This agreement (this “Agreement”) sets forth the terms and conditions between Taking Cara Babies, LLC, an Arizona limited liability company (the “Company”) and users (“you” or “your”) and governs your use of the Company’s website (the “Site”) and of the purchase or access of the Company’s services (“Services”).
BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, PURCHASING SERVICES, OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
The Company reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you. The Company reserves the right, in its sole discretion, to restrict, change suspend or terminate access to all or any part or aspect of the Site or Services, including the availability of any feature, database, information, or content, at any time and without prior notice or liability. Continued use of the Site or Services following posting of any changes to the terms of the Agreement constitutes your acceptance of the changes. If you do not agree with the terms of this Agreement at any time, you are required to cease use of the Site and Services. The Company encourages you to print a copy of this Agreement for your records.
The Company’s privacy policy (“Privacy Policy”) describes how the Company may use your personal information. Your acceptance of this Agreement constitutes your acceptance of the Privacy Policy, which is incorporated herein by this reference. If you object to your personal information being used as described in the Privacy Policy, please do not use or access the Site.
Your Information and Account.
(a) By using the Site and Services, you represent that you are at least 18 years of age, and of the age of legal majority in your state or country of residence if older than 18.
(b) To use portions of the Site and to purchase Services, you will be required to provide credit card, banking and/or other personal information, including personal data such as your name, phone number, and address. You agree to provide information that is true, accurate, complete, current, and not misleading.
(c) You may have the option to register with the Site to access certain resources or Services offered from time to time by the Company. You will be required to select a username and password. You are solely responsible for maintaining the confidentiality of your password and agree not to share your password or log in information with anyone outside of your immediate family member living within the same household. You agree to immediately notify the Company if you know or suspect that your account is being accessed or used without authorization. Notwithstanding the foregoing sentence, you are fully responsible for all activity on your account, including, but not limited to, use of your account by any third party. The Company reserves the right, in its sole discretion, to deny access to, or temporarily or permanently suspend your account at any time and for any reason or no reason.
Health Information. The Site and Services are not intended to diagnose, treat, cure or prevent any disease. The Site and Services are not intended to provide medical advice, diagnosis or treatment. The information on the Site, the Services, or other materials the Company may provide to you are designed for informational purposes only and are not intended to be a substitute for informed medical advice, diagnosis, treatment, or care. You should not and agree not to use any of the Company’s Services or other online classes or resources without consulting with your pediatrician or other medical professional. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. IF YOU THINK YOU MAY HAVE A MEDIAL OR PSYCHIATRIC EMERGENCY, CALL 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY. DO NOT RELY ON THE SITE OR SERVICES FOR ASSISTANCE IN SUCH CASES.
Termination. You may terminate this Agreement, with or without cause and at any time, by (i) discontinuing your use of the Site and Services, and (ii) paying the Company any and all amounts due to it. The Company may, without notice, suspend your access to the Site or Services or terminate this Agreement for any of the following reasons: (a) your failure to comply with any provisions of this Agreement; (b) your unauthorized or unlawful use of the Site; or (c) your failure to pay any and all amounts due and payable to Company. Notwithstanding the forgoing, the Company reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part or aspect of the Site or Services, at any time and without prior notice or liability. Upon termination of this Agreement for any reason, the Company shall have no continuing obligation to you.
Service Orders.
(a) Certain Services may be available exclusively online through the Site. These Services may have limited registration slots. The Company reserves the right to limit the quantities of any Services that the Company offers. All descriptions of Services, pricing and availability are subject to change at any time without notice, in the Company’s sole and absolute discretion. The Company reserves the right to discontinue any Services at any time. All Services are intended for your personal, non-commercial use and you agree not to share the Services with any friends or family members other than immediate family residing in the same house.
(b) The Company reserves the right to refuse any order you place with the Company at any time and for any reason in the Company’s sole and absolute discretion. The Company may, in its sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. 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 the Company makes a change to or cancels an order, the Company may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
Prices, Taxes, and Non-Refundable.
(a) All prices displayed on the Site are quoted in U.S. Dollars. If you order any Services through the Site, you are agreeing to pay the amounts confirmed in your order and that the Company may charge you for such amounts. You can make payment by credit card or other methods offered by the Site. Prices for Services are subject to change at any time. Late payments will accrue interest at the rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
(b) If you have purchased telephone consultations from the Company, the Company will make three attempts to contact you (using a blocked/private number) at the telephone number you provided to the Company or other specified method. If you do not answer after the third attempt, your phone consultation will be cancelled (a “No Show”) and you will only be eligible for a refund of one-half of the cost of your paid consultation. A No Show for a repaid telephone consultation is not eligible for any refund. If you are unsatisfied with the Services provided by the Company, you must notify the Company within 30 days of your purchase and the Company will refund the amount you paid. To obtain any refund, you will be required to provide your payment receipt and any other materials requested by the Company. Gift cards are not eligible for refund. If you have violated any of the terms of this Agreement, you forfeit your right to any refund. These are your sole remedies if you are dissatisfied with the Services or for a No Show. Except as specifically provided in this section, all payments are non-refundable.
