Terms of Use

Last Updated: September 21, 2026

These terms of use (“Terms of Use”) apply to your access to, and use of, the services of Mackenzie Limited and its subsidiaries and affiliated companies/brands (collectively, “Company”, “us”, “our” or “we”), including without limitation the applications and website available at https://www.mackenzieltd.com (the “Website”) or engage with us in other related ways (collectively, the “Services”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Mackenzie Limited, or its affiliates and/or partners, for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf.

1. ACCEPTANCE OF TERMS OF USE

These Terms of Use set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand, and fully agree to be legally bound by these Terms of Use and our Privacy Policy.

If you do not agree to these Terms of Use and Privacy Policy, please do not use the Services, and promptly exit the Services.

Mackenzie Limited may, in its sole discretion and on a prospective basis, change these Terms of Use from time to time on a prospective basis, and modify, add, or discontinue any aspect, content or feature of the Services. Your continued use or access of the Services following the posting of any changes to these Terms of Use constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms of Use would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms of Use being deemed illusory or unenforceable. For material changes, we will provide notice via the Services and/or email where available. Material changes will take effect prospectively. If you do not wish to agree to the updated Terms of Use, you must stop using the Services before the effective date.

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN SECTION 18, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 18 CAREFULLY.

2. PERMITTED USE; SECURITY

Our Services are for your personal and non-commercial use. The Services contain material that is derived in whole or in part from material supplied and owned by Mackenzie Limited and other sources. Such material is protected by copyright, trademark, and other applicable laws. Unless otherwise agreed to in writing by Mackenzie Limited, you agree that you will not use the Services, or duplicate, download, publish, modify, or otherwise distribute or use any material on the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Services other than the home page (for example, “deep linking”), without Mackenzie Limited’s prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering. You also agree not to access the Services through any means other than publicly documented interfaces provided by Mackenzie Limited, and not to circumvent or attempt to circumvent any access control, rate limiting, robots.txt, or other technical measures we employ to protect these Services.

We have implemented reasonable and appropriate security measures designed to protect the information provided through and/or maintained on the Services. When using the Services, information will be transmitted over the Internet, a medium that is beyond the control of Mackenzie Limited. You are responsible for using appropriate technical safeguards to secure your devices used to access the Services, such as up-to-date software and virus protection. You are responsible for your devices, including computers, laptops, and mobile devices used to access the Services.

3. YOUR ACCOUNT

If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. To create an account, users must be 18 years of age or older. If you are under the age of 18, you may use Mackenzie Limited only with the involvement of a parent or guardian. Mackenzie Limited reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

It is a condition of your use of the Services that you do not:

  • Interfere with any other user in using and enjoying the Services;

  • Collect information about other users or third parties via the Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;

  • Engage in the systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory, without Mackenzie Limited’s prior written consent;

  • Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;

  • Attempt to gain unauthorized access to other computer systems or networks connected to the Services;

  • Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of any ratings or reviews of any service or product that may be presented by the Services;

  • Provide fictitious information or conceal your identity or location, including, but not limited to, in an attempt to circumvent limits associated with promotional or other offers;

  • Use the Services for unlawful purposes; or

  • Use the Services to commit an act of deception, fraud, or abuse or violation of the Company’s terms.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Services or any activity being conducted on the Services. You agree to defend, indemnify, and hold us harmless from and against all third-party claims, damages, and expenses (including without limitation reasonable attorneys’ fees) against or incurred by us arising out of your breach of these Terms of Use or violation of applicable law, or your use or access of the Services, in each case to the maximum extent permitted by applicable law.

4. MOBILE TERMS & CONDITIONS

Mackenzie Limited offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by text message (the “Service”) on 1-410-660-2163. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Mackenzie Limited is headquartered at 10711 Red Run Blvd, Ste 115 Owings Mills, MD 21117.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. Only United States mobile numbers are eligible to participate. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Mackenzie Limited reserves the right to stop offering the Service at any time with or without notice. Mackenzie Limited also reserves the right to change the short code, phone number, or RCS agent from which messages are sent, and we will notify you when we do so.

By opting into the Service, you:

  • Authorize Mackenzie Limited to send recurring text messages, which may be automated or AI-generated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in) at any time and frequency.

  • Acknowledge that you do not have to agree to receive messages as a condition of purchase.

  • Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

  • Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, call 1-877-867-6851 or email info@mackenzieltd.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 1-410-660-2163, the timing and frequency of messages may vary based on your interactions and initiated texts. You may receive alerts about:

  • Sale promotions

  • Event information

  • Product launch announcements

  • Cart reminders

  • Back in stock alerts

  • Price drop alerts

  • Low inventory alerts

Forwarded Messages or Referrals

If you forward or share links contained in text messages from Mackenzie Limited, any interactions with those links (including clicks, sign-ups, or browsing activity) may trigger notifications or follow-up messages sent to you. Standard message and data rates may apply.

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Mackenzie Limited may add or remove any wireless carrier from the Service at any time without notice. Mackenzie Limited and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Mackenzie Limited, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 1-410-660-2163 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Mackenzie Limited. You can also contact us at 1-877-867-6851 or info@mackenzieltd.com. These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 1-410-660-2163. This will provide you with our customer care information at 1-877-867-6851 or info@mackenzieltd.com.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

Disputes; Arbitration and Class Action Waiver

By enrolling in the Service, you agree that any dispute or claim arising out of or relating to the Service, the messages you receive, or your enrollment, including any claim under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. or any state telephone solicitation or telemarketing law, will be resolved by individual binding arbitration, and that you and Mackenzie Limited are each waiving the right to a jury trial and the right to participate in any class, collective, or representative proceeding. See Section 18 (Arbitration and Class Action Waiver) of these Terms of Use for the complete terms, including the informal resolution process and your right to opt out within thirty (30) days.

5. USER CONDUCT AND SUBMISSIONS

You are responsible for your use of the Services, and for any consequences thereof.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms of Use, or in violation of applicable law.

You agree not to, and will not assist, encourage, or enable others to, use the Services to: (i) violate these Terms of Use or any of our or our licensors’ rights or use the Services and/or Content (as defined below) to violate the rights of any third party, such as copyright or trademark right, or in any way that harms our business, our service providers, licensors, representatives, or any other user, or breaches any policy or notice on the Services; (ii) copy, modify, adapt, translate, reproduce, distribute, display, or provide access to any portion of the Services and/or Content; (iii) create derivative works from, adaptations of, decompile, disassemble, reverse engineer or in any way exploit, in whole or in part, except as expressly authorized by the applicable rights holder, any portion of the Services and/or Content; (iv) modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the information in whole or in part, except as expressly authorized by the applicable rights holder; (v) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or in or on any Content; (vi) harvest or collect email addresses or other contact information of other users by electronic or other means, or contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication; (vii) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services; (viii) upload to or distribute through the Services any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer; (ix) attempt to gain unauthorized access to any parts of the Services or any user accounts, or any of the Services’ computer systems or networks; (x) use automated queries or scripts (including, without limitation, by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the Services and/or the Content) without Mackenzie Limited’s prior express written permission; (xi) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity (including Mackenzie Limited); (xii) solicit passwords or personally identifying information for commercial or unlawful purposes from anyone; (xiii) intimidate or harass another; (xiv) assist, encourage or enable others to do any of the preceding prohibited activities; or (xv) violate any applicable law.

Certain portions of the Services may allow users to submit, upload, post, share, or otherwise transmit photos, audio, video and other media, files, data, commentaries, suggestions, comments, feedback, reviews, audio, video or other content (“Content”) in posts, public or private messages to us and/or the public, or other similar transmission.

If you submit, upload, post, share or otherwise transmit any Content, you agree not to use the Services to upload, post, share, or otherwise transmit any Content that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, contains explicit sexual content (including nudity) or harmful, or that could encourage criminal or unethical behavior; (b) violates, infringes, threatens, abuses, harasses or invades the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property or proprietary right of any person or entity; (c) contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (e) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (f) impersonates any person or entity, including any employee or representative of Mackenzie Limited; (g) implies that your Content is in any way sponsored or endorsed by Mackenzie Limited, except with our prior written consent; or (h) violates any applicable law or these Terms of Use.

You expressly acknowledge that no Content you submit, upload, post, share or otherwise transmit shall be treated as confidential, that you alone are responsible for your Content (including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure of information that makes you personally identifiable), and once published, your Content cannot always be withdrawn. Furthermore, you represent and warrant that you have the legal right and authorization to provide your Content for use as set forth herein and required by us.

