TERMS OF US 

Updated November 2021​

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These terms of use, including the Privacy Policy, Cookie Policy, and the Privacy Notice for California Residents (hereinafter, the “Terms”) govern your access to and use of each of the website www.mamasuewellness.com (the “Website”), associated Content (as defined below), and constitute the entire, complete, and binding agreement between you and Mama Sue Wellness (as defined below). The offer of the Service to you is conditioned upon your acceptance of these Terms.

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Mama Sue Wellness, a California corporation (“Mama Sue Wellness”), owns and operates the Service.

BY USING THE SERVICE FOR ANY PURPOSE AND FROM ANY DEVICE AND LOCATION, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS; YOU MEET THE ELIGIBILITY REQUIREMENTS DESCRIBED BELOW; AND, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AS THEY APPEAR ON EACH RESPECTIVE DATE THAT YOU USE THE SERVICE. IF YOU DO NOT ACCEPT ANY PART OF THESE TERMS OF USE, YOU ARE NOT ALLOWED TO ACCESS OR USE THE SERVICE IN ANY WAY. PLEASE ASK US ANY QUESTIONS YOU MAY HAVE BY WRITING AN EMAIL TO: info@mamasuewellness.com

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1. WHO MAY USE THE SERVICE

By accessing or using the Service, you represent that you are at least 21 years of age and have full legal capacity. If you are under 21 years of age, you may NOT use the Service.

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2. LOCATION; CHANGES; DURATION

2.1 LOCATION

The Service is provided to and accessed by users solely at our business location in LONG BEACH, California, United States (the “Business Location”). You agree that, by accessing and using the Service, or any part thereof, you are choosing of your own volition to accept to be bound by these Terms and that you are availing yourself of the Service at the Business Location. Mama Sue Wellness makes no representations or warranties that the Service is appropriate or available for users accessing the Service at the Business Location from any location outside the United States. BEFORE YOU ATTEMPT TO ACCESS THE SERVICE FROM ANY LOCATION OUTSIDE THE UNITED STATES, BE AWARE THAT THE SERVICE MAY CONTAIN CONTENT OR LINKS TO PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE, OR THAT ARE PROHIBITED, IN THE LOCATION OUTSIDE THE UNITED STATES; AND THAT YOU THEREFORE ACCESS THE SERVICE SOLELY AT YOUR OWN RISK.

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2.2 CHANGES

We reserve the right to modify, amend, or otherwise change these Terms, in whole or in part, at any time and at our sole discretion. Such changes to the Terms will take effect as of the “Last updated” date stated at the beginning of these Terms. Each time you access the Service, you agree to be bound by the most current version of the Terms. However, it is ultimately your responsibility to review the Terms for any changes before using the Service. You may not change any elements of the Terms without our prior written consent. By continuing to use the Service, you thereby consent to any and all updates to the Terms.

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2.3 DURATION

Upon any access or use of the Service, the Terms remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.

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3. USE OF THE SERVICE

3.1 LIMITED LICENSE TO USE THE SERVICE

Subject to all conditions, restrictions, and eligibility requirements described herein, we grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access and use the Service for your own lawful and personal purposes. This license is not a sale and does not grant any ownership right, title, interest, or any other rights in the Service. If you breach any of these Terms, the above license will terminate automatically.

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3.2 INFORMATION ABOUT YOU

We may receive, gather, collect, retain, disclose, and otherwise use, certain personally-identifying and other information about you in a manner governed by our Privacy Policy and Cookie Policy. Mama Sue Wellness may use such information without monetary compensation to you and in consideration for the various services and Content provided or made available to you through the Website.

If you want to use certain features of the Service, including to purchase products online, you may have to provide information such as your full name, email address, company name (if applicable) shipping address, payment information, and billing address.

You are solely responsible for the safekeeping of your information, and you agree to supervise and take full responsibility for any use of your information by you or anyone other than you (whether authorized by you or not). YOU ACKNOWLEDGE AND AGREE THAT: (1) NONE OF MAMA SUE WELLNESS OR ANY AFFILIATE OR PARTNER WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR INFORMATION; AND, (2) THE UNAUTHORIZED USE OF YOUR INFORMATION COULD CAUSE YOU TO INCUR LIABILITY TO Mama Sue Wellness.

