TERMS OF SERVICE

updated 12/22/2015

 

Please read the following general website Terms and Conditions (these “T&Cs”, “TOS” or “Agreement”) carefully before accessing the MamaBirdBox.com websites (the “Site”), before registering an account on the Site (“Account”), reviewing any information or blog posts, submitting any comment or videos to the Site or using the various Products we provide, as defined below, so that you (“Customer,” “User”) are aware of your legal rights and obligations with respect to Mamabird Co., the Site and any of its affiliates, parents and subsidiaries (individually and collectively, “Mama Bird Box,” “the Company,” “we,” “us” or “our”).

1.  Description of the Site:

The Service is designed to allow users to send and receive boxes or packages of goods, samples, offers, coupons, articles and other information (each a “Box,” “Boxes”), make a-la-carte purchases in our shop, review products and Boxes (defined below), receive newsletters with information and offers, and participate in the Mamabird Co. content community. The Site enables its customers, users and visitors (together “Customers”) to review information related to its various products, including but not limited to baby and pregnancy products (together, the “Products”). Customers may be permitted to directly purchase Products on the Site. Customers may also be provided with the means of submitting or posting video, photographic and textual content or comments (“Submissions”) to this Site through various services and applications, including but not limited to “Mama Bird Box” application and Facebook. We may also impose limits on certain Site services and features (together “Services”), limit any Products or restrict your access to parts of the Site or to the entire Site in our sole and absolute discretion and without notice or liability to anyone.

These T&Cs apply to all Customers of the Site. The Site includes proprietary and third party information, including but not limited to all products, pictures, reviews, labels and other information supplements, in textual, visual, audio, video and/or other digital formats offered via the Site.

2.  Medical Disclaimer:

This website contains general information about conception, pregnancy, pregnancy products and parenting. The information is not complete or comprehensive. You should not rely on the information on this website as an alternative to medical advice from your doctor or healthcare provider. Nothing contained on this web site should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified healthcare provider. Should you have any healthcare related questions, please call or see your physician or other qualified healthcare provider promptly.

Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet or fitness program. If you have any specific questions about these matters you should consult your doctor or other healthcare provider. If you think you may be pregnant you should speak to a doctor or other healthcare provider, and if you think you may be suffering from any other medical condition you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website. You are encouraged to consult your physician or your local healthcare provider to obtain professional medical advice, which may agree or disagree with the information and materials contained on this site. You should consult your own physician or your local healthcare provider regarding your own symptoms, medical condition, treatment or medications. If you have or suspect that you have a medical problem, you should contact your own physician or local healthcare provider immediately.

While the information published on this site is believed to be accurate, it has been published solely for the purpose of provide general information and is not intended as a substitute for professional medical advice. If you have questions or concerns regarding your physical health or the health of your baby, please seek assistance from a qualified healthcare provider. The articles on this site are meant to answer questions of a general nature regarding issues of interest surrounding pregnancy. If you have a specific medical concern, please contact your healthcare provider.

Call Your Doctor or Emergency Services in Case of Emergency. If you think you may have a medical emergency, call immediately. DO NOT USE THIS WEB SITE FOR MEDICAL EMERGENCIES.

The information about the use of herbs and essential oils contained in this site is not meant to be a substitute for seeking the advice of a qualified health care provider. It is not intended to diagnose, treat, cure or prevent any disease. Always consult your health care provider about the use of herbs and essential oils, especially during pregnancy, when nursing a baby or with children. All images, text, design and layouts are copyright protected under the Federal Copyright Law and are the sole property of Mamabird Co. No form of reproduction of these images and photographs, including downloading, copying or saving of digital image files is authorized without the express written consent of Mamabird Co.

3.  IMPORTANT INFORMATION TO NOTE:

YOU AFFIRM THAT YOU ARE EITHER AT LEAST 18 YEARS OF AGE, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE T&Cs, AND TO ABIDE BY AND COMPLY WITH THESE T&Cs. IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE SITE IS NOT INTENDED FOR CHILDREN UNDER 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SITE AND/OR THE SERVICES OR TO CREATE AN ACCOUNT.

THIS SITE INCLUDES CONTENT PROVIDED BY CUSTOMERS. WE ARE A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.