All your Content must comply with these Terms of Use, and we reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit, or remove any Content that is submitted, uploaded, posted, shared or otherwise transmitted to the Services. You acknowledge that we do not verify, adopt, ratify, or sanction your Content, and you agree that you must evaluate and bear all risks associated with our use of your Content or our reliance on the accuracy, completeness, or usefulness of your Content. By submitting Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and publicly display such Content in connection with operating, improving, and promoting the Services, and to comply with legal obligations. To the extent permitted by law, you waive any moral rights or rights of attribution with respect to your Content. This license continues for as long as your Content is protected by intellectual property rights, unless required to end earlier by applicable law or you delete your Content from the Services (subject to reasonable backup, archival, or legal retention). For the avoidance of doubt, and to capture rights granted under our prior terms, this license is also granted on a perpetual basis to the maximum extent permitted by applicable law and includes the right (but not the obligation) for Mackenzie Limited and its designees to identify you as the author of any submission by name, email address, or screen name as we deem appropriate. 

6. COPYRIGHTS

Mackenzie Limited respects the intellectual property rights of others and expects users of the Services to do the same. We do not host user‑uploaded media (for example, photos or videos), and user contributions are limited to moderated comments. You agree not to upload, post, transmit, or otherwise make available any content that infringes any third party’s intellectual property or other proprietary rights. Mackenzie Limited may, in its sole discretion, remove or disable access to content alleged to be infringing and may suspend or terminate access to the Services for users who Mackenzie Limited believes are or may be repeat infringers.

If you believe that material available on or through the Services infringes your copyright, please notify us by calling us at 1-877-867-6851. We do not undertake any obligation to remove content, take any particular action, or make legal determinations regarding infringement, and any actions taken by us are voluntary and without admission of liability. We may remove or disable access to material in its discretion without admitting that the material is infringing.

7. INTELLECTUAL PROPERTY

Mackenzie Limited grants you a limited, revocable, nonexclusive, and nontransferable license to access and make personal, non-commercial use of this Website and Services. Except for page caching, you may not download, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transmit, or otherwise exploit this Website, the Services, or any portion thereof without our express written consent.

This license strictly excludes: any resale or commercial use of the Website or its contents; any collection or use of product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading, copying, or other use of account information for the benefit of another merchant; and any use of data mining, robots, spiders, or similar data gathering or extraction tools. The Website, the Services, or any part thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 

You may not frame or use framing techniques to enclose any trademark, logo, service mark, trade name, or other proprietary information (including images, text, page layout, or form) of Mackenzie Limited without express written consent. You may not use meta tags or any other “hidden text” that uses Mackenzie Limited’s name, marks, or logos without express written consent. Any unauthorized use automatically terminates the license granted by Mackenzie Limited.

Mackenzie Limited owns all right, title and interest in and to the Services and all materials, features, and content made available through the Services, including, without limitation, Website design, logos, button icons, images, digital downloads, data compilations, text, and graphics which are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited. All rights not expressly granted in these Terms of Use are reserved by us.

Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Services solely for personal use. Any other use of materials on the Services, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written consent of Mackenzie Limited is strictly prohibited.

Mackenzie Limited’s names, logos, service marks, and trademarks may not be used in connection with any product or service that is not provided or authorized by Mackenzie Limited, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mackenzie Limited.

8. CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION

The Website and the Services are intended for a general audience 18 years of age or older. By using the Services, you represent and warrant that you are at least 18 years old. If you are under the age of 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use on your behalf. If you do not meet these requirements, you must not use the Services and should promptly exit the Services. We do not direct the Services to children under the age of 13 and do not knowingly solicit information from, market to, or collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete that information. For additional information on our practices concerning the privacy of children (including requirements applicable to teens), please see our Privacy Policy. 

Pursuant to 47 U.S.C. Section 230(d) as amended, Mackenzie Limited hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation website located at http://www.eff.org.

9. USE OF DISCOUNT OFFERS & COUPONS

Use of Mackenzie Limited or Mackenzie Limited Catalog coupons or discount offers are subject to certain terms, conditions, and restrictions including, but not limited to, one coupon or discount offer per order, not valid with any other offer, void if transferred or reproduced, and no cash value. 

