Welcome to the Amalgam Official online store hosted at amalgamofficial.com (“Store”). These are the terms of Service ("Terms ") for your use of services, information, tools and features on the Store, owned and controlled by Amalgam CA, Inc. (collectively, the “Brand”, “our”, “we”, “us”). The Amalgam Official offers the Store to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting, accessing or using any part of the Store and/or purchasing something from us, you agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Store, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our Store. If you do not agree to all the Terms, then you may not access the Store (including any feature or service offered) or make a purchase. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

You can review the most current version of the Terms at any time by returning to this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Store at any time. It is your responsibility to check this page periodically for changes. Such changed Terms will take effect once we post them on this page at the Store, and your continued use of the Store following any such changes will mean that you accept and agree to them.

You may use the Services only if you are at least 18 years of age.  We do not knowingly market or sell Products for purchase by children. You may buy items from us if you are legally capable of forming a binding contract with us and are able to abide by and comply with these Terms and are not a person barred from receiving the Services under the laws of the United States, Canada, or any other applicable jurisdiction. By using the Services, you represent and warrant that you meet these requirements.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. When we use the words "writing" or "written" in these Terms, this includes emails.

1. PRIVACY

We explain our practices regarding our collection, use and disclosure of information about you or other individuals, and information that could be used to identify you or other individuals on our Privacy Policy. Please review it for information about our processing activities connected with your use of our Store.

2. COMPANY CONTENT

Content in the Store that is provided by the Brand or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Brand Content") is the property of the Brand, and its licensors are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Store and the Brand Content for your own personal and non-commercial use. Unless otherwise permitted by these Terms, you may not copy, distribute, adapt, license, sell, rent, lease, transfer, display, broadcast, transmit, perform, modify, translate, merge, vary, alter, disassemble, de-compile, attempt to derive the source code of, reverse engineer, publish or create derivative works or otherwise exploit any part of the Store or Brand Content. You agree not to download, display or use any Brand Content located in the Store for use in any publications, in public performances, for any other commercial purpose, in connection with products or services that are not those of the Brand, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Brand and/or its licensors, that dilutes the strength of the Brand or its licensor's intellectual property, or that otherwise infringes the Brand's or its licensors' intellectual property rights. You further agree to in no other way misuse any Brand Content or third-party content that appears in the Store. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us or one of our representatives regarding the use or abuse of the Store.

 3. PRODUCTS OR SERVICES

Except where we have accepted your order in writing, the prices for our products in the Store are subject to change without notice. You may not use our products for any illegal or unauthorized purpose. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy

The products available in the Store, including any free samples and gifts we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from the Brand. We reserve the right, with or without notice, to cancel or limit the sale of our products to any person, household, geographic region or jurisdiction or that in our sole judgment, appear to be placed by dealers, resellers or distributors. We may also withhold refunds or concessions to those individuals we believe may be engaged in reseller activity or are otherwise violating these Terms, as determined by the Brand in its sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may exercise these rights on a case-by-case basis.

All purchases of our products through the Store are made pursuant to a shipment contract, which means that the risk of loss and title for such purchased items pass to you upon our delivery to the carrier and shipping and handling charges depend on the delivery location.

You agree that additional terms and conditions may apply to your purchases and to your use of specific Store features, such as rewards programs, sweepstakes, contests, special promotions or certain services, all such terms and conditions are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. In the event of any conflict between these Terms and terms for a specific feature, promotion or other service of the Store, the latter terms shall control with respect to your use of that feature, promotion or specific service.

 4. PRODUCT INFORMATION

All descriptions of products including ingredients or product pricing are subject to change at any time without notice, at our sole discretion. The Brand reserves the right to discontinue any product at any time. Any offer for any product or service made on this Store is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

The products offered on the Store and any related information, materials, statements and services are not intended to diagnose, treat, cure or prevent any condition or disease. Please use all products strictly in accordance with their instructions, precautions, warnings and guidelines. We urge you to check each product's ingredients to avoid potential allergic reactions. The materials on this Store are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge that any reliance on such materials will be at your own risk.