OUR BUSINESS CHANGES CONSTANTLY, AS DO OUR PRIVACY POLICY AND ANY RULES, REGULATIONS AND FAQ POSTED ON THE SITE, INCLUDING THESE T&CS. WE MAY OR MAY NOT E-MAIL OR IN OTHER WAYS PROVIDE YOU WITH PERIODIC REMINDERS OF CHANGES TO OUR POLICIES, BUT IT IS YOUR EXPRESSED OBLIGATION TO CHECK THE SITE FREQUENTLY TO SEE IF THERE ARE ANY RECENT CHANGES TO ANY OF OUR POLICIES OR THESE T&CS. WE RESERVE THE RIGHT TO REVISE THESE T&CS AT ANY TIME WITHOUT PROVIDING NOTICE. YOUR CONTINUED USE OF THE SITE, THE SERVICES (AS HEREINAFTER DEFINED) AND/OR YOUR ACCOUNT SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY SUCH REVISIONS.

ANY CONTROVERSY, CLAIM, DEMAND OR DISPUTE ARISING OUT OF OR IN RELATION TO ANY PORTION OF THIS AGREEMENT, OR THE BREACH THEREOF, MUST BE RESOLVED BY A COURT LOCATED IN TRAVIS COUNTY, TEXAS..

BY CREATING AN ACCOUNT AT THE SITE OR LOGIN IN TO THE SITE USING FACEBOOK CONNECT, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US.

USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.

IT IS YOUR RESPONSIBILITY TO REVIEW THE INGREDIENTS OF EACH PRODUCT TO AVOID ALLERGIC REACTIONS OR OTHER SIDE EFFECTS.  THE PRODUCTS WITHIN THE BOXES ARE NOT MANUFACTURED BY MAMABIRD CO., BUT RATHER BY MAMABIRD CO.’s SUPPLIERS.

4.  Registration:

In order to have access to certain Services, including but not limited to making Submissions to the Site, you may be required to create an Account either directly on the Site, as prompted by our registration form, or Facebook Connect, Google OAuth ,or another social media account connection. You may never use someone else’s Account.

During registration, we may require the Submission of information about yourself. Registration Data may include your e-mail address, user name, password, address as well as your child’s due date and sex. When prompted for such information, you agree to provide accurate, current and complete information about yourself (“Registration Data”). You also represent that we may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Data.

Username and Password: As part of the registration process, you may be asked to select a username and password. We may refuse to grant to you any username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND FOR ANY AND ALL PURCHASES, COMMUNICATIONS AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR ACCOUNT, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR ACCOUNT, TO ANY THIRD PARTY.

5.  Eligibility:

All Customers of the Site must be either eighteen (18) years of age or older, emancipated minors, or possess the necessary legal parental or guardian consents to enter into these T&Cs; no one under thirteen (13) years of age shall access this Site. This Site, its Services and Products were designed for Customers who are legal residents of the United States and its territories. Customers from other countries are advised not to disclose personal information unless they consent to having their information used as set forth in this Site’s Privacy Policy rather than under the law of user’s home country. Access to the Site is void where prohibited.

6.  Term/Termination:

We may decide at any time in our sole and absolute discretion whether to remove and/or terminate a Customer’s access to the Site, its Services or any Product, for any reason, including but not limited to violations of these T&Cs. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by us or upon transmittal by us. However, your obligations of indemnification pursuant to these T&Cs shall survive any termination or the cancellation of Account.

Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these T&Cs for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.

Unless otherwise stated in writing, the relationship between Customer and Mamabird Co. shall continue indefinitely.

7.  Content on Site:

All information provided on the Site is accurate at the time of publication. Please note that we may display an image of only one of the sizes of a Product, as images for all sizes may not be available.

You may access such information solely:

  1. For your general information and personal use; and
  2. As intended through the normal functionality of the Site.

THIS SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND CUSTOMERS. WE ARE A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.

8.  Proprietary Rights of Content:

The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Mamabird Co., subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site or Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Products or other materials viewed at, on or through the Site or Services. The posting of information or material at or on the Site by us does not constitute a waiver of any right in such information and materials.

