TERMS AND CONDITIONS
1. Welcome to Digi-Clicks LLC:
a. Digi-Clicks LLC (“Digi-Clicks,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://simplymomtobe.com (the “Site”). Collectively, such services, including any new features and applications, and the Site, (the “Service(s)”, are subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any applicable revisions. We will post any revisions to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such revisions constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
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 pCopyright Law and are the sole property of Digi-Clicks LLC. 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 Digi-Clicks LLC.
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 SOME CONTENT PROVIDED BY CUSTOMERS. WE ARE A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.
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 HARRIS COUNTY, TEXAS.
BY CREATING AN ACCOUNT AT THE SITE, PURCHASING A PRODUCT, SIGNING UP FOR A GIVEAWAY OR LOGIN IN TO THE SITE USING SOCIAL MEDIA CONNECT, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US, ANY OF OUR AFFILIATES OR 3RD PARTIES.
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 SOME PRODUCTS WITHIN THE BOXES ARE MANUFACTURED BY DIGI-CLICKS, IN ADDITION TO DIGI-CLICKS SUPPLIERS.
3. 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 SIMPLY MOM TO BE 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 “SIMPLY MOM TO BE” 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.
4. Refund Policy:
See FAQ Page regarding refund.
Can I return my box/order?
Yes you can! If for any reason you are not satisfied with your purchase from Simplymomtobe.com you’ll have 30 days to return products you order. Please email us at Heymom@simplymomtobe.com to request an RMA – Return Merchandise Authorization. Shipping and handling fees are the costs of us sending the product to you and will not be refunded. Please allow 7-10 business days for return processing.
Requests for refund or exchange of merchandise purchased by check must be accompanied by the original receipt. Refunds will be made in the form of the original payment, unless we agree to credit a different payment type. Requests to exchange merchandise received as a gift must be accompanied by a gift receipt.
What should I do if my order arrived damaged?
Yes you can! If you received damaged product, please retain the box, packaging and all contents and contact us as soon as possible at Heymom@simplymomtobe.com for assistance.
I ordered/received the wrong product… What can I do?
If your online order is not as expected, please contact us at Heymom@simplymomtobe.com for assistance.
I got a box/product as a gift. Can I return it?
We will issue store credit. We may require you to provide your name and address, unless we have it on file. Please email us at Heymom@simplymomtobe.com.
What about price adjustment?
Simply Mom To Be gladly honors a one-time price adjustment on full-price merchandise within seven days of the retail purchase or mail-order ship date if accompanied by the original receipt. Items not purchased at full price are ineligible for price adjustments.
Can I return items on sale?
Monogrammed, personalized or final sale items cannot be returned or exchanged.
Please contact us immediately after placing your order. We will do everything we can to accommodate your request. Take in mind that the time window for changes or cancellations is very short. If the order had been shipped, we won’t be able to cancel it.
6. Registration and Passwords:
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.
9. Intellectual Property Rights:
Service Content, Software and Trademarks:
a. You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Digi-Clicks, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Digi-Clicks, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Digi-Clicks.
b. The Digi-Clicks and SIMPLY MOM TO BE names and logo’s are trademarks and service marks of Digi-Clicks (collectively the “Digi-Clicks Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Digi-Clicks. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Digi-Clicks Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Digi-Clicks Trademarks will inure to our exclusive benefit.
Third Party Material:
c. Under no circumstances will Digi-Clicks be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Digi-Clicks does not pre-screen content, but that Digi-Clicks and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Digi-Clicks and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Digi-Clicks, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Posted on the Site:
d. You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Digi-Clicks and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
e. You acknowledge and agree that any designs, questions, comments, suggestions, ideas, feedback (including without limitation those related to products and Boxes) or other information about the Site or the Service (“Submissions”), provided by you to Digi-Clicks are non-confidential and Digi-Clicks will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
f. You acknowledge and agree that Digi-Clicks may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Digi-Clicks, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
g. Digi-Clicks respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Digi-Clicks of your infringement claim in accordance with the procedure set forth below.
h. Digi-Clicks will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Digi-Clicks’ Copyright Agent at [=] (Subject line: “DMCA Takedown Request”) email@example.com.
Third Party Websites:
i. The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Digi-Clicks has no control over such sites and resources and Digi-Clicks is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Digi-Clicks will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Digi-Clicks is not liable for any loss or claim that you may have against any such third party.
11. Indemnity and Release:
You agree to release, indemnify and hold Digi-Clicks and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, (including reasonable attorneys’ fees), rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. You waive any statute or doctrine to the effect that 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.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIGI-CLICKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DIGI-CLICKS 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.
13. Third-party Websites:
The Site may contain links to other websites owned and operated by Digi-Clicks, 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 Digi-Clicks, including Facebook. Digi-Clicks 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 Digi-Clicks from any and all liability arising from your use of any third party website. Furthermore, Digi-Clicks 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 Digi-Clicks or third party website you access through the Site.
14. DISPUTE RESOLUTION:
If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Digi-Clicks agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Site (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an email to firstname.lastname@example.org. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law and Forum – This Agreement shall be treated as though it were executed and performed in Houston, Texas 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 us must be resolved by a court located in Harris County, Texas, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Harris County, Texas for the purpose of litigating all such Claims or disputes.
Any attempt by any individual, whether a Customers 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.
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.
17. Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIGI-CLICKS 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 DIGI-CLICKS 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; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DIGI-CLICKS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DIGI-CLICKS 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.
18. Demand for Arbitration:
The Digi-Clicks seeks to resolve any customer concerns through our Support services. If you are dissatisfied with our customer service’s resolution and seek further action, you and Digi-Clicks agree to resolve disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
Digi-Clicks is committed to resolving all disputes in a fair, effective, and cost-efficient manner. Accordingly, these Terms and Conditions provide that disputes will be resolved in binding arbitration or small claims court. Digi-Clicks’ arbitration provision, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. The Digi-Clicks will abide by the terms of its current arbitration provision in all instances.
19. 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, Digi-Clicks shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Digi-Clicks 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, Digi-Clicks shall immediately issue a credit to your credit card account in the amount of the charge.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.