We endeavor to provide accurate information on the Store but assume no responsibility for the information's accuracy. Occasionally there may be information on our Store that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We do not warrant that the product descriptions, details, colors or other content on the Store are accurate, complete, reliable, current, or error-free and we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Store is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Store or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Store should be taken to indicate that all information in the Store has been modified or updated. We make no representations about the reliability of the features of this Store, the content, or any other Store feature, and disclaim all liability in the event of any product or service unavailability. We make no representations regarding the amount of time that any content will be preserved. The Store's reference to any goods, services, or other information offered by third parties does not imply any endorsement or recommendation by the Brand unless specifically stated otherwise.

 5. ACCOUNTS, SECURITY, PASSWORDS

Certain areas of the Store may require registration or may otherwise ask you to provide information to participate in certain features or access certain content (for example, providing your birthdate to receive a birthday gift as part of, and subject to the terms of, our rewards program). Such information will be processed according to our Privacy Policy. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Store. If the Store requires you to open an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration or purchase form. It is your responsibility to maintain the completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. After you have fully completed the registration form, you may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Store. Store is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. We reserve the right to refuse any order you place with us. If you wish to delete your account and or manage your personal information, please email contact@amalgamofficial.com

 6. YOUR SUBMITTED CONTENT AND FEEDBACK

We welcome your feedback and suggestions about products, services or the Store. By transmitting or posting in the Store, or otherwise providing suggestions, ideas, feedback, information, material, know-how, techniques, questions, comments or other content other than those specifically requested by us (e.g., through a contest or promotional event) (collectively, "User Communication”), you represent and warrant that such User Communication does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to us and enable us to use or post such User Communication. We recommend not to provide any personal data with your User Communication, in order to avoid any dissemination of your personal data (as your User Communication may be publicly accessible).

You grant to the Brand a royalty-free, perpetual, worldwide, unlimited, nonexclusive, irrevocable, sub-licensable and transferable license to use any User Communication for any purpose in our sole discretion, including without limitation reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, creation of derivative works, translation and/or marketing in any manner whatsoever and in any media, and in any form, format, or forum now known or hereafter developed for any or all commercial or non-commercial purposes (including in the Brand Store, emails, social media posts, media content or other promotional materials). You agree that the Brand shall be under no obligation (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; or (c) to monitor, use, return, review or respond to any User Communication. We will have no liability related to the content of any User Communication, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You further grant to us the right to use your name in connection with any User Communication submitted, but we shall not be obligated to attribute any of your User Communication to you. We retain the right to remove, edit, or refuse to post, any User Communication that includes any material we deem inappropriate or unacceptable (see Sections 8 and 10 below). If we make use of any of these rights, you understand and agree that you shall not receive any payment, consideration, notification or credit, nor will you have any approval over how we use your User Communications.

You agree to comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising, including but not limited to your disclosing if you have received any incentive or compensation for submitting User Communications (for example, free Product or an entry in a sweepstakes promotion or a coupon) in exchange for providing User Communications for posting on the Store or the Brand’s media channels (including but not limited to product reviews, photographs, and social channels). All disclosures must be made clearly and conspicuously.

 7. USER-GENERATED CONTENT RULES

If you become aware of any violation of the User Generated Content Rules herein described or other unacceptable behavior by any user, you should report such activity to the Brand by following the process in Section 9 (Copyright and Trademark Rules) and emailing: contact@amalgamofficial.com

If you submit to us or post information on the Store, you are solely responsible for each User Communication that you post on the Store or transmit to us or other users and agree that you will not hold the Brand responsible or liable for any User Communication from another user that you access on the Store. Moreover, the Brand reserves the right to delete any User Communication from our Store. We assume no liability for any information removed from our Store and reserve the right to permanently restrict access to the Store or a user account.

Categories of prohibited User Communications are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Communications. Without limitation, you agree that You will not post or transmit to other users:

1. anything that interferes with or disrupts the Store or the operation thereof,
2. statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
3. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
4. statements or material that violates other contractual or fiduciary rights, duties, or agreements,
5. statements or material that is bigoted, hateful, or racially offensive,
6. statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
7. statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
8. statements or material that contains obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
9. statements or material that harms minors,
10. statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of the Brand,
11. statements or material that misrepresents your affiliation with any entity and/or the Brand,
12. anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
13. chain letters or pyramid schemes,
14. statements or material that constitutes junk mail, spam, or unauthorized advertising, solicitation or promotional materials, and
15. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.