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3.3 RESTRICTIONS ON YOUR USE OF THE SERVICE

You agree that you will NOT use the Service, or any portion(s) thereof, in any way not expressly permitted by these Terms or in any way that violates the governing law or any other applicable local, state, national and international laws and regulations of your residence and location; and that if you do, we reserve the right to terminate your access to and use of the Service, and you may be subject to various liabilities under the applicable laws. Specifically, you represent, warrant, and agree that you will NOT:

• use the Service in a way that violates any law or infringes the rights of any person;

• use the Service to sell access to the Service, gain advertising or subscription revenues, or collect, data-mine, or harvest personally identifiable information for your profit;

• act as an agent, affiliate, or representative of Mama Sue Wellness or the Service;

• suggest or imply that Mama Sue Wellness or the Service has any relationship or affiliation with any other company or services, or that Mama Sue Wellness endorses, sponsors, or recommends the contents, products or services on any website, webpage, or other platform;

• modify, translate, adapt, edit, transform, or otherwise create derivative works of or from any part of the Service;

• circumvent, hack, disable, decompile, reverse-engineer, DDOS attack, password sniff, inject malicious code into, or interfere in any way with security-related features, robot-exclusion headers, technical measures, algorithms, source code, or digital rights management tools that restrict or limit use or copying of the Service;

• impose, in our opinion, an unreasonable or disproportionately large burden on our infrastructure;

• deep-link to any portion of the Service for any purpose; and,

• frame, mirror, or otherwise incorporate any part of the Service into any other website, webpage, mobile application, product, or service unless you have Mama Sue Wellness’ express permission to do so.

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4. CONTENT ON THE SERVICE

4.1 DEFINITION OF CONTENT

“Content” here means any information available on or transmitted through the Service, including, without limitation, the following: ideas, data, text, tags, script, posts, messages, comments, questions, slogans, newsletters, descriptions, pricing, tables, statistics, rankings, ratings, reviews, lists, maps, spreadsheets, models, pictures, photographs, presentations, drawings, graphics, logos, designs, brands, images, buttons, icons, widgets, interfaces, applications, application programming interfaces (“APIs”), software, source code, object code, digital files, compilations, compositions, sounds, sound recordings, audio clips, music, jingles, spoken word, performances, speeches, audio-visual works, interactive works, games, video games, movies, films, shows, videos, video clips, commercials, infomercials, advertisements, and all other materials, features and functions available on or through the Website, or any other content through the Website that is copyrighted and/or trademarked work of Mama Sue Wellness.

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4.2 CONTENT OF MAMA SUE WELLNESS OR OUR AFFILIATES

One or more of Mama Sue Wellness, or our affiliates or licensors own all Content, and we reserve the right to change or remove such Content from the Website for any reason and without notice to you. You may NOT reproduce Content found on the Website in other websites or platforms without obtaining our prior written consent.

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5. ELECTRONIC COMMUNICATIONS

This section does not apply to information supplied by you to the Service that can identify you personally. Mama Sue Wellness believes in protecting your privacy. Please visit our current Privacy Policy, which also governs your use of the Service, to understand our practices.

If you send or transmit any communication, including but not limited to feedback, questions, comments or suggestions to Mama Sue Wellness, whether by letter, email, telephone, through the contact form on our Website, or otherwise (collectively, “Feedback”), all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign to Mama Sue Wellness all right, title, and interest in, and Mama Sue Wellness is free to use, without any attribution or compensation to you, any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to enhancing the Service, or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback. You also understand and agree that Mama Sue Wellness is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. Further, Mama Sue Wellness s under no obligation to pay for or respond to any such comments or feedback provided by users. Mama Sue Wellness may use aggregated and statistical data derived from Website usage.

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6. LINKS

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6.1 LINKS TO THIRD-PARTY WEBSITES

The Service may contain links and advertisements to other websites, webpages, smartphone applications, services, products, and other resources. Mama Sue Wellness has no control over such third party websites or resources, and you acknowledge and agree that we are not responsible for the availability of such websites, webpages, services, products, or resources, and do not endorse and are not responsible or liable for any information, content, advertising, products, or other materials on or available therefrom. You also acknowledge and agree that Mama Sue Wellness will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resource. Moreover, your correspondence and business dealings with other third parties found on or through the Service, including payment and delivery of any advertised goods or services—and any other terms, conditions, warranties or representations associated with such dealings—are solely between you and such other user or third party. You agree that Mama Sue Wellness shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users or other third parties on our Website.

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6.2 LINKS FROM THIRD-PARTY WEBSITES TO MAMA SUE WELLNESS WEBSITE

Unless we provide you with written consent giving you broader rights to link or advertise the Service on third-party websites, you may only link or hyperlink to the Service elsewhere on the Internet and World Wide Web for non-commercial purposes. In doing so, you may NOT use any of our trademarks or trade names except in a plainly descriptive manner.

