This Terms of Service Agreement (“Agreement” or “Terms”) is made by and between Breastfeeding Life, owned and operated by Kaelsoft LLC (“Website Owner,” “Company” or “Breastfeeding Life”) and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Website.
BY REGISTERING, ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER BREASTFEEDING LIFE SOFTWARE, SERVICES, WEBSITES OR ANY OF BREASTFEEDING LIFE’S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
BREASTFEEDING LIFE RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN BREASTFEEDING LIFE’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE BREASTFEEDING LIFE WEBSITE.
- PRIVACY & SECURITY; DISCLOSURE:
- ACCESS TO THIS SITE
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Breastfeeding Life believes the information you provide is not correct, current, or complete, Breastfeeding Life has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
- RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. As a condition of your use of Breastfeeding Life’s Website(s), you warrant to Breastfeeding Life that you will not use the Website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of Breastfeeding Life. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Breastfeeding Life in causing any unauthorized co-branding, framing or hyperlinking immediately to cease. In addition, you may not use Breastfeeding Life’s Website(s) in any manner which could disable, overburden, damage, or impair the Website(s) or interfere with any other party’s use and enjoyment of the Website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website(s).
- PERSONAL AND NONCOMMERCIAL USE LIMITATION
Breastfeeding Life’s Website(s) are for your personal and noncommercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without Breastfeeding Life’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Breastfeeding Life’s Websites.
- PROPRIETARY INFORMATION
The material and content accessible from this site, and any other Website owned, operated, licensed, or otherwise controlled by Breastfeeding Life (the “Content”) is the proprietary information of Breastfeeding Life or the party that provided or licensed the Content to Breastfeeding Life, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Breastfeeding Life, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms violates Breastfeeding Life’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
This site may be hyperlinked to other sites which are not maintained by, or related to, Breastfeeding Life. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Breastfeeding Life. Breastfeeding Life has not reviewed any or all of such sites and is not responsible for the content of those sites. Breastfeeding Life is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the user’s own risk, and Breastfeeding Life makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Breastfeeding Life provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Breastfeeding Life of that site or any association with its operators.
- USE OF COMMUNICATION SERVICES
Breastfeeding Life’s Websites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
ii) advocates illegal activity or discusses an intent to commit an illegal act;
iii) is vulgar, obscene, pornographic, or indecent;
iv) does not pertain directly to this site;
v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
viii) violates any law or may be considered to violate any law;
ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
xii) solicits funds, advertisers or sponsors;
xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
xv) includes MP3 format files;
xvi) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
xviii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Breastfeeding Life reserves the right to monitor use of this site to determine compliance with these Terms, as well as the right to remove or refuse any information for any reason. Breastfeeding Life reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Breastfeeding Life also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Breastfeeding Life nor any third party that provides Content to Breastfeeding Life will assume or have any liability for any action or inaction by Breastfeeding Life or such third party with respect to any submission. Breastfeeding Life cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Breastfeeding Life does not control or endorse the content, messages or information found in any Communication Service and, consequently, Breastfeeding Life specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Breastfeeding Life spokespersons, and their views do not necessarily reflect those of Breastfeeding Life.
You hereby grant to Breastfeeding Life the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Breastfeeding Life through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Breastfeeding Life will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Breastfeeding Life operations.
- PAYMENT METHODS
We accept PayPal payments and the following U.S. issued credit and debit cards for items purchased in the Breastfeeding Life Shop:
○ American Express
Orders can be placed online via our SHA-2 and 2048-bit Secure Socket layer encrypted connection.
- Shipping Policies
Products are shipped within the 50 United States via FedEx, UPS, or U.S. Postal Service. Depending on product availability, orders shipped usually arrive within 5 to 7 business days. Accurate shipping address and phone number are usually required. In some cases, your signature may be required for delivery.
- Delivery Confirmation
Because many instances may occur at your delivery address that is beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
- Return and Cancellation Policy
We want you to be satisfied with your purchase. If you are unsatisfied with our product, please contact us within three (3) days from the date that you received your item and we will do our best to make you happy. We do not accept returns on printed merchandise unless it is due to a manufacturing defect. If an item is determined to be defective and you want to obtain a refund, your return must be approved and postmarked within fourteen (14) days from the date that the product was originally shipped to you.
The following terms apply for all returned items:
○ Refunds will be issued to the same credit card that was charged when ordering the product.
○ Shipping charges and return shipping charges are not refundable in any case.
Returned products must be sent to the following address:
6119 Greenville Ave #629, Dallas TX 75206
Company is not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery.
After the shipping department receives your return, it generally takes 10 business days or sooner to process your refund. Once a return is processed, it usually takes 10 business days for this return to be posted to your account, depending on your financial institution.
- Chargeback Policy
All references to a “chargeback” refer to a reversal of a credit/debit card charge placed on breastfeedinglife.com. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact us and we will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on breastfeedinglife.com, please contact us for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS SITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO $25.00 BY ANY MEANS DEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
- Third Party Interactions
During use of the Company Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Company does not endorse any sites on the Internet that are linked through its Website. Company provides these links to you only as a matter of convenience, and in no event shall Company be responsible for any content, products, or other materials on or available from such sites. Company provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
- Ordering Disclaimer
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Company reserves the right to accept or deny shipment to anyone for any reason. Company reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Company reserves the right to cancel the order, notify the card holder and the proper authorities.
- Product and Content Disclaimers; Disclaimers of Warranty
COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR COMPANY’S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Breastfeeding Life does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
- LIMITATION ON LIABILITY
Breastfeeding Life, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Breastfeeding Life HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Breastfeeding Life AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
- TERMINATION OR RESTRICTION OF ACCESS
Breastfeeding Life reserves the right, in its sole discretion, to terminate your access to any or all of Breastfeeding Life’s Websites and the related services or any portion thereof at any time, without notice.
You will indemnify and hold Breastfeeding Life, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
- TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Breastfeeding Life or the party that provided the trademarks, services marks, logos, and copyrighted works to Breastfeeding Life. Breastfeeding Life and any party that provided trademarks, service marks, logos, and copyrighted works to Breastfeeding Life retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
All contents of Breastfeeding Life’s Websites are: Copyright © 2017 Breastfeeding Life. All rights reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Breastfeeding Life will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Breastfeeding Life considers insecure, Breastfeeding Life will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Breastfeeding Life reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Website Owner reserves the right to investigate suspected violations of these Terms.
Breastfeeding Life reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Breastfeeding Life to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Breastfeeding Life FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Breastfeeding Life DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Breastfeeding Life OR LAW ENFORCEMENT AUTHORITIES.
These Terms will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and Breastfeeding Life arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms will be in the state and federal courts in Dallas, Texas.
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Breastfeeding Life as a result of this agreement or use of Breastfeeding Life’s Websites.
These Terms constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Breastfeeding Life with respect to Breastfeeding Life’s Websites.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
Breastfeeding Life may revise these Terms at any time by updating this posting.