9.  Content Submitted by Customers:

Customers may submit or post personal reviews, opinions or experiences regarding Products listed on the Site. The information listed, uploaded, posted or made available by Customers are those of the respective Customers and not of Mamabird Co., and should not necessarily be relied upon. Customers who post any content are solely responsible for the accuracy, completeness or usefulness of such content. Mamabird Co. does not guarantee the accuracy, completeness or usefulness of any information made available by Customers on the Site and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. Customers understand and agree that Mamabird Co. will not be responsible for, and Customers hereby agree to hold Mamabird Co. harmless from, any and all loss or damage resulting from anyone’s reliance on information or other content posted on the Site by other Customers of the Site.

10.  Customers Submissions and Comments.

This section governs the Submission of any photograph(s), video(s), image(s), text and/or comment(s) or other content to the Site. As Customers you may submit or post video, photographic and textual content or comments (“Submission(s)”). Customers agree that whether published or not, Mamabird Co. does not guarantee the confidentiality of their Submissions. Mamabird Co. does not condone or tolerate the submission of illegal and/or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree, and are fully subject, to these content terms (“Content Terms”). These Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that:

  1. You:

a.     Are eighteen (18) years of age or older

b.     Are an emancipated minor and you are no younger than thirteen (13) years of age

c.     Possess the necessary legal parental or guardian consent to enter into these T&Cs and you are no younger than thirteen (13) years or age;

  1. You, and any other individual(s) portrayed or identified in the Submissions, were at least eighteen (18) years of age at the time that the Submissions were taken, made and/or created or you have previously obtained from their legal parent or guardian the consent for such use, publication and/or display.
  2. You are the individual identified in the Submissions or, if the Submissions identify other individual(s), that you have previously obtained from the individual(s) identified, and/or their authorized representatives, the written permission and consent for such use, publication and/or display. You further agree that you will provide Mamabird Co. with a copy of such written permission and consent upon request. Submissions which identify or contain photographs/images of third parties do not create any type of agreement whatsoever between Mamabird Co. and said third parties as there are no third party beneficiaries to these T&Cs or to the Privacy Policy;
  3. The Submissions do not contain obscene material, as defined under US local, state or federal law, including, but not limited to, violence, other illegal activities, nudity and/or contraband;
  4. You have full rights to use and dispose of any rights including, without limitation, any and all copyrights, associated with the Submissions;
  5. You agree to defend, indemnify, and hold harmless Mamabird Co., its parents, subsidiaries, affiliates, heirs and assigns from any disputes, complaints, and/or legal action taken against you for intellectual property infringement activity, including, but not limited to, trademark, copyright, or patent infringement.
  6. No other party has any rights, including intellectual property rights, to the Submissions;
  7. You hereby grant Mamabird Co., its parents, subsidiaries, affiliates and/or assigns a non-exclusive, unlimited, worldwide, fully paid, irrevocable license to copyright, edit, copy, use, destroy and/or publish the Submissions as permitted by these T&Cs and our Privacy Policy. This license shall permit and include the usage of Submissions in any advertisements in any media or form. This section shall survive any termination of the Agreement.
  8. Mamabird Co. may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever;
  9. You waive any right that you may have to inspect and/or approve any finished product or copy using and/or incorporating the Submissions, or the use to which the Submissions may be applied;
  10. Mamabird Co. may include or add editorial copy and/or other writings or graphics to the Submissions;
  11. You are subject to any other guidelines and/or rules and regulations that may appear at the Site; and
  12. Neither you nor anyone else will receive, either now or in the future, any compensation from anyone, for the Submissions.

