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. (“Happy Belly Pregnancy™,” “we,” “our” or “us”). This Happy Belly Pregnancy™ Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when end-users (“users,” “you” or “your”): (a) access and/or use the Site; (b) access and/or download any of the: (i) Course 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) access 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) access certain message boards, comments sections, customer ratings and other interactive features of the Site (collectively, “Interactive Services”); (e) register to receive the Happy Belly Pregnancy™ e-mail newsletter (“Newsletter”); (f) enroll, 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) utilize 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 note, if you are a resident of a European Union Member State, you are not permitted to use the Site and/or Site Offerings.
Capitalized terms not defined herein shall have the meanings set forth in the Happy Belly Pregnancy™ Website Terms and Conditions (“Terms and Conditions”). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN ENTIRETY, ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.
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.
Your California Privacy Rights
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: support@happybellypregnancy.com.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please e-mail us at: support@happybellypregnancy.com.
Your Nevada Privacy Rights
If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please e-mail us at: support@happybellypregnancy.com.
Personal Information Collected
For purposes of this Privacy Policy, “personal information” shall mean individually identifiable information from or about an individual. We collect personal information when you access certain of the Site Offerings and complete the required information request Form(s) and/or otherwise provide such information to us. The information that you must supply on the Form(s) may include, without limitation: (a) your full name; (b) your e-mail address; (c) your billing/mailing address; (d) your telephone number; (e) your credit card information (where enrolling in a Course); and/or (f) any other information requested on the applicable Form.
For purposes of this Privacy Policy, item (e) in the preceding paragraph may be considered “Sensitive Information.”
Use and Sharing of Personal Information
Happy Belly Pregnancy™ will never share, sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes. By making that personal information available to Happy Belly Pregnancy™, you grant Happy Belly Pregnancy™ the right, subject to applicable state and federal law, to use that personal information to contact you by telephone, email and to send you various marketing messages that may contain promotional offers from Happy Belly Pregnancy™, as well as offers from Happy Belly Pregnancy’s™ third party partners, that Happy Belly Pregnancy™ believes may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message, or see the “Opt-Out/Unsubscribe” section below.
We may also employ third parties and individuals to perform certain functions on our behalf, including helping us operate the Site Offerings and/or to administer related activities on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users’ personal information as needed to perform their functions for us, but we do not permit them to use user personal information for other purposes.
We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience on the Site and/or to contact you when necessary in connection with transactions entered into by you through the Site Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources.
By registering with the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls from Happy Belly Pregnancy™, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Site Offerings, and your consent simply allows Happy Belly Pregnancy™ to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Happy Belly Pregnancy™ of the Phone Number Change via e-mail at: support@happybellypregnancy.com , or by using one of the methods set forth in the “Contact Us” section below.
We also reserve the right to release current or past users’ information (including Sensitive Information) in the event that we believe that the user is using, or has used, the Site Offerings: (i) in violation of the Terms and Conditions, this Privacy Policy or any other of our operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published by us from time to time; (ii) to commit unlawful acts; (iii) if such information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; (iv) if we are sold, merge with a third-party or are acquired by a third-party (collectively, “M&A Transactions”) (including where we share your personal information, including Sensitive Information, in connection with the due diligence process associated with a potential M&A Transaction); (iv) if we are the subject of bankruptcy proceedings; provided, however, that if Happy Belly Pregnancy™ is involved in a bankruptcy proceeding and/or M&A Transaction, you will be notified via e-mail and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information; and/or (v) when we deem it necessary or appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission implementing regulations. Without limiting the generality of the foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute any and all personal information with/to any third party for any and all uses permitted by this Privacy Policy and applicable law.
Credit and/or Debit Card Transactions
Happy Belly Pregnancy™ utilizes third-party service providers to provide credit and debit card payment processing services. If you choose to purchase access to the Courses, the credit or debit card information provided will be shared with our contracted third-party payment processing service provider(s). Happy Belly Pregnancy™ requires that its third-party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party payment processing service provider(s).
Non-Personal Information Collection and Use
Computer IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you and your desktop computer when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.
Cookies
When a user visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable user’s computer and/or mobile device, as applicable. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience on the Site, as applicable. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Site Offerings, including for storing user preferences and tracking Site usage (such as pages opened and length of stay at the Site, as applicable).
Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. To manage Flash Cookies, please Click here Even in the case where a user rejects a Cookie, he or she may still use the Site Offerings; provided, however, that certain functions of the Site Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.
