Thank you for visiting the Happy Belly Pregnancy™ website located at
www.happybellypregnancy.com (the “Site”). The Site is an Internet
property of Spinach and Yoga Inc. (collectively, “Happy Belly
Pregnancy™,” “we,” “our” or “us”). The following Happy Belly
Pregnancy™ Terms and Conditions (“Terms and Conditions”) are inclusive
of the Happy Belly Pregnancy™ Privacy Policy (“Privacy Policy”) and
any and all other applicable operating rules, policies, price
schedules and other supplemental terms and conditions or documents
that may be published from time to time, which are expressly
incorporated herein by reference (collectively, the “Agreement”).
Each end-user visitor to the Site (“user,” “you” or “your”) agrees to
the terms of the Agreement, in their entirety, when she/he: (a)
accesses or uses the Site; (b) accesses and/or downloads any of the:
(i) Course (as defined below) material, blog posts, text, audio,
video, photographs, graphics, artwork, testimonials and/or other
content featured on the Site, including pregnancy-related content
(collectively, “Informational Content”); and/or (ii) links to third
party websites, products and/or services (“Third-Party Links,” and
together with the Informational Content, the “Content”); (c) accesses
links to Happy Belly Pregnancy’s™ social media pages/accounts
(collectively, “Social Media Pages”) on third-party social media
websites, such as Facebook®, Instagram®, Twitter® and YouTube®
(“Social Media Websites”); (d) accesses certain message boards,
comments sections, customer ratings and other interactive features of
the Site (collectively, “Interactive Services”); (e) registers to
receive the Happy Belly Pregnancy™ e-mail newsletter (“Newsletter”);
(f) enrolls, for a fee, in the Happy Belly Pregnancy™ courses, classes
and other educational programs (collectively, the “Courses”) as
offered by Happy Belly Pregnancy™ representatives, with interviews
with, and input from, third-party professionals (the “Third-Party
Professionals”); and/or (g) utilizes the various contact forms and/or
contact information made available on the Site as a means to contact
directly, or request to be contacted by, Happy Belly Pregnancy™
(collectively, the “Contact Services,” and together with the Site,
Content, Social Media Pages, Newsletter and Courses, the “Site
Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT
AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS
NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF
LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO
ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST HAPPY
BELLY PREGNANCY™, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED
PARTIES, THIRD-PARTY INSTRUCTORS, THIRD-PARTY SERVICE PROVIDERS AND
MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS
THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE
AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER
THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER
CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Instagram® and Facebook® are registered trademarks of Facebook, Inc.
(“Facebook”). Twitter® is a registered trademark of Twitter, Inc.
(“Twitter”). YouTube® is a registered trademark of Google, Inc.
(“Google”). Please be advised that Happy Belly Pregnancy™ is not in
any way affiliated with Facebook, Google or Twitter, nor are the Site
Offerings endorsed, administered or sponsored by any of the
aforementioned entities.
Disclaimers:
You acknowledge and understand that the Content, Course-related
material (including any nutritional and/or lifestyle-related advice)
and other Site Offerings have not been evaluated by the US Food & Drug
Administration (“FDA”). The Content, Course-related material and other
material made available by and through the Site Offerings: (a) are not
intended to diagnose, treat, cure or prevent any medical condition or
disease; (b) are not in any way intended as pregnancy-related medical
advice or as a substitute for pregnancy-related medical advice and/or
pregnancy-related medical treatment; and (c) should only be used in
conjunction with the guidance and care of your physician. You further
understand that the Content, Course-related material and other Site
Offerings are not intended for use by persons under eighteen (18)
years of age. You understand and agree that some of the Content and
Course-related material is obtained from independent third-party
sources, such as news agencies, scientific reports and/or
scientific/research entities (collectively, “Third-Party Sources”).
Happy Belly Pregnancy™ does not warrant or represent that such Content
and Course-related material is error-free, and Happy Belly Pregnancy™
does not represent or endorse any Third-Party Sources or the methods
that they use to arrive at their conclusions. Happy Belly Pregnancy™
does not warrant or represent that the Courses or other Site Offerings
will provide you with any particular benefits, or that your results
will match those of others who have used the Courses/Site Offerings.
Individual results will vary from person to person, and are dependent
on factors including pre-existing medical conditions, age, weight,
body chemistry, diet and exercise regimen.
