where the material that you claim is infringing is located;

• your 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 the law;

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

You can contact our Copyright Agent via email at info@montcalm.tt.

ERROR REPORTING AND FEEDBACK

You may provide us either directly at info@montcalm.tt or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Website (“Feedback”). You acknowledge and agree that:

i. you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;

ii. Montcalm Marketing and Distribution may have development ideas similar to the Feedback;

iii. Feedback does not contain confidential information or proprietary information from you or any third party; and

iv. Montcalm Marketing and Distribution is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Montcalm Marketing and Distribution and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

LINKS TO OTHER WEB SITES

Our Website may contain links to third party web sites or services that are not owned or controlled by Montcalm Marketing & Distribution.

Montcalm Marketing & Distribution has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.


YOU ACKNOWLEDGE AND AGREE THAT MONTCALM MARKETING & DISTRIBUTION SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

HYPERLINKING TO OUR CONTENT

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.


These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.


We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;

• dot.com community sites;

• associations or other groups representing charities;

• online directory distributors;

• internet portals;

• accounting, law and consulting firms; and

• educational institutions and trade associations.


We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Montcalm Marketing and Distribution, and (d) the link is in the context of general resource information.


These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.


If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Montcalm Marketing and Distribution. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.


Approved organizations may hyperlink to our Website as follows:

i. By use of our corporate name; or

ii. By use of the uniform resource locator being linked to; or

iii. By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Montcalm Marketing and Distribution logo or other artwork will be allowed for linking absent a trademark license agreement.


IFRAMES

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

CONTENT LIABILITY

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.


YOUR PRIVACY

Please read our Privacy Policy


RESERVATION OF RIGHTS

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.


REMOVAL OF LINKS FROM OUR WEBSITE

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.


We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

DISCLAIMER OF WARRANTY

THESE SERVICES ARE PROVIDED BY MONTCALM MARKETING AND DISTRIBUTION ON AN “AS IS” AND “AS AVAILABLE” BASIS. MONTCALM MARKETING AND DISTRIBUTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER MONTCALM MARKETING AND DISTRIBUTION NOR ANY PERSON ASSOCIATED WITH MONTCALM MARKETING AND DISTRIBUTION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MONTCALM MARKETING AND DISTRIBUTION NOR ANYONE ASSOCIATED WITH MONTCALM MARKETING AND DISTRIBUTION REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MONTCALM MARKETING AND DISTRIBUTION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MONTCALM MARKETING AND DISTRIBUTION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MONTCALM MARKETING AND DISTRIBUTION, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Trinidad and Tobago, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have had between us regarding Montcalm.tt.

CHANGES TO MONTCALM.TT

We reserve the right to withdraw or amend our Website, and any service or material we provide via Montcalm.tt, in our sole discretion without notice. We will not be liable if for any reason all or any part of Montcalm.tt is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Montcalm.tt, or the entire Montcalm.tt, to users, including registered users.


AMENDMENTS TO TERMS

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Montcalm.tt.

WAIVER AND SEVERABILITY

No waiver by Montcalm Marketing and Distribution of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Montcalm Marketing and Distribution to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

ACKNOWLEDGEMENT

BY USING MONTCALM.TT OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

CONTACT US

Please send your feedback, comments, requests for technical support by email: info@montcalm.tt.