Behavioral Tracking
Happy Belly Pregnancy™ and its third-party partners use Cookies, pixels and other tracking technology (collectively, “Tracking Technology”) to analyze trends, administer the Site, track users’ movements around the Site and to gather demographic information about our user base as a whole. In addition, we partner with third-parties to use Tracking Technology in connection with the display of advertising on our Site and to manage the serving of our advertising on other websites. Our third-party partners may use Tracking Technology to gather information about your activities on the Site and other websites in order to provide you with advertising based upon your browsing activities and interests.
If you wish to opt-out of having this information used for the purpose of serving you interest-based ads, you may opt-out by emailing us at support@happybellypregnancy.com. In addition, users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. Further, users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance. Please note that opting out of this tracking activity does not opt you out of being served advertising. Even where you opt out of this tracking activity, you will continue to receive generic ads.
Cross Device Tracking
Happy Belly Pregnancy™ tracks users’ use of the Site Offerings across various devices, including your personal computer and mobile device, in order to optimize and personalize your Site Offerings experience. Happy Belly Pregnancy™ may collect certain of your personal information across various devices. If you would like to opt-out of having your use of the Site Offerings tracked across multiple devices, please e-mail us at: support@happybellypregnancy.com. Please be advised that where you opt-out of having your use of the Site Offerings tracked across devices, you may need to upload certain information multiple times and/or input your log-in information multiple times.
Aggregate Data
Happy Belly Pregnancy™ reserves the right to transfer and/or sell aggregate or group data about users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of users as a group, without disclosing personally identifiable information.
Interactive Services, Social Media Websites and Widgets
If you engage in any interaction with Happy Belly Pregnancy™, other users or any third-party via the Interactive Services and/or by and through any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Interactive Services and/or Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where Happy Belly Pregnancy™ responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Happy Belly Pregnancy’™ social media accounts. We are not responsible for the personal information that you choose to submit via Interactive Services and/or any Social Media Websites.
In addition, the Site contains Social Media Website widgets and buttons (“Widgets”), such as the Facebook®, Instagram® and Twitter® share buttons. These Widgets may collect your IP address, as well as which page you are visiting on our Site, and may set a Cookie on your browser to enable the Widget to function properly. The Widgets are owned and operated by the applicable Social Media Websites. The Social Media Websites operate independently from Happy Belly Pregnancy™, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices.
Your interactions with the Social Media Pages and Widgets are governed by the privacy policies of the applicable Social Media Websites. We encourage you to review the privacy policies and settings of the Social Media Pages with which you interact to help you understand those Social Media Websites’ respective privacy practices. If you have questions about the security and privacy settings of any Social Media Pages and/or Widgets that you use, please refer to the applicable Social Media Website’s privacy notices or policies.
Third-Party Websites
This Site may contain links to third-party owned and/or operated websites including, without limitation, Social Media Websites. Happy Belly Pregnancy™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Happy Belly Pregnancy™ has no responsibility or liability relating to them.
Security of Your Personal Information
We endeavor to safeguard and protect our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable security measures to ensure that your personal information is not accessible to the public. All of our users’ personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need user personal information to perform a specific job are granted access to user personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store user personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Children’s Privacy
The Site is not intended for children under 18 years of age. No one under age eighteen (18) years of age may provide any information to or on the Site. We do not knowingly collect personal information from individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases or solicitations through the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn that we have collected or received personal information from an individual under eighteen (18) years of age without verification of parental consent, we will delete that information. If you believe we might have any information from or about an individual under eighteen (18) years of age, please contact us at the email address listed at the bottom of this Privacy Policy.
Opt-Out/Unsubscribe
To opt-out of receiving e-mail and other forms of communication from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: support@happybellypregnancy.com.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your use of Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from Happy Belly Pregnancy™, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to Happy Belly Pregnancy™, as applicable.
Deleting, Modifying and Updating Your Information
At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have otherwise collected. You may do so by e-mailing us at: support@happybellypregnancy.com. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
Transfer of Personal Information Internationally
If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.
Changes to this Privacy Policy
Happy Belly Pregnancy™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy or by changing the “Last Updated” date at the top of this Privacy Policy. If the manner in which we use personal information changes, Happy Belly Pregnancy™ will notify users by: (a) sending the modified policy to our users via e-mail; and/or (b) any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner, and we will only use your information in this different manner where you opt-in to such use.
Contact Us
If you have any questions about this Privacy Policy or our privacy practices in general, you may: e-mail us at: support@happybellypregnancy.com.
Filing a Complaint with the Federal Trade Commission
To file a complaint regarding our privacy practices, please Click Here.
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