You should always consult with your physician or other healthcare
professional before adopting any pregnancy-related nutritional plan,
exercise regimen, wellness program or other activity, whether featured
by and through the Content, Course-related material and/or other Site
Offerings and/or adopting any treatment for any pregnancy-related
issue and/or any health problem, whether featured by and through the
Content, Course-related material and/or other Site Offerings,
especially if you suffer from any pre-existing medical condition or
have a family history of these or other medical conditions. Your
physician should allow for proper follow-up visits and individualize
your treatment plan as appropriate. If you have or suspect that you
have a pregnancy-related medical problem (or other medical problem) as
a result of using adopting any pregnancy-related nutritional plan,
exercise regimen, wellness program or other activity, whether featured
by and through the Content, Course-related material and/or other Site
Offerings, promptly contact your health care provider. Never disregard
professional medical advice or delay in seeking professional advice
because of something that you have read on the Site or in connection
with any other Site Offerings.
The nutritional programs associated with the Content, Course-related
material and/or other Site Offerings may include meal recipes that
contain ingredients that you may be allergic to. You should always
check the ingredients in such recipes to avoid potential allergic
reactions. If you have, or suspect that you are experiencing, an
allergic reaction or other adverse health event, promptly contact your
health care provider.
1. Scope; Modification of Agreement.1. Scope; Modification of
Agreement.The Agreement constitutes the entire and only agreement
between users and Happy Belly Pregnancy™ with respect to users’ use of
the Site Offerings, and supersedes all prior or contemporaneous
agreements, representations, warranties and/or understandings with
respect to same. We may amend the Agreement from time to time in our
sole discretion, without specific notice to you; provided, however,
that: (a) any amendment or modification to the arbitration provisions,
prohibition on class action provisions or any other provisions
applicable to dispute resolution (collectively, “Dispute Resolution
Provisions”) shall not apply to any disputes incurred prior to the
applicable amendment or modification; and (b) any amendment or
modification to pricing and/or billing provisions (“Billing
Provisions”) shall not apply to any charges incurred prior to the
applicable amendment or modification. The latest Agreement will be
posted on the Site, and you should review the Agreement prior to using
the Site Offerings. By your continued use of the Site Offerings, you
hereby agree to comply with, and be bound by, all of the terms and
conditions contained within the Agreement effective at that time
(other than with respect to disputes arising prior to the amendment or
modification of the Dispute Resolution Provisions, or charges incurred
prior to the amendment or modification of the Billing Provisions,
which shall be governed by the Dispute Resolution Provisions and/or
Billing Provisions then in effect at the time of the subject dispute
or incurred charges, as applicable).
2. Requirements; Termination of Access to the Site Offerings;
Necessary Equipment.The Site Offerings are available only to individuals who: (a) are
over eighteen (18) years of age (or the applicable age of majority, if
greater than eighteen (18) years of age in their respective
jurisdictions of residence); and (b) can enter into legally binding
contracts under applicable law (collectively, “Usage Requirements”).
The Site Offerings are not intended for individuals who do not satisfy
the Usage Requirements, including individuals under eighteen (18)
years of age (or the applicable age of majority, if greater than
eighteen (18) years of age in their respective jurisdictions of
residence) and/or individuals who cannot enter into legally binding
contracts under applicable law. If a user does not satisfy the Usage
Requirements in their entirety, that user does not have permission to
access or use the Site Offerings.
To the extent permitted by applicable law, Happy Belly Pregnancy™ may
terminate your right to access the Site Offerings at any time where
you: (i) are in any way in breach of the Agreement; (ii) are engaged
in any improper conduct in connection with the Site Offerings; and/or
(iii) are, at any time, conducting any unauthorized commercial
activity by or through your use of the Site Offerings.
You are responsible, at all times, for ensuring that you have an
Internet connection, computer/mobile device, up-to-date Internet
browser versions, a functioning e-mail account, applicable software,
applicable hardware and/or other equipment necessary to access the
Site Offerings. Happy Belly Pregnancy™ does not guarantee the quality,
speed or availability of the Internet connection associated with your
mobile device and/or computer. Happy Belly Pregnancy™ does not
guarantee that the Site Offerings can be accessed: (A) on all mobile
devices; (B) through all wireless service plans; (C) in connection
with all Internet browsers; or (D) in all geographical areas. Standard
messaging, data and wireless access fees may apply to your use of the
Site Offerings through your wireless device. You are fully responsible
for all such charges and Happy Belly Pregnancy™ has no liability or
responsibility to you, whatsoever, for any such charges billed by your
wireless carrier.
