Welcome to WordPress. This is your first post. Edit or delete it, then start writing!
Welcome to WordPress. This is your first post. Edit or delete it, then start writing!
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
Hi, this is a comment.
To get started with moderating, editing, and deleting comments, please visit the Comments screen in the dashboard.
Commenter avatars come from Gravatar.