11.  Online Conduct:

You are solely responsible for the Submissions and/or other information that you publish, transmit and/or post on the Site, including the Registration Data. You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to:

  1. Post, or attempt to post, any text, audio, photographs, videos or other images containing offensive and/or confidential information;
  2. Impersonate any person or entity;
  3. “Stalk” or otherwise harass any person via the Site;
  4. Engage in advertising to, or solicitation of, other Customers to buy or sell any products or services through the Site;
  5. Transmit any chain letters, spam or junk e-mail to other Customers;
  6. Express or imply, without our specific, prior, written consent that any statements you make are endorsed by Mamabird Co.;
  7. Harvest or collect personal information about other Customers, whether or not for commercial purposes, without their express consent;
  8. 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 or its contents;
  9. Post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of Mamabird Co. or the owner of such proprietary rights;
  10. To access Submissions or the Site through any technology or means other than through the means provided on the Site themselves or other explicitly authorized means Mamabird Co. may designate;
  11. Remove any copyright, trademark or other proprietary rights notices contained on the Site;
  12. Interfere with or disrupt the Site, or the servers and/or networks connected to the Site;
  13. Post, 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;
  14. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
  15. “Frame” or “mirror” any part of the Site, without our specific, prior written authorization;
  16. Use metatags, code or other devices containing any reference to Mamabird Co. or the Site in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and
  17. To use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of Mamabird Co.. Prohibited commercial uses include any of the following actions taken without Mamabird Co.’s express consent: (i) sale of access to the Site or its Services on another website; and/or (ii) use of the Site or its Services, for the primary purpose of gaining advertisements or subscription revenue.

Mamabird Co. reserves the right, but has no obligation, to reject any Account or Submission that does not comply, in Mamabird Co.’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these T&Cs and may result in the immediate termination of your Account pursuant to the terms of these T&Cs. Mamabird Co. reserves the right to pursue any and all legal remedies against Customers who engage in any of the aforementioned prohibited conduct. However, in any event, Mamabird Co. assumes no responsibility for the conduct of other Customers of the Site.

12.  License Grant:

As a Customer, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these T&Cs.

No part of the Site or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, the Services or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’ infrastructure.

Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  5. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  6. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  8. Mamabird Co.’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent c/o Mamabird Co., PO Box 10224, Austin, TX 78766. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

13.  Counter-Notice:

If you believe that your Submissions that were removed (or to which access has been disabled) were not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Submissions, you may send a counter-notice containing the following information to the Copyright Agent:

  1. Your physical or electronic signature;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
  4. Your name, address, telephone number, and e-mail address;
  5. a statement that you consent to the jurisdiction and venue of the United States Federal District Court in Travis County, Texas, USA; and
  6. a statement that you will accept service of process from the person who provided notification of the alleged infringement.

14.  Privacy:

Your privacy is very important to us. To better protect your rights, we have provided you with our Privacy Policy, which may change from time to time, without notice, to explain our privacy practices. To read our Privacy Policy, please use the link provided on each Site’s home page.

15.  Indemnification:

You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, employees, heirs, and assigns (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, its Services or the Products, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any term of these T&Cs or any policies, rules or guidelines referenced herein. If you are a Texas resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

16.  Warranties:

You expressly agree that access and/or use of the Site or its Services is at your sole risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and/or Services may contain bugs, errors, problems or other limitations.

We and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site and/or Services to the fullest extent permitted by applicable law. We and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Site, Services and Products would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site and/or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. We are not responsible to you and/or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, Customer's communications; 2) the conduct of any Customers, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another’s rights, including intellectual property rights.

You agree that Mamabird Co. is not the publisher of Submissions found on the Site and, as such, shall not be liable for damages arising therefrom including, without limitation, any and all criminal and/or civil liability.

Mamabird Co. shall not be liable to you for any Products, Content or information available from third parties, even if obtained at or through the Site and/or Services. If you are dissatisfied with the Site and/or Services or with this Agreement, your sole and exclusive remedy is the cancellation of your membership and to discontinue use of the Site and Services.

MAMABIRD CO. MAKES NO WARRANTY THAT (I) THE SERVICE, PRODUCTS, BOXES OR ANY INFORMATION THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, BOXES, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Third-party Websites: The Site may contain links to other websites owned and operated by Mamabird Co., as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by Mamabird Co., including Facebook. Mamabird Co. has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site. By using the Site, you expressly relieve Mamabird Co. from any and all liability arising from your use of any third party website. Furthermore, Mamabird Co. does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party websites or resources, or for any damages and/or losses arising there from.

Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will bound by the terms and conditions, policy policies, and rules and regulations of any Mamabird Co. or third party website you access through the Site.

17.  Miscellaneous:

Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement.