3. Registration Forms. In order to enroll in the Courses and/or
utilize certain Site Offerings, including the Contact Services, you
may be required to submit one or more registration forms (each, a
“Form”). The information that you must supply on a Form may include,
without limitation: (a) your full name; (b) your mailing/billing
address; (c) your e-mail address; (d) your telephone number; (e) your
credit card information (where enrolling in a Course); and/or (f) any
other information requested by us on the applicable registration Form
(collectively, “Registration Data”). You agree to provide true,
accurate, current and complete Registration Data, as necessary, in
order to maintain it in up to date and accurate fashion.
Happy Belly Pregnancy’s™ use of Registration Data shall be governed by
the Privacy Policy. For a copy of the Privacy Policy, please visit
http://www.happybellypregnancy.com/privacy
4. Payments. You can purchase access to a Course by and through
the Site by completing the applicable Form and providing the requisite
Registration Data. Where you purchase access to a Course, the credit
card or debit card account (collectively, “Payment Method”) that you
provide on the Form or updated at a later date will be charged Three
Hundred and Ninety-Nine Dollars ($399.00). All sales are refundable
for 30 days after purchase.
The fees associated with your purchases will appear on your Payment
Method statement through the identifier “Happy Belly Pregnancy.” All
prices displayed on the Site are quoted in U.S. Dollars, are payable
in U.S. Dollars and are valid and effective only in the United States.
Failure to participate in a Course does not constitute a basis for
refusing to pay any of the associated charges. Subject to the
conditions set forth herein, you agree to be bound by the Billing
Provisions of Happy Belly Pregnancy™ in effect at any given time. Upon
reasonable prior notice to you (with Site-updates and/or e-mail
sufficing), Happy Belly Pregnancy™ reserves the right to change its
Billing Provisions whenever necessary, in its sole discretion.
Continued use of the Site and/or purchase of Courses after receipt of
such notice shall constitute consent to any and all such changes;
provided, however, that any amendment or modification to the Billing
Provisions shall not apply to any charges incurred prior to the
applicable amendment or modification.
Electronic Signatures: Happy Belly Pregnancy’s™ authorization to
provide and bill for the Courses is obtained by way of your electronic
signature or, where applicable, via physical signature and/or voice
affirmation. Once an electronic signature is submitted, this
electronic order constitutes an electronic letter of agency. Happy
Belly Pregnancy’s™ reliance upon your electronic signature was
specifically sanctioned and written into law when the Uniform
Electronic Transactions Act and the Electronic Signatures in Global
and National Transactions Act were enacted in 1999 and 2000,
respectively (collectively, the “E-Sign Act”). Both laws specifically
preempt all state laws that recognize only paper and handwritten
signatures. Pursuant to any and all applicable statutes, regulations,
rules, ordinances or other laws including, without limitation, the
E-Sign Act and other similar state and federal statutes, YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER
RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OFFERINGS.
Further, you hereby waive any rights and/or requirements under any
statutes, regulations, rules, ordinances or other law in any
jurisdiction which requires an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by other than electronic means. You acknowledge and agree that
you have the ability to print information delivered to you
electronically, or otherwise know how to store that information in a
way that ensures that it remains accessible to you in unchanged form.
5. Refunds. If you wish to cancel your Course, you may contact
a customer care professional at: support@happybellypregnancy.com.
Where you cancel your Course within thirty (30) days of the purchase
date, you will be eligible for a full refund of the purchase amount.
Any cancellation after that thirty (30) day period has elapsed will
not be eligible for any refund.
6. Courses. Users who enroll, for a fee, in the Courses will
have access to the Courses and associated printed Course material. The
Courses remain, at all times, subject to the disclaimers contained
herein and on the Site. You understand and agree that Happy Belly
Pregnancy™ is not responsible or liable in any manner whatsoever for
your inability to enroll in, access and/or use any Courses.