Payment. Amounts due from you may be paid by authorized credit card (your “Card”). The Company uses a third party credit card processor to process the fees owed by you. You agree that the credit card processor, and not the Company, will be responsible for any errors by the credit card processor in processing fees. When you provide your Card information, you represent and warrant that you are permitted to use the Card and that all Card information and billing information is current, correct, and complete. If you have any question about a charge on your Card, provide written notice to the Company. You agree that you will not exercise and unconditionally waive any chargeback rights you may have by use of your Card. If you deliberately or inadvertently issue a chargeback to your credit card, your account will be terminated and you agree to pay the Company’s standard processing and collection fee.
Third Party Websites. As you use the Site and Services, you may encounter windows and links that take you to web pages or websites of other companies to make their products and services available to you or to enable you to communicate directly with those companies. Your use of such web pages or websites, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website. The Company does not endorse, and takes no responsibility for such products, services, websites, and materials. The Company is not responsible for and has no liability for the privacy or other practices of any such third party. The Company recommends that you review the privacy policies of each website you visit.
Exchange of Information. The communications between you and the Company use electronic means, whether you use the Site or send the Company emails, or whether the Company posts notices on the website or communicates with you via email. For contractual purposes, you (i) consent to receive communications from the Company in an electronic form, and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. The Company does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.
Mobile Services. When you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Site must be in accordance with the usage rules established by your mobile device platform or service provider.
Content. Information, software, text, photographs, graphics, links and other material (collectively, the “Content”) provided on the Site and Services are protected by copyright, trademark or other proprietary rights of the Company or third parties. Except as required to use the Site or Services, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law. Access to and use of the Site or Services does not authorize you to use any name, logo or mark of the Company in any manner. You may not use meta tags or other hidden text utilizing the Company’s name or trademarks without the express prior written consent of the Company.
Restricted Use. You are prohibited from violating or attempting to violate the security of the Site or Services, or otherwise abusing the Site or Services. The framing, mirroring, scraping or data-mining of the Site or Services or any of its content in any form and by any method is strictly prohibited. You may not access the Site or Services through spiders, robots or any other software programs or electronic means that perform multiple, automated, successive queries. You may not use any collaborative browsing or display technologies in connection with your use of the Site or Services. You agree not to use the Site or Services for any illegal purpose, in violation of any law or regulation, or in any manner inconsistent with this Agreement. You agree not to input, distribute, upload, post, transmit or otherwise make available any content or data through the Site or Services that: (i) is confidential; (ii) is unlawful, improper, abusive, harassing, libelous, defamatory, obscene, pornographic, threatening or otherwise objectionable; (iii) you are not authorized or have the right to make available; (iv) violates the rights of others, such as content that infringes any patent, trademark, trade secret, copyright, other proprietary rights or violates any right of privacy or publicity; (v) violates the property rights of others; (vi) offends the community standards of users of the Site or Services; (vii) contains software viruses or any other computer code, files or programs designed to work around any technical limitations in the Site or Services or that would interfere with the proper working of the Site or Services; or (viii) otherwise violates any applicable law. Violations of this Section may result in civil or criminal liability.
Submissions.
(a) Comments. All comments, feedback, suggestions, ideas, and other submissions (“Comments”) disclosed, submitted or offered by you related to the Site or Services shall be owned by the Company and by such disclosure, submittal or offer you assign all rights therein to the Company.
(b) No Obligation To Monitor. The Company is under no obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments. The Company may, but is under no obligation to, pre-screen or monitor the Comments. The Company has the right in its sole discretion to remove any Comments that, Company feels do not comply with this Agreement, along with any Comments that are otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. Notwithstanding the foregoing, the Company is not responsible for any delay or failure in removing such Comments. The Company does not assume any liability for any content of the Comments.
Copyright Infringement. If you believe that your work has been copied and used on the Site or Services in a way that constitutes copyright infringement, please provide the Company’s designated Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
The Company’s Copyright Agent for Notice of claims of copyright infringement can be reached at:
Copyright Agent
Telephone: (402) 780-1181
Email: legal (at) takingcarababies.com
Only notices under that Digital Millennium Copyright Act (17 U.S.C. § 512, et seq.) should be submitted to the Copyright Agent. The Company cannot take any action with respect to any take down request unless the notice includes all of the information requested.
DISCLAIMER OF WARRANTIES.
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE AND SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION.