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You may link to the Service only in compliance with these Terms, and only in the following instances:

• The link does not reproduce the Content, totally or partially, in any way;

• The link does not contain false, inaccurate or incorrect statements about Mama Sue Wellness or the Service, in particular, statements that imply that Mama Sue Wellness in any way authorizes or approves the provision of the link, or the products or services of the third-party where the link is provided;

• The look and feel of all Content that accompanies the link or is on the same page as the link (for example, the entire article in which the link appears, even if it is not all on the same page as the link) shall not otherwise be of a nature that may damage or dilute the goodwill associated with Mama Sue Wellness’ name, reputation or any of its trademarks, trade names or service marks, as determined by Mama Sue Wellness in its sole discretion; and,

• The third-party websites or resources where you link the Service do not contain or promote illicit, illegal (under Applicable Law), vulgar, obscene, sexual, erotic, pornographic, degrading, or otherwise inappropriate Content, or racially, ethnically, or otherwise inappropriately discriminatory language as determined by us in our sole discretion.

• We may revoke our consent to a link at any time, without prior notice. If we notify you that you may no longer link to the Service, or to a page or document, you must promptly (and, in any event, within three (3) business days) remove all affected links from your website.

 

7. INTELLECTUAL PROPERTY RIGHTS

Any trademarks and service marks, trade names, trade dresses, copyrighted works of authorship, rights of publicity, patents, know-how, trade secrets, and proprietary ideas that are displayed, performed, transmitted, or otherwise appearing on the Service (collectively, the “IP”) are owned by Mama Sue Wellness, licensed to Mama Sue Wellness, or used by Mama Sue Wellness in a merely descriptive manner, under the fair use doctrine, under the first-sale doctrine, by virtue of being in the public domain, or in accordance with another legal exception or exemption. Other than as expressly allowed by us in writing, nothing herein or in the Service may be implied as granting any license, assignment, or right to copy or use of our trade name or any of our IP without our prior written authorization. Any unauthorized reproduction or distribution of the Service that you do not own, or parts thereof, is expressly prohibited and may result in civil litigation, damages, injunctive relief and possibly even criminal penalties under law. Please inform us if you become aware of any infringement or violation of intellectual property rights, by emailing us at: info@mamasuewellness.com

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8. INDEMNIFICATION

You agree to defend, indemnify, reimburse, and hold harmless Mama Sue Wellness as well as its shareholders, officers, employees, agents, advisors, subsidiaries, affiliates, assignors and licensors from and against any and all claims, causes of action, actions, demands, liabilities, damages, losses, fines, penalties, costs and expenses of any kind, and settlements including without limitation, attorney, paralegal, expert witness, investigation, and accounting fees, in connection with (i) your use or misuse of the Service, (ii) your breach of any provision in these Terms, (iii) any of your representations or warranties made herein, or (iv) your violation of any law or regulation or of rights of any third party. We will have the option to assume the exclusive defense and control of any action to which Mama Sue Wellness is named a party, and you agree to cooperate with us in asserting any available defenses we find appropriate. NOTHING STATED IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.

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9. DISCLAIMERS AND LIABILITY LIMITATIONS

The express responsibilities set forth herein are the only responsibilities of Mama Sue Wellness to you in respect of the Service, and we have no other responsibilities to you with respect to the Service. You acknowledge that Mama Sue Wellness has no duty to take any action regarding: (a) which users access the Service; (b) what Content you access via the Service; (c) what effects Content may have on you; (d) how you may interpret or use the Content; or (e) what actions you may take as a result of having been exposed to the Content. Moreover, you understand and agree to the below-stated warranty disclaimers and limitations of liability. The laws of certain countries and jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain liabilities or damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

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9.1 WARRANTY DISCLAIMERS

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND ALL INFORMATION AND CONTENT WE PROVIDE THROUGH IT: (1) ARE PROVIDED TO YOU ON “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” BASES; (2) MAY INCLUDE ERRORS AND INACCURACIES; AND, (3) ARE OFFERED TO YOU WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OPERABILITY, FUNCTIONALITY, COMPLETENESS, SATISFACTORY QUALITY, AND ACCURACY. MOREOVER, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL: (A) BE UNINTERRUPTED, UNCOMPROMISED, OR FREE FROM TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS; (B) BE FREE OF HACKING, INTERFERENCE, STATIC, VIRUSES, TROJAN HORSES, WORMS, MALWARE, OR OTHER HARMFUL COMPONENTS; (C) BE SECURE AND AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) BE CURED OR CORRECTED OF ALL ERRORS AND DEFECTS EVEN IF Glass House Farms IS AWARE OF THEM; AND, (E) MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