You should always consult with your physician or other healthcare
professional before adopting any pregnancy-related nutritional plan,
exercise regimen, wellness program or other activity associated with
the Courses and/or Course-related material and/or adopting any
treatment for any pregnancy-related issue and/or health problem
featured by and through the Courses and/or Course-related material,
especially if you suffer from any pre-existing medical condition or
have a family history of these or other medical conditions. Your
physician should allow for proper follow-up visits and individualize
your treatment plan as appropriate. If you have or suspect that you
have a pregnancy-related medical problem (or other medical problem) as
a result of using adopting any pregnancy-related nutritional plan,
exercise regimen, wellness program or other activity featured by and
through the Courses and/or Course-related material, promptly contact
your health care provider. Never disregard professional medical advice
or delay in seeking professional advice because of something
associated with the Courses and/or Course-related material.
Reliance on any information made available to you by and through the
Courses and/or Course-related material, is solely at your own risk. To
the fullest extent permitted by law, Happy Belly Pregnancy™ disclaims
any and all liability for any damage or injury based on the Courses
and/or Course-related material.
Happy Belly Pregnancy™ does not review the standing and/or licensure
of any Third-Party Professionals with any regulatory authority and/or
governmental agency. Therefore, Happy Belly Pregnancy™ makes no
representation regarding the status or standing of any Third-Party
Professional. Course enrollees, and not Happy Belly Pregnancy™, are
solely responsible for assessing the competency, trustworthiness,
honesty and integrity of all Third-Party Professionals and/or
Third-Party Sources featured in the Courses and/or Course-related
material.
7. Content. The Site contains Content which includes, but is
not limited to, product reviews, text, audio, video, photographs,
graphics, artwork, testimonials and other information about Happy
Belly Pregnancy™ and/or the Site Offerings. The Content is compiled,
distributed and displayed by Happy Belly Pregnancy™, as well as
third-party content providers, such as Third-Party Professionals,
Third-Party Sources and other Site users (collectively, “Third-Party
Providers”). Happy Belly Pregnancy™ does not control the Content
provided by Third-Party Providers that is made available by and
through the Site Offerings. Such Third-Party Providers are solely
responsible for the accuracy, completeness, appropriateness and/or
usefulness of such Content. The Content should not necessarily be
relied upon.
Reliance on any Content or other information made available to you
by and through the Site Offerings is solely at your own risk.
Happy Belly Pregnancy™ does not represent or warrant that the Content
and other information posted by and through the Site Offerings is
accurate, complete, up-to-date or appropriate. You understand and
agree that Happy Belly Pregnancy™ will not be responsible for, and
Happy Belly Pregnancy™ undertakes no responsibility to monitor or
otherwise police, Content provided by Third-Party Providers. You agree
that Happy Belly Pregnancy™ shall have no obligation and incur no
liability to you in connection with any Content. You may find certain
Content to be outdated, harmful, inaccurate and/or deceptive. Please
use caution, common sense and safety when using the Content.
The Content is offered for informational purposes only and is at
all times subject to the disclaimers contained herein and on the
Site.
8. Interactive Services. (a) User Content. In connection with
the Interactive Services, users may be able to upload and/or post
certain comments, content, material, communications, feedback and/or
other information (collectively, the “User Content”). By making the
User Content available by and through the Interactive Services or
otherwise through the Site Offerings, each user provides to Happy
Belly Pregnancy™ a perpetual, irrevocable, worldwide license to make
same available by and through the Site Offerings. Without limiting the
foregoing, user acknowledges and agrees that Happy Belly Pregnancy™
shall be free to utilize certain features and aspects of the User
Content in connection with marketing and promoting the Site Offerings
to third parties. Each user represents and warrants that she/he owns
and/or has any and all rights to publish, display, perform and permit
the use of, and grant the license associated with, the User Content as
contemplated by the Agreement. Without limiting the foregoing, Happy
Belly Pregnancy™ may reject and/or remove any User Content at any time
and for any reason, in Happy Belly Pregnancy’s™ sole discretion.
Notwithstanding the foregoing, Happy Belly Pregnancy™ undertakes no
responsibility to monitor or otherwise police the User Content made
available by and through the Site Offerings. Each user and
third-party agrees that Happy Belly Pregnancy™ shall: (i) have no
obligations and incur no liabilities to such party in connection
with any such User Content; and (ii) not be liable to any party for
any claim in connection with the User Content.