10. DISCLAIMER OF WARRANTIES

While Mackenzie Limited uses reasonable efforts to include up-to-date information on the Services, Mackenzie Limited makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. We attempt to be as accurate as possible, however, we do not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

MACKENZIE LIMITED PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MACKENZIE LIMITED, ITS AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “MACKENZIE LIMITED PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MACKENZIE LIMITED DOES NOT WARRANT THAT THE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICES ARE SOLELY AT YOUR RISK.

YOU ACKNOWLEDGE AND AGREE THAT NEITHER MACKENZIE LIMITED NOR ANY PARTICIPANT ON THE SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND, AND ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE USED OR RELIED UPON SOLELY AT YOUR OWN RISK.

11. EXCLUSION OF DAMAGES

NONE OF THE MACKENZIE LIMITED PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF MACKENZIE LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE MACKENZIE LIMITED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, MACKENZIE LIMITED WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE OR (2) CONTENT POSTED TO THE SERVICES BY YOU OR ANY THIRD PARTY.

12. LIMITATION OF LIABILITY

IN NO EVENT WILL THE MACKENZIE LIMITED PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE AND SERVICES OR THESE TERMS OF USE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO MACKENZIE LIMITED IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS OF USE LIMITS LIABILITY FOR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR WHERE SUCH LIMITATION IS PROHIBITED BY LAW. 

13. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, MACKENZIE LIMITED’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

14. THIRD PARTY WEBSITES AND FUNCTIONALITIES

THE THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY MACKENZIE LIMITED. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES (“THIRD PARTY TOOLS”) THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, MACKENZIE LIMITED MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICES OF A LINK TO A THIRD-PARTY SERVICE OR WEBSITE, OR INCLUSION OF A THIRD-PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY MACKENZIE LIMITED. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR SITES, OR THIRD-PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY WEBSITES OR SERVICES OR THIRD-PARTY TOOLS. REPRESENTATIONS REGARDING THIRD-PARTY PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY THE THIRD PARTIES’ TERMS AND POLICIES, AND MACKENZIE LIMITED IS NOT RESPONSIBLE FOR YOUR DEALINGS WITH ANY THIRD PARTY.

Some posts and pages on the Website contain affiliate links. If you click a link and make a purchase from a third party, we may earn a commission. Sponsored content will be clearly identified as such. We make these disclosures to comply with applicable Federal Trade Commission guidelines. Purchases you make from third parties are solely between you and the applicable third-party and are governed by that third-party’s terms and policies; Mackenzie Limited is not responsible for third-party products, services, or transactions. 

15. INDEMNIFICATION

You agree to indemnify and hold harmless the Mackenzie Limited Parties, and at Mackenzie Limited’s option defend the Mackenzie Limited Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Mackenzie Limited Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms of Use, or the infringement by you, or any other subscriber or user of your Account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Mackenzie Limited Parties, Mackenzie Limited may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise, or in any other manner dispose of any Claim without the written consent of Mackenzie Limited.

16. TERMINATION

In its sole and absolute discretion, with or without notice to you, Mackenzie Limited may suspend or terminate your use of and access to the Services, terminate your Account (if applicable) and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification; (ii) permitting another person or entity to use your user identification to access the Services; (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms of Use; (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; (vi) failure to use the Services on a regular basis; or (vii) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. Mackenzie Limited shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Mackenzie Limited may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Mackenzie Limited. 

17. GENERAL

These Terms of Use and the relationship between you and Mackenzie Limited shall be governed by the laws of the United States and the State of Maryland without regard to its conflict of law provisions. Subject to Section 18 (Arbitration and Class Action Waiver) below, and other than small claims actions and public injunctive relief claims as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in Baltimore County, Maryland and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. Licensors of Mackenzie Limited Services are third party beneficiaries to these Terms of Use. No failure or delay by Mackenzie Limited in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these Terms of Use, our Privacy Policy, or other Mackenzie Limited Transactions or Relationships (as defined below) must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where a longer limitations period is required by applicable law. The paragraph or section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged. These Terms of Use are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You shall not assign your rights or obligations hereunder without Mackenzie Limited’s prior written consent. Mackenzie Limited may assign these Terms, in whole or in part, and any of its rights or obligations hereunder without restriction.

18. ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS. IT REQUIRES YOU AND MACKENZIE LIMITED TO RESOLVE DISPUTES BY INDIVIDUAL BINDING ARBITRATION AND WAIVES CLASS, COLLECTIVE, CONSOLIDATED, AND REPRESENTATIVE PROCEEDINGS. YOU MAY OPT OUT OF THIS SECTION 18 WITHIN 30 DAYS AS DESCRIBED IN SECTION 18.9.

18.1 Scope of This Section.

You and Mackenzie Limited agree that any dispute, claim, or controversy arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy, our Mobile Terms and Conditions, your use of or interaction with the Services, any purchase or other transaction or relationship with Mackenzie Limited, any marketing communication you receive from or on behalf of Mackenzie Limited, or any data or information you provide to Mackenzie Limited or that Mackenzie Limited or its service providers collect (collectively, “MACKENZIE LIMITED Transactions or Relationships”) will be resolved as set forth in this Section 18.

This agreement to arbitrate is intended to be interpreted broadly. It expressly includes, without limitation, claims arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its implementing regulations; the CAN-SPAM Act; any state telephone solicitation, telemarketing, do-not-call, automatic dialing, caller identification, wiretapping, session recording, or consumer protection statute, including the Florida Telephone Solicitation Act, Fla. Stat. § 501.059, and the Maryland Consumer Protection Act; and any claim relating to cookies, pixels, tags, software development kits, or other tracking or analytics technologies used on the Services, whether brought under statute, regulation, common law, or any equitable theory. It applies to claims that arose before, on, or after the date you first accepted these Terms of Use, to the fullest extent permitted by law.

The rights and obligations of Mackenzie Limited under this Section 18 extend to and may be enforced by its parent companies, subsidiaries, affiliates, owners, officers, directors, employees, agents, successors, assigns, and the service providers that send communications or provide website functionality on its behalf, whether or not any of them is named as a co-defendant or named individually in a claim that would otherwise be subject to this Section 18 if brought against Mackenzie Limited.

18.2 Informal Resolution Is Required First.

Before commencing an arbitration or any other proceeding, the party raising a dispute must first give the other party a written Notice of Dispute and the parties must attempt in good faith to resolve the dispute informally for at least sixty (60) days.

A Notice of Dispute sent by you must be individual to you and must be personally signed by you, and not signed solely by counsel or submitted as part of a batch or form filing on behalf of multiple consumers. It must state your full name, the mailing address, email address, and mobile telephone number associated with the dispute, a description of the specific facts giving rise to your claim, the specific relief you are seeking, and a good faith calculation of the amount in controversy. Send your Notice of Dispute by mail to Legal Department, Mackenzie Limited, 10711 Red Run Blvd, Ste 115, Owings Mills, MD 21117 and by email to info@mackenzieltd.com. Mackenzie Limited will send any Notice of Dispute to the most recent mailing address or email address it has for you.

If either party requests it, both parties must participate in at least one individualized settlement conference by telephone or videoconference during the sixty (60) day period. You must personally participate in that conference, and counsel for either party may also participate.

All applicable statutes of limitations, filing deadlines, and administrative fee deadlines are tolled while the parties engage in this informal resolution process. Compliance with this Section 18.2 is a condition precedent to commencing arbitration. Either party may bring an action in a court of competent jurisdiction to enforce this requirement, and an arbitrator may not be appointed and no arbitration filing fee is payable until this requirement has been satisfied.

18.3 Agreement to Arbitrate; Governing Rules.

If the informal resolution process does not resolve the dispute, the dispute will be resolved exclusively by final and binding individual arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) under the JAMS Comprehensive Arbitration Rules and Procedures or, where applicable by their terms, the JAMS Streamlined Arbitration Rules and Procedures, together with the JAMS Consumer Arbitration Minimum Standards and the JAMS Mass Arbitration Procedures and Guidelines, each as in effect at the time the Arbitration is commenced (collectively, the “Applicable Rules”). The Applicable Rules are available at www.jamsadr.com and are incorporated by reference.

You and Mackenzie Limited agree that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), governs this Section 18, including all questions of whether a dispute is subject to arbitration. If JAMS is unavailable or unwilling to administer the Arbitration consistent with this Section 18, the parties will select an alternative administrator by agreement or, failing agreement, a court of competent jurisdiction will appoint one under 9 U.S.C. § 5.