THE COMPANY MAKES NO GUARANTY AS TO THE RESULTS FROM USE OF ITS SERVICES. THE SITE AND THE SERVICES ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE, SERVICES, CONTENT OR ANY OTHER INFORMATION AVAILABLE THROUGH THE SITE OR SERVICES. NOR DOES THE COMPANY GUARANTEE THAT THE SITE OR SERVICES WILL BE TYPOGRAPHICAL-ERROR-FREE, ERROR-FREE, OR CONTINUOUSLY AVAILABLE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE SITE OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. ADDITIONALLY, THE COMPANY DOES NOT WARRANT THE ACCURACY OF CUSTOMER RATINGS, COMMENTS OR FEEDBACK.
LIMITATION OF LIABILITY.
IF YOU BECOME DISSATISFIED WITH THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THIS AGREEMENT AND THE SITE OR SERVICES WOULD NOT BE PROVIDED AT THIS RATE WITHOUT SUCH LIMITATION.
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES CONTRACTORS, AGENTS, SUCCESSORS, AND/OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA, HOWEVER CAUSED, ARISING FROM OR RELATED TO THE SITE, CONTENT, SERVICES, OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED OR IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE OR WHETHER SUCH LIABILITY, LOSS OR DAMAGE WAS FORESEEABLE. IN NO EVENT SHALL THE COMPANY’S, OR ITS AFFILIATES’, AND EACH OF THEIR RESPECTIVE MANAGERS’, MEMBERS’, DIRECTORS’, OFFICERS’, EMPLOYEES’, CONTRACTORS’, AGENTS’, SUCCESSORS’, AND/OR ASSIGNS’, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING OR USING THE SITE OR PURCHASING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS, SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND/OR ASSIGNS, EXCEED $100. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITATION AND REMEDIES ARE REASONABLE.
BY ACCESSING THE SITE AND SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES SUBSTANTIALLY AS FOLLOWS: “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.”
Indemnification. You agree to indemnify, defend and hold the Company and its affiliates, and each of their respective managers, members, directors, officers, employees, contractors, agents, successors, and/or assigns, harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees) arising out of, based upon or resulting from (i) your use of the Site, (ii) breach of this Agreement by you, (iii) your violation of any applicable law, (iv) your infringement of the rights of any third party, (v) your use of any Services, or (vi) your Comments. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the Company’s prior written consent.
International Use and Export.
(a) The Company makes no representation that the Site or Services are appropriate or available for use in locations outside the United States. Access to the Site or Services from countries or territories where such access is illegal is prohibited. Those who choose to access the Site or Services outside the United States do so on their own initiative and are responsible for compliance with the laws of the United States.
(b) The Site and the Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from the Company, or any products or services utilizing such data, in violation of the United States export laws or regulations.
Force Majeure. The Company shall not be responsible for any failure to provide the Site or Services or delay in performing any of its obligations under this Agreement where and to the extent that such failure or delay results from an unforeseeable event beyond the Company’s reasonable control, including but not limited to: acts of war; acts of nature; earthquake; flood; embargo; riot; sabotage; labor shortage or dispute; changes in government codes, ordinances, laws, rules, regulations or restrictions; failure of the Internet; terrorist acts; failure of data, products or services controlled by any third party, including the providers of communications or network services; or utility power failure.
General Terms.
(a) This Agreement shall not be construed as creating any agency, partnership or joint venture between you and the Company.
(b) This Agreement, all intellectual property issues, and your rights and obligations are governed by the laws of the United States of America and the State of Arizona, without regarding conflicts of law provisions. If you are accessing the Site or Services from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from the United States laws, you agree that by accessing the Site or Services you are transferring your personal information to the United States and you consent to the application of the laws of the United States and the State of Arizona with respect to use of the Site or Services and any dispute regarding the Site, Services or this Agreement. You agree that any action to enforce these terms and conditions or in any manner related to the Company will be brought exclusively in the federal or state courts located in Maricopa County, Arizona and you agree to submit to the jurisdiction of such courts. You and the Company hereby expressly waive any rights to contest the jurisdiction, venue or convenience of any such federal or state court located in Maricopa County, Arizona. The prevailing party in any litigation shall be entitled to recover from the other party its reasonable attorneys’ fees (as determined by a court and not a jury) and related costs and expenses incurred as a result of the litigation in addition to such other relief as may be granted.
(c) This Agreement and the Privacy Policy constitute the entire agreement between you and the Company with respect to the use of the Site and the Services. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Site, the terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions will control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties agree that the indemnification provisions, and all such similar terms which, by their substantive intent are intended to survive termination of this Agreement, shall survive the termination of this Agreement.
(d) You shall not assign or transfer, or purport to assign or transfer, any of your rights or obligations under this Agreement without the prior written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the respective parties hereto.
(e) Except as otherwise provided in this Agreement, all notices to the Company shall be sent by email to legal (at) takingcarababies.com. Any notices sent by the Company to you shall be sent to the email address. Notice shall be deemed given twenty-four (24) hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or three (3) days after the date of mailing.
Updated July 2019