(b) User Content Restrictions. In connection with the User Content,
each user agrees not to: (i) display any telephone numbers, street
addresses, last names, URLs, e-mail addresses or any confidential
information of any third-party; (ii) display any audio files, text,
photographs, videos or other images that may be deemed indecent or
obscene in the applicable user’s community, as defined under
applicable law; (iii) impersonate any person or entity; (iv) “stalk”
or otherwise harass any person; (v) engage in advertising to, or
commercial solicitation of, end-users or other third parties; (vi)
transmit any chain letters, spam or junk e-mail to any end-users or
other third parties; (vii) express or imply that any statements she/he
makes are endorsed by Happy Belly Pregnancy™; (viii) harvest or
collect personal information of end-users or other third parties
whether or not for commercial purposes, without their express consent;
(ix) use any robot, spider, site search/retrieval application, or
other manual or automatic device or process to retrieve, index, “data
mine,” or in any way reproduce or circumvent the navigational
structure or presentation of the Site Offerings or related content;
(x) post, distribute or reproduce in any way any copyrighted material,
trademarks or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights; (xi) remove any
copyright, trademark or other proprietary rights notices contained
within the Site Offerings; (xii) interfere with or disrupt any of the
Site Offerings and/or the servers or networks connected to same;
(xiii) post, offer for download, e-mail or otherwise transmit any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment; (xiv) post, offer for download,
transmit, promote or otherwise make available any software, product or
service that is illegal or that violates the rights of a third-party
including, but not limited to, spyware, adware, programs designed to
send unsolicited advertisements (i.e. “spamware”), services that send
unsolicited advertisements, programs designed to initiate “denial of
service” attacks, mail bomb programs and programs designed to gain
unauthorized access to networks on the Internet; (xv) “frame” or
“mirror” any part of the Site; (xvi) use metatags or code or other
devices containing any reference to the Site Offerings in order to
direct any person to any other website for any purpose; and/or (xvii)
modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Site
Offerings or any software used on or in connection with same. Engaging
in any of the aforementioned prohibited practices shall be deemed a
breach of the Agreement and may result in the immediate termination of
such user’s account and/or access to some or all of the Site Offerings
without notice, in the sole discretion of Happy Belly Pregnancy™.
Happy Belly Pregnancy™ reserves the right to pursue any and all legal
remedies against users that engage in the aforementioned prohibited
conduct.
9. Social Media Pages. The Site contains links to the various
Happy Belly Pregnancy™ Social Media Pages. The Social Media Pages are
hosted and made available on third-party Social Media Websites by
third-party entities. Your use of Social Media Pages and Social Media
Websites shall be governed by those Social Media Websites’ applicable
agreements, terms and conditions.
You understand and agree that Happy Belly Pregnancy™ shall not be
liable to you, any other user or any third-party for any claim in
connection with your use of, or inability to use, the Social Media
Pages and/or Social Media Websites.
10. Representations and Warranties. Each user hereby represents
and warrants to Happy Belly Pregnancy™ as follows: (a) the Agreement
constitutes the legal, valid and binding obligation of user, which is
fully enforceable against such user in accordance with its terms; (b)
user understands and agrees that user has independently evaluated the
desirability of utilizing the Site Offerings and that user has not
relied on any representation and/or warranty other than those set
forth in the Agreement; and (c) the execution, delivery and
performance of the Agreement by user will not conflict with or
violate: (i) any applicable law; (ii) any order, judgment or decree
applicable to user; and/or (iii) any agreement or other instrument
applicable to user.
11. Indemnification. Each user agrees to indemnify, defend and
hold Happy Belly Pregnancy™, its officers, directors, employees,
agents and attorneys, as well as the Covered Parties, harmless from
and against any and all liabilities, claims, actions, suits,
proceedings, judgments, fines, damages, costs, losses and/or expenses
(including reasonable attorneys’ fees, court costs and/or settlement
costs) arising from and/or related to: (a) any dispute between that
user and any Third-Party Professional(s) and/or other third
party(ies); (b) that user’s breach of the Agreement and/or any
representation or warranty contained herein; and/or (c) that user’s
unauthorized and/or improper use of the Site Offerings. The provisions
of this Section 11 are for the benefit of Happy Belly Pregnancy™, its
parent, subsidiaries and/or affiliates, and each of their respective
officers, directors, members, employees, agents, shareholders,
licensors, suppliers and/or attorneys. Each of these individuals and
entities shall have the right to assert and enforce these provisions
directly against users on its own behalf.