18.4 Class Action and Jury Trial Waiver.

YOU AND MACKENZIE LIMITED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, EXCEPT AS EXPRESSLY PROVIDED IN THE BATCHING PROCESS IN SECTION 18.6. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THAT PARTY’S INDIVIDUAL CLAIM. YOU AND MACKENZIE LIMITED EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

18.5 The Class Action Waiver Is Not Severable.

The class, collective, and representative action waiver in Section 18.4 is a material and non-severable part of this Section 18. If the waiver in Section 18.4 is found to be unenforceable or invalid as to a particular claim or request for relief, then that claim or request for relief, and only that claim or request for relief, must be brought in a court of competent jurisdiction in Baltimore County, Maryland, and this Section 18 will not apply to it. All other claims and requests for relief remain subject to Arbitration under this Section 18. Under no circumstances will a class, collective, consolidated, or representative proceeding be arbitrated.

18.6 Coordinated and Mass Filings.

If twenty-five (25) or more demands for Arbitration that raise substantially similar claims are filed against Mackenzie Limited within a period of ninety (90) days by or with the assistance or coordination of the same law firm, group of law firms, or organization, the parties agree that the JAMS Mass Arbitration Procedures and Guidelines apply and that the demands will be administered as follows. Claims are “substantially similar” if they arise out of or relate to the same or similar facts or conduct, raise similar legal issues or causes of action, and seek similar relief.

(a) JAMS will group the demands into batches of no more than fifty (50) claimants each. Each batch is treated as a single consolidated Arbitration with one arbitrator, one set of filing and administrative fees per side, one procedural calendar, one hearing if any, and one final award.

(b) The first two batches will proceed as bellwether proceedings, with each side selecting an equal number of claimants for inclusion. All remaining demands are stayed and no filing or administrative fees are payable on them while the bellwether proceedings are pending. All applicable statutes of limitations and filing deadlines are tolled for the stayed demands during the stay.

(c) After the bellwether awards are issued, the parties and their counsel will participate in a global mediation of the remaining demands before a mediator selected through JAMS, with the mediator’s fees shared equally. Any demand not resolved in that mediation will then be administered in batches as described above.

(d) If the parties disagree about whether this Section 18.6 applies, JAMS will appoint a single process arbitrator to decide that question, whose fees will be shared equally, and who may prescribe procedures reasonably necessary to resolve the disagreement. This Section 18.6 does not authorize a class, collective, or representative arbitration.

18.7 Arbitration Procedure.

(a) The Arbitration will be conducted by a single arbitrator selected under the Applicable Rules or by mutual agreement of the parties (the “Arbitrator”).

(b) At your election, the Arbitration will be seated in the county where you reside or in Baltimore County, Maryland. If the amount in controversy does not exceed $25,000, the Arbitration will be conducted solely on the documents the parties submit, unless a party requests a hearing or the Arbitrator determines a hearing is necessary. Any hearing may be conducted by telephone or videoconference.

(c) The Arbitrator will apply the internal laws of the State of Maryland consistent with the FAA and applicable statutes of limitations, or, to the extent federal law prevails, the law of the United States, in each case without regard to conflict of law principles. The Arbitrator will entertain any dispositive motion consistent with the Maryland Rules or the Federal Rules of Civil Procedure as applicable, will honor claims of privilege recognized at law, and may award any form of individual legal or equitable relief that a court could award on an individual claim, including statutory damages and attorneys’ fees where authorized by statute.

(d) The Arbitrator will issue a written award supported by a statement of decision setting forth the findings of fact and conclusions of law on which it is based. The award is final and binding, subject to the limited review available under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

18.8 Fees and Costs.

Each party is responsible for its own attorneys’ fees and the costs of its own experts and witnesses, except where a statute or the Applicable Rules provide otherwise. Filing, administrative, and arbitrator fees will be allocated in accordance with the Applicable Rules, including the JAMS Consumer Arbitration Minimum Standards where they apply. Where those standards apply and you have complied with Section 18.2, your share of the filing fee will not exceed the amount you would pay to file the claim in a court of competent jurisdiction, and Mackenzie Limited will pay the remainder of the JAMS filing, administrative, and arbitrator fees. If the Arbitrator determines that a claim or a defense was frivolous or was brought for an improper purpose, the Arbitrator may reallocate fees and costs to the extent permitted by the FAA and the Applicable Rules. Any written settlement offer that a party rejects may be considered by the Arbitrator in allocating costs to the extent permitted by law.

