Terms of Service
Last updated: January 10, 2018.
Hello and welcome to Your Whole Baby’s Terms of Service!
We have tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions.
1. Follow the Law. You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations, and sanctions.
2. Third Party Services and Sites
2.1 Third Party Services. The Services are integrated with various third party services, applications, and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as items for sale in the website Shop. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third Party Services, and we are not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and at our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We are not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).
2.2 Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We do not control and are not liable for those sites.
3. Our Intellectual Property
3. 1 We Can Use Your Feedback for Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
3.2 All Rights Reserved. All trademarks, content, and material created by Your Whole Baby are owned by Your Whole Baby or as referenced in individual content. No part of this website, including information, images, photos, logos, names, and icons may be copied, republished, posted, broadcast or reproduced in any form whatsoever without the prior written permission of the copyright holders. Documents on the site may not be altered or adapted for any purpose without prior written permission of the copyright holders.
4. Our Rights
4.1 Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
While we do our best to ensure any information you share with us through the Services is secure, we cannot guarantee the security of information sent over the Internet through our Services, whether that be personal or payment information. Your Whole Baby is not responsible for security breaches to the Services.
We respect the intellectual property of others and ask that you do too. We reserve the right to delete or disable content alleged to be infringing.
8. Paid Services and Fees
8.1 Taxes. All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You are responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you are exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate.
8.2 Refunds. Refunds are issued in our sole discretion, or if legally required (such as for qualifying users in the EU).
8.3 Fee Changes. We may change our fees at any time. New fees will not apply retroactively.
8.5 Fees for Third Party Product Providers. Third Party Products purchased via the Services may be subject to different refund policies that those Third Party Product Providers determine, and they may be non-refundable. It's your responsibility to verify your ability to purchase, cancel, or obtain a refund for Third Party Products. We do not offer refunds for purchases of Third Party Products.
8.6 Legal Use of Payment Methods. If you make a purchase or donation through the Services, you are agreeing that the payment method you use is legally yours to use for purchases and donations.
9. Warranty Disclaimers
To the fullest extent permitted by law, Your Whole Baby makes no warranties, either express or implied, about the Services. The Services are provided “as is.” Your Whole Baby also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Your Whole Baby shall create any warranty. Your Whole Baby makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places do not allow the disclaimers in this paragraph, so they may not apply to you.
10. Limitation of Liability
To the fullest extent permitted by law, in no event will Your Whole Baby be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive, or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Your Whole Baby has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Your Whole Baby for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20). Some places do not allow the types of limitations in this paragraph, so they may not apply to you.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Your Whole Baby from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; and (b) your violation of any law or regulation or the rights of any third party.
12. Dispute Resolution
12. 1 Informal Resolution. Before filing a claim against Your Whole Baby, you agree to try to resolve the dispute by first emailing [email protected] with a description of your claim. We will try to resolve the dispute informally by following up via email, phone, or other methods. If we cannot resolve the dispute within thirty (30) days of our receipt of your first email, you or Your Whole Baby may then bring a formal proceeding.
12.2 Arbitration Agreement. You and Your Whole Baby agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration and you and Your Whole Baby expressly waive trial by jury, except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
12.3 Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us at [email protected] within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must include your full name, residential address, and a clear statement that you want to opt out of arbitration. This opt-out does not affect any other sections of the Terms, including without limitation Judicial Forum For Disputes; Time For Filing, No Class Actions and Controlling Law. If you have any questions about this process, please contact us.
12.4 Arbitration Time for Filing. Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
12.5 Exceptions to Arbitration Agreement. Either you or Your Whole Baby may assert claims, if they qualify, in small claims court in any United States county where you live or work. Either you or Your Whole Baby may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
12.6 Judicial Forum for Disputes
12.6A Time For Filing. If our agreement to arbitrate is found not to apply to you or your claim, you and Your Whole Baby agree that any judicial proceeding (other than small claims actions) must be brought exclusively in the federal or state courts of or nearest to Austin, TX, and you and Your Whole Baby consent to venue and personal jurisdiction in those courts. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
12.6B NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations aren't allowed.
13. Additional Terms
13.1 Entire Agreement. This Agreement constitutes the entire agreement between you and Your Whole Baby regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.
13.2 Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions.
13.3 Waiver, Severability And Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
13.4 Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we will notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.
13.5 Translation. This Agreement was originally written in English (US). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.
Any questions regarding this site should be sent using the contact form.