You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.

The titles and subtitles used in this Agreement are used for convenience only and shall not be considered in the interpretation of this Agreement.

This Agreement and any exhibits attached hereto constitute the entire agreement of the Mamabird Co. Terms of Service and supersede all prior agreements between the customer and Mamabird Co. with respect to the services provided herein.

18.  Legal Warning:

Any attempt by any individual, whether a Customer's or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

19.  Taxes:

You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any district taxes in your jurisdiction.

20.  Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAMABIRD CO. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAMABIRD CO.'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, PRODUCTS OR BOXES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, BOXES, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;  (V) USE, CONSUMPTION, OR PURCHASE OF PRODUCTS SOLD BY MAMABIRDBOX.COM AND/OR MAMABIRD, CO.; (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MAMABIRD CO.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MAMABIRD CO. IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

21.  Refund Policy:

See FAQ Page regarding refunds.

Mamabird Co. will not provide a refund for a request that is received by Mamabird Co. more than thirty (30) days after the date of original shipment. Mamabird Co. also does not provide a refund for returned products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

22.  Dispute Resolution:

Before resorting to the formal dispute resolution steps listed below, we strongly encourage you to first contact us directly to seek a resolution by sending an email to hi@mamabirdbox.com.  Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall first be submitted to mediation in Austin, Travis County, Texas by a mediator appointed by Mamabird Co.  Both parties will share the costs of mediation. If the dispute is not resolved after attempted mediation in good faith, the matter shall be settled by arbitration in Austin, Travis County, Texas in accordance with the rules of the American Arbitration Association.  Any award shall be final, binding and conclusive upon the parties.  A judgment upon the award rendered may be entered in any court having jurisdiction thereof.

This Agreement shall be treated as though it were executed and performed in Travis County, Texas, USA and shall be governed in all respects by the laws of the State of Texas without regard to conflict of law provisions. You agree that any Claim or dispute you may have against Mamabird Co. that is not resolved by mediation or arbitration shall be filed and heard in a state or federal district court in Travis County, Texas, USA, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Travis County, Texas, USA for the purpose of litigating all such Claims or disputes.

You agree to pay the cost of reasonable and necessary attorney fees incurred by Mama Bird Box related to the dispute.

The following terms shall govern any and all claims submitted to arbitration pursuant to this Section 23:

  1. The Mamabird Co. and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

a.     Claims arising out of or relating to any aspect of the relationship between  

                            us, whether based in contract, tort, statute, fraud, misrepresentation, or

                            any other legal theory.

b.     Claims that arose before these or any prior Terms (including, but not

                            limited to, claims relating to advertising);

c.     Claims that are currently the subject of purported class action litigation in

                            which you are not a member of a certified class; and

d.     Claims that may arise after termination of these Terms.

e.     For the purposes of this Arbitration Agreement, references to “Mamabird

                            Co.”, “Mama Bird Box”, “we”, and “us” include our respective subsidiaries,

                            affiliates, agents, employees, predecessors in interest, successors, and

                            assigns, as well as all authorized or unauthorized users or beneficiaries of

                            services or products under these Terms or any prior agreements between

                            the parties.

f.      You agree that, by entering into these Terms, you and Mamabird Co. are

                            each waiving the right to a trial by jury or to participate in a class action.

                            These Terms evidence a transaction or website use in interstate

                            commerce, and thus the Federal Arbitration Act governs the interpretation

                            and enforcement of this provision. This arbitration provision will survive

                            termination of these Terms.

  1. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Mamabird Co. should be addressed to: Notice of Dispute, Mamabird Co., PO Box 10266, Austin, TX, 78766 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”).
  2. If Mamabird Co. and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Mamabird Co. may commence an arbitration proceeding.During the arbitration, the amount of any settlement offer made by Mamabird Co. or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Mamabird Co. is entitled.

 

  1. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Mamabird Co. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Mamabird Co. was a party.

4.         The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND MAMABIRD CO. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Mamabird Co. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

 

5.         All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

23.  Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Mamabird Co. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Mamabird Co. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Mamabird Co. shall immediately issue a credit to your credit card account in the amount of the charge.