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9.2 Mama Sue Wellness’ LIABILITY IS LIMITED

You agree, to the maximum extent permitted under applicable law, not to hold Mama Sue Wellness or any of our shareholders, officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or licensees responsible or liable for any damages or remedies of any kind arising from your use of the Service, or from a delay or inability to access or use the Service (including, but not limited to, your reliance upon third party information, content, user content, reviews and opinions appearing on the Service, viruses, errors, linked sites, properties, products and services obtained through the Service) including but not limited to any direct, indirect, incidental, special, exemplary, punitive, lost profits, lost goodwill, lost data, waste of expenditures, cost of substitute, and consequential damages, even if we were expressly advised about the possibility of such damages. To the extent Mama Sue Wellness or any of our officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or licensees can be or is found liable for any loss or damages of any kind arising from your use of the Service, or the Content, such liability is expressly excluded to the fullest extent permitted by law; and, in any event the total of any such liability shall be limited and capped in aggregate to the greater of (a) reimbursement of the total fees paid to Mama Sue Wellness by you (if any), or (b) a maximum of one hundred U.S. Dollars (US$100). In cases where applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, Mama Sue Wellness’ liability will be limited to the fullest extent permitted by applicable law.

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10. DISPUTE RESOLUTION SYSTEM

10.1 GOVERNING LAW

These Terms are made in, entered into, governed by, and will be construed in accordance with the laws of the State of California, United States , without resort to its conflict of laws provisions.

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10.2 ARBITRATION

ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND Mama Sue Wellness, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT Mama Sue Wellness AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at http://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Los Angeles, California, United States, unless you and Mama Sue Wellness otherwise agree in writing. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding.

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10.3 IRREPARABLE HARM

Notwithstanding Section 11.2, you acknowledge that unauthorized use of the Service or other breach of these Terms could result in immediate and irremediable damage to Mama Sue Wellness, and that money damages alone would be inadequate to compensate Mama Sue Wellness. Therefore, in the event of your breach or threatened breach of any provision of these Terms, Mama Sue Wellness may, in addition to all other remedies, immediately obtain and enforce injunctive relief prohibiting the breach or compelling specific performance. No bond or other security will be required in obtaining such equitable relief.

 

11. GENERAL PROVISIONS

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11.1 RELATIONSHIP OF THE PARTIES

No agency, partnership, joint venture, or employment relationship is created or exists between you and Mama Sue Wellness or our affiliates unless expressly stated in another agreement.

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11.2 WAIVERS

The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. For any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

 

However, such waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein.

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11.3 ENTIRE AGREEMENT

These Terms constitute the full agreement in respect of your use of the Service, and supersede any other communication, understanding or agreement between you and Mama Sue Wellness concerning the Service.

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11.4 SEVERABILITY

If any provision of these Terms is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms will otherwise remain in full force and effect.

 

11.5 ASSIGNMENTS

You may not assign or transfer the Terms or any licenses and rights discussed herein. Any attempt by you to assign, transfer, delegate or sublicense the Terms, or any part thereof, without such consent will be null and void. We may assign, transfer, delegate or sublicense the Terms or any licenses and rights discussed herein, at our sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

11.6 FORCE MAJEURE

Neither of the parties hereto will be deemed to be in violation or breach of contract if performance of the obligations required by the Terms is delayed or rendered impossible because of any natural disaster, war, terrorist act, earthquake, fire, thunder, lightning, typhoon, tsunami, hurricane, flood, strike, sickness, accident, civil commotion, epidemic, pandemic, including the COVID-19 pandemic, act of government, act of God, rebellion, revolution, riots, explosion, marine accident, strike, lockout, labor dispute, shortage or regulation of energy supply or materials, or other unforeseen event that is beyond the control of either party hereto.

 

11.7 NOTICES

All notices we are required to give you may be delivered electronically by email or through the Service. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address or the email address that is linked to your user profile. Notices we send you will be deemed delivered when emailed or transmitted by us.

 

All notices, approvals, requests or demands you make to Glass House Farms, shall be in writing, and shall be sent by express courier as follows:

 

Glass House Group
℅ Legal Department
3645 Long Beach Blvd.
Long Beach, CA 90807

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11.8 ALL RIGHTS RESERVED

All rights not expressly granted to you herein are reserved and not waived. We reserve the right to enforce our rights to the fullest extent permitted under the laws of any relevant jurisdiction, including criminal prosecution where available.