Terms and Conditions
LAST UPDATED: 1/10/23
Welcome to WeNatal.
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE SERVICES AS BY USING THE SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE CONDITIONS. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
It is your responsibility to review this Agreement periodically. We may revise this Agreement at any time by updating this posting. However, we will not vary this Agreement to retrospectively increase your liability to WeNatal. If you access, use or view the Services after revisions have been made, you may be forced to