 

 

 

 

 


 

REFERRAL PROGRAM

These are the Terms and Conditions applicable to the Mamabird Co. Referral Program (the “Program”). Under the Program, Mamabird Co. (“we”, “Mamabird Co.”, “Mama Bird Box”, or “Company”) offers its Customers the opportunity to provide their friends, family, or other individuals (“Prospective Customer”) with a unique referral ID link (“Personal Link”) that a Prospective Customer can use to sign up for Mamabird Co. services (“Membership”). For each Qualified Referral (defined below) generated through the Customer’s Personal Link, the Customer may receive a Mamabird Co. credit (“Credit”) as specified on the Company’s Referral Program page. We reserve the right to terminate this Program at any time for any reason.

Customers and Prospective Customers that wish to take part in the Program are bound by these Terms and Conditions. If you do not agree and abide by these Terms and Conditions in their entirety you are not authorized to partake in the Program. Customers and Prospective Customers may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which any Credits are earned. We reserve the right to disqualify any Customer or Prospective Customer at any time from participation in the Program.

 

I.  Children:

No part of the Program is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.

 

II.  Privacy:

Prospective Customers that wish to use a Customer’s Personal Link must submit personal information about themselves, such as name and e-mail address information, so that the Company can track the Customer’s Personal Link to their account and prescribe them the Credit. The personal information will be collected, processed and used in accordance with the Company’s Privacy Policy, which can be found at www.mamabirdbox.com In addition, personal information provided by the Prospective Customer may be used by the Company or its service provider, on Company’s behalf, to contact Customers and/or Prospective Customers with regards to their participation in the Program and to receive e-mail communications from Company about its products and services. The Company may send out additional follow-up communications to either the Customer or Prospective Customer to encourage or remind them to refer more Prospective Customers or to complete the registration process. By participating in the Program, Customers consent to receiving such communications by email.

 

III.  How The Program Works:

  1. Program Participation
  2. To participate, a Customer shall provide to the Prospective Customer their Personal Link. The Prospective Customer must click on the Personal Link and complete the sign up in the same session. If the Prospective Customer does not complete the sign up in the same session, the Customer will be not be credited for that referral and will not be eligible for the Credit, even if the Prospective Customer subsequently signs up for a Membership. For purposes of clarification, completion of sign-up in the same session means clicking the Customer Personal Link provided by Customer and completing Mamabird Co. service sign-up within a reasonable period of time and without the Prospective Customer closing their Internet browser or pressing the back button.
  3. Eligible Customer:
  4. To be eligible for Program and to receive Credits, a Customer must:

a.                  Be a legal resident of the United States;

b.                  Be at least 18 years old;

c.                                  Have provided the Prospective Customer with their correct unique

                                        Personal Link; and

d.                  Have a Customership account in good standing with Mamabird Co.

e.                  Employees of the Company, its service providers or any of its or

                                        their subsidiaries, affiliates or promotional agencies, including

                                        immediate family and household Customers, are not eligible.

  1. Personalized Referral Links
  2. MamaBird Co. offers Customers the opportunity to create their own personalized referral name (“Personalized Referral Links”). These Personalized Referral Links may be of any length and include any combination of words and/or numbers of the Customer’s choosing. Personalized Referral Links shall be on a first come, first served basis. You can check Your Personalized Referral Link by going to www.bumpboxes.com/invite[ER1] . Company is in no way responsible of correcting or insuring that the Personalized Referral Links is accurate or correctly formatted or spelled. Under no circumstances may a Personalized Referral Links be transferred or sold to another Customer. Notwithstanding the foregoing the Company reserves the right to revoke, ban, or amend any Personalized Referral Links at any time and for any reason. Any or all Credits earned through a revoked, banned, or amended Personalized Referral Link may be removed from Customer's account by Company. For purposes of clarification, but in no way limiting the Company’s rights to revoke, ban, or amend Personalized Referral Links, the following Personalized Referral Links are explicitly banned and may be grounds for suspension of Membership and removal of any Credits earned:

a.     Personalized Referral Links that imply a discount or savings on Membership (ie: 5DollarsOff, etc.)