18.9 Your Right to Opt Out.

You may opt out of this Section 18 by sending written notice within thirty (30) days after the date you first accept these Terms of Use, or, if you accepted these Terms of Use before the effective date of this Section 18, within thirty (30) days after that effective date. Your notice must be personally signed by you, must state your full name, mailing address, and the email address and mobile telephone number associated with your account or subscription, and must state clearly that you are opting out of the arbitration provision. Send it by mail to Legal Department, Mackenzie Limited, 10711 Red Run Blvd, Ste 115, Owings Mills, MD 21117 or by email to info@mackenzieltd.com. An opt-out notice submitted on behalf of multiple consumers, or submitted in a form or batch manner, is not valid. Opting out of this Section 18 does not affect any other provision of these Terms of Use, and it will not affect your ability to use the Services or to participate in our email or text message programs.

18.10 Exceptions.

(a) Either party may bring an individual action in a small claims court of competent jurisdiction, so long as the action remains in that court and is brought and maintained on an individual basis.

(b) Either party may seek provisional or injunctive relief in aid of arbitration, and either party may bring a court action for infringement or misappropriation of intellectual property rights.

(c) Nothing in this Section 18 prevents you from reporting a concern to a federal, state, or local agency, and such an agency may, if the law allows, seek relief against Mackenzie Limited on your behalf.

(d) If a claim seeks public injunctive relief and applicable law prohibits the waiver or arbitration of that claim, then that request for public injunctive relief alone is severed from the Arbitration and stayed pending the conclusion of the Arbitration of all other claims, and it will then be brought only in a court of competent jurisdiction in Baltimore County, Maryland.

18.11 Delegation.

The Arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of these Terms of Use and of this Section 18, including any claim that all or any part of these Terms of Use is void or voidable. The following questions are decided exclusively by a court and not by the Arbitrator: the enforceability of the class action waiver in Section 18.4, the application of Section 18.5, and whether the condition precedent in Section 18.2 has been satisfied.

18.12 Changes to This Section; Survival.

Mackenzie Limited may modify this Section 18, but any modification becomes effective only thirty (30) days after notice of the modification is given and applies only prospectively, to claims arising from MACKENZIE LIMITED Transactions or Relationships occurring after the effective date of the notice. If you do not agree to a modification, you may opt out of the modified Section 18 within thirty (30) days after notice is given, using the process in Section 18.9. This Section 18 survives the termination of these Terms of Use, the closing of your account, and your cancellation of any email or text message subscription.

19. RISK OF LOSS

Mackenzie Limited shall make all commercially reasonable efforts to maintain the availability of the Services, however Mackenzie Limited will not be responsible for any damage or losses related to any system errors or interruptions affecting the Services. You accept that the Services could become unavailable unexpectedly as a result of circumstances beyond Mackenzie Limited’s control or routine maintenance. Moreover, the Services may be terminated at any time for any reason without advance notice. All decisions by Mackenzie Limited regarding the Services are final. Without limiting the foregoing, you agree that we have the right to modify or discontinue provision of the Services, in whole or in part, at any time, and to remove data or content you provide, either temporarily or permanently, with or without notice, and without liability of any kind to you. We will not be responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information. 

20. GOVERNING LAW

These Terms, and your access to and use of the Website and Services, as well as any dispute, claim, or controversy arising out of or relating to them, will be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict-of-law rules or principles (whether of Maryland or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. Except as provided in Section 18 (Arbitration and Class Action Waiver), any dispute between the parties that is not subject to arbitration or that cannot be heard in small claims court will be resolved exclusively in the state or federal courts located in Baltimore County, Maryland, and the parties consent to the personal jurisdiction and venue of those courts.

21. CONTACT US

If you have any comments, feedback, or questions, including the resolution of a complaint regarding the Services, or if you are seeking further information regarding the Services, please contact us at: 

Mackenzie Limited

10711 Red Run Blvd. Suite 115

Owings Mills, MD 21117

Email: info@mackenzieltd.com

Ordering: 1-800-858-7100

Customer Care: 1-877-867-6851  

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.