8. PROPRIETARY RIGHTS

These Terms provide only a limited license to access and use the Store. Accordingly, you expressly acknowledge and agree that we transfer no ownership or intellectual property interest or title in and to the Store to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products and information, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Store, unless otherwise indicated, are owned, controlled, and licensed by the Brand and its successors and assigns and are protected by law and regulations. Except as expressly provided herein, we do not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Store may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that the Brand does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of the Brand’s trademarks. Any downloadable or printable programs, directories, databases, information, or materials available through the Store unless otherwise indicated, are owned by the Brand. The Brand’s name and logo is proprietary trademarks of the Brand, and any use of such marks, including, without limitation, as domain names, without the express written permission of the Brand is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.

9. COPYRIGHT AND TRADEMARKS RULES

We are committed to complying with copyright and related laws, and we require all users of the Store to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Store in any manner that constitutes an infringement of third-party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

Infringement Notification. If you believe that your work has been copied and posted on the Store in a way that constitutes copyright infringement, please provide our designated agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on the Store;
• Your address, telephone number, and, if possible, email address
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The foregoing information should be sent to our “Designated Agent” on:

• Amalgam CA Inc.
• Attn: Legal Department
• Email: contact@amalgamofficial.com

10. PERSONAL INFORMATION

The processing of your personal information submitted through the Store, and/or collected by us during your use of the Store (e.g., via cookies and other tracking technologies), is governed by our Privacy Policy.

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Store will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Store is at your sole risk. THE STORE, ANY SERVICES OFFERED, AND ALL PRODUCTS DELIVERED THROUGH THE STORE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS STORE OR ANY INFORMATION THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE BRAND, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS ("RELEASED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS STORE, NOR SHALL THE RELEASED PARTIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE BRAND'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS STORE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU

 12. IDENTIFICATION

You agree to indemnify, defend and hold harmless the Released Parties from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. FORCE MAJEURE; ENTIRE AGREEMENT

If we fail to comply with these Terms, or to exercise or enforce any right or provision of these Terms for any reason, including but not limited to because of an act of God, war, fire, riot, terrorism, pandemics, earthquake, actions of federal, state, provincial, territorial or local governmental authorities or for any other reason beyond our reasonable control, such failure to comply with, or to exercise or enforce any right or provision of these Terms shall not be deemed a breach of these Terms or constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on the Store, including (without limitation) the Privacy Policy and rewards program terms & conditions, constitute the entire agreement and understanding between you and the Brand and govern your use of the Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

15. OTHER IMPORTANT THINGS

We may transfer our rights and obligations under these Terms to another organization. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. This contract is between you and us. No other person shall have any rights to enforce any of its terms. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. Both you and the Brand acknowledge and agree that no partnership is formed and neither of you nor the Brand has the power or the authority to obligate or bind the other.

16. GOVERNING LAW; VOID WHERE PROHIBITED

We operate and administer the Store from Ontario, Canada. Although the Store is potentially accessible worldwide, not all features or products may be available to all persons or geographic locations, or appropriate or lawful for use outside Canada. We reserve the right to limit, in our sole discretion, the quantity or provision of any product, feature or service to any person, entity or geographic area. Any offer for any feature, product or service made on the Store is void where prohibited. If you choose to access the Store from outside Canada, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH FOR CONSUMERS MAY INCLUDE THE PROVINCE OF QUEBEC), you agree that the laws of Canada, excluding its conflict of laws rules, and these Terms and Conditions (including any Brand related rewards program terms & conditions), our Privacy Policy and any other policies posted from time to time on the Store shall govern your use of the Store (including purchases made on this Store).

These Terms operate to the fullest extent permissible by law. In the event of any violation of these Terms, we reserve the right to seek all remedies available under law and equity for such violations.

17. LANGUAGE

It is the express wish of the parties that these Terms and all related documents, including any rewards program terms and conditions, be drawn up in English.

18. CONTACT INFORMATION

How to contact us: Questions about the Terms should be sent to us at contact@amalgamofficial.com

How we may contact you: If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order.