b.     Personalized Referral Links that are deemed to be obscene, racist,

 sexist, or offensive in the sole discretion of the Company

c.     Personalized Referral Links that use a trademark, copyright, or the

name of another individual

 

  1. Making a Referral
  2. Customers can refer Prospective Customers by giving their Personal Link to the Prospective Customer. Once a Prospective Customer uses a Customer’s Personal Link and successfully the Prospective Customer signs up for the Mamabird Co. services, the Customer may receive a communication from the Company confirming that the Prospective Customer has signed up. The confirmation communication to the Customer shall include some of the Prospective Customer’s personal information provided to Company such as name and email address. If Customer does not receive such a confirmation communication, then the Prospective Customer did not sign up properly and no Credit will have been earned. The Customer and/or the Prospective Customer may email Company any comments or questions in relation to the failed referral, but it is at the sole discretion of the Company to award Customer the Credit. Customers must only refer Prospective Customers who meet the requirements of these Terms and Conditions and who have consented to receiving communications from Mamabird Co.. Customers cannot refer themselves.
  3. For purposes of emphasis and clarification, by using a Personal Link, Prospective Customers understand that some of their personal information, including but not limited to their name and email address, may be sent to the Customer that provided their Personal Link to the Prospective Customer for confirmation of sign up. As such Mamabird Co. strongly advises that if the Prospective Customer receives a Personal Link from an unknown, untrusted, or public source, such as an Internet forum, the Prospective Customer should not use the Personal Link for their own security purposes.
  4. Qualified Referrals
  5. A Qualified Referral means that all the following conditions are met:

a.  The Prospective Customer completed the registration process for a Membership using the Customer’s Personal Link. If a Prospective Customer registers for a Membership using any other link or method, the registration will not count as a Qualified Referral and the Customer will not be rewarded a Credit;

b.     The Prospective Customer was not previously registered with the Service

 under any other email address or alias; and

c.     The Prospective Customer is a) at least 18 years old; b) meets the

eligibility requirements to become a Customer of Mamabird Co.’s services;

 and c) has consented to receiving communications from Mamabird Co.

d.     The Prospective Customer must purchase at least $29 worth of products.

6.     Earning Credits

Customer shall receive five (5) Credits for each verified Qualified Referral generated through the Customer’s Personal Link. The actual Credit will be determined by Mamabird Co. is its discretion as specified on its Credits Page. If the Credit consists of credit such credit may only be applied in the amount specified by Mamabird Co. towards the Customer’s purchase of future services from Mamabird Co.. A Customer may attain an unlimited number of Qualified Referrals, but any Qualified Referral shall be subject to review at any time by Mamabird Co. and it is in the sole discretion of Mamabird Co. as to the legitimacy and validity of such Qualified Referral.

  1. Verified Qualified Referrals
  2. All Credits are subject to verification. The Company may delay a Credit for the purposes of investigation. Company may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms and Conditions, or Company believes will impose potential liability on Company beyond what is reasonable for this Referral Program, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. Company may cancel, amend or revoke the Credit at any time due to business considerations of circumstances beyond Company’s control. Company is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. All of the Company’s decisions are final and binding, including decisions as to whether a Qualified Referral or Credit is verified.
  3. Value of Credit
  4. Credits have absolutely no monetary value and may not, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to gift cards, certificates, or refunds. Company may cancel, amend or revoke the Credit at any time for any reason.
  5. Transfer of Credits
  6. Credits are personal to the Customer and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Customer’s account for any reason, any unredeemed Credits (including without limitation any unapplied credits) accumulated by the Customer are forfeited.

IV.  LIABILITY:

1. By participating in the Program, both Customers and Prospective Customers agree to:

a.         Be bound by these Terms and Conditions; the decisions of the Company and their designees (including the any possible service providers), and the Privacy Policy of the Company;

b.     Defend, indemnify, release and hold harmless the Company: Defend, indemnify, release and hold harmless the Company, its service providers and its or their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Credit); and

c.     Be contacted by the Company via e-mail.

2. Company shall not be liable for:

a.     Late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible registrations, links, communications or affidavits, regardless of the method of transmission;

b.     Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;

c.     Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time;

d.   Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or

e.     Claims, demands, and damages in disputes among users of the Program.