12. License Grant. Each user is granted a non-exclusive,
non-transferable, revocable and limited license to access and use the
Site Offerings. Happy Belly Pregnancy™ may terminate this license at
any time for any reason. Unless otherwise expressly authorized by
Happy Belly Pregnancy™, users may only use the Site Offerings for
their own personal, non-commercial use. No part of the Site Offerings
may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical. No user or other third
party may use any automated means or form of scraping or data
extraction to access, query or otherwise collect material from the
Site Offerings except as expressly permitted by Happy Belly
Pregnancy™. No user or other third party may use, copy, emulate,
clone, rent, lease, sell, modify, decompile, disassemble, reverse
engineer or transfer the Site Offerings, or any portion thereof. No
user or other third party may create any “derivative works” by
altering any aspect of the Site Offerings. No user or other third
party may use the Site Offerings in conjunction with any other
third-party content. No user or other third party may exploit any
aspect of the Site Offerings for any commercial purposes not expressly
permitted by Happy Belly Pregnancy™. Each user further agrees to
indemnify and hold Happy Belly Pregnancy™ harmless for that user’s
failure to comply with this Section 12. Happy Belly Pregnancy™
reserves any rights not explicitly granted in the Agreement.
13. Proprietary Rights. The Site Offerings, as well as the
organization, graphics, design, compilation, magnetic translation,
digital conversion, software, services and other matters related to
same, are protected under applicable copyrights, trademarks and other
proprietary (including, but not limited to, intellectual property)
rights. The copying, redistribution or publication by any user or
other third party of any part of the Site Offerings is strictly
prohibited. No user or other third party acquires ownership rights in
or to any content, document, software, services or other materials
viewed by or through the Site Offerings. The posting of information or
material by and through the Site Offerings does not constitute a
waiver of any right in or to such information and/or materials. The
“Happy Belly Pregnancy” name and logo, and all associated graphics,
icons and service names, are registered trademarks of Spinach and Yoga
Inc. The use of any trademark without the applicable trademark owner's
express written consent is strictly prohibited.
14. Legal Warning. Any attempt by any individual to damage,
destroy, tamper with, vandalize and/or otherwise interfere with the
operation of the Site Offerings is a violation of criminal and civil
law and Happy Belly Pregnancy™ will diligently pursue any and all
remedies against any offending individual or entity to the fullest
extent permissible by law and in equity.
15. Disclaimer of Warranties. THE SITE OFFERINGS AND THE OTHER
PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO
USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES,
EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE
DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, HAPPY BELLY PREGNANCY™
MAKES NO WARRANTY THAT THE SITE OFFERINGS AND THE OTHER PRODUCTS AND
SERVICES OFFERED BY AND THROUGH SAME: (A) WILL, AS APPLICABLE, MEET
ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF
HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC PREGNANCY BENEFIT,
MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; OR (E) WILL BE
ACCURATE OR RELIABLE. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND
SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. HAPPY BELLY PREGNANCY™ WILL NOT BE
LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION
ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY ANY USER FROM HAPPY BELLY PREGNANCY™ OR
OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE AGREEMENT.
16. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS
AND AGREES THAT HAPPY BELLY PREGNANCY™ SHALL NOT BE LIABLE TO THAT
USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF HAPPY BELLY PREGNANCY™ HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW
FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND THE OTHER
PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES
PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY
DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED
ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE FAILURE TO
REALIZE ANY SPECIFIC PREGNANCY BENEFIT, MEDICAL BENEFIT OR OTHER
HEALTH-RELATED OUTCOME; AND/OR (F) ANY OTHER MATTER RELATING TO THE
SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND
THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE
AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND
ALL OTHER TORTS. EACH USER HEREBY RELEASES HAPPY BELLY PREGNANCY™ FROM
ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE
LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH
LIMITATIONS, THE MAXIMUM LIABILITY OF HAPPY BELLY PREGNANCY™ TO ANY
USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS
($500.00).
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS
AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY
BE BROUGHT BY ANY USER OR HAPPY BELLY PREGNANCY™ MORE THAN ONE (1)
YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF
THE BASIS OF THE BARGAIN BETWEEN EACH USER AND HAPPY BELLY PREGNANCY™.
ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT
SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS
ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF HAPPY BELLY
PREGNANCY™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Third Party Websites. The Site Offerings contain links to
other websites on the Internet that are owned and operated by third
parties including, without limitation, the Social Media Websites
and/or Third-Party Links. Happy Belly Pregnancy™ does not control the
information, products or services made available on, by or through
these third-party websites. The inclusion of any link does not imply
endorsement by Happy Belly Pregnancy™ of the applicable website or any
association with the website’s operators. Because Happy Belly
Pregnancy™ has no control over such websites and/or resources, each
user agrees that Happy Belly Pregnancy™ is not responsible or liable
for the availability or the operation of such external websites, for
any material located on or available from or through any such websites
or for the protection of any user’s data privacy by third parties.
Each user further agrees that Happy Belly Pregnancy™ shall not be
responsible or liable, directly or indirectly, for any loss or damage
caused by the use of or reliance on any such material available on, by
or through any such site.
18. Copyright Policy/DMCA Compliance. Happy Belly Pregnancy™
reserves the right to terminate the account of any user who infringes
upon third-party copyrights. If any user or other third-party believes
that a copyrighted work has been copied and/or posted via the Site
Offerings in a way that constitutes copyright infringement, that party
should provide Happy Belly Pregnancy™ with the following information:
(a) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyrighted work; (b) an
identification and location of the copyrighted work that such party
claims has been infringed upon; (c) a written statement by such party
that it has a good faith belief that the disputed use is not
authorized by the owner, its agent or the law; (d) such party’s name
and contact information, such as telephone number or e-mail address;
and (e) a statement by such party that the above information in such
party’s notice is accurate and, under penalty of perjury, that such
party is the copyright owner or authorized to act on the copyright
owner’s behalf. Contact information for Happy Belly Pregnancy’s™
Copyright Agent for notice of claims of copyright infringement is as
follows:
Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
info@kleinmoynihan.com
Fax: (212) 216-9559]
19. Editing, Deleting and Modification. Happy Belly Pregnancy™
reserves the right, in its sole discretion, to edit and/or delete any
documents, information or Content appearing on the Site.
20. Use of Registration Data. All material submitted by users
through or in association with the Site Offerings including, without
limitation, the Registration Data, shall be subject to the Privacy
Policy. For a copy of the Privacy Policy, please visit
http://www.happybellypregnancy.com/privacy
21. Dispute Resolution Provisions. The Agreement shall be
treated as though it were executed and performed in New York, NY and
shall be governed by and construed in accordance with the laws of the
State of New York (without regard to conflict of law principles). In
the event that any suit, action or other legal proceeding shall be
instituted against any user or Happy Belly Pregnancy™ (each a “Party”
and collectively, the “Parties”) in connection with the Agreement
and/or Site Offerings, each Party hereby submits to the jurisdiction
of either the United States District Court for the Southern District
of New York or any New York State Court of competent jurisdiction,
located in New York County, and further agrees to comply with all the
requirements necessary to give such court jurisdiction.
22. California User Consumer Rights. In accordance with Cal.
Civ. Code Sec. 1789.3, California State resident Users may file
grievances and complaints with the California Department of Consumer
Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at
916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
23. Miscellaneous. To the extent that anything in or associated
with the Site Offerings is in conflict or inconsistent with the
Agreement, the Agreement shall take precedence. Happy Belly
Pregnancy’s™ failure to enforce any provision of the Agreement shall
not be deemed a waiver of such provision nor of the right to enforce
such provision. The parties do not intend that any agency or
partnership relationship be created through operation of the
Agreement. Should any part of the Agreement be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force
and effect. Happy Belly Pregnancy™ may assign its rights and
obligations under the Agreement, in whole or in part, to any party at
any time without notice to you. The Agreement may not, however, be
assigned by you, and you may not delegate your duties under it.
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
24. Contact Us. If you have any questions about the Agreement,
Site Offerings or the practices of Happy Belly Pregnancy™, you may
utilize the contact method applicable to the subject matter of your
inquiry, as set forth on the “Contact Us” page of the Site, or you can
e-mail us at: support@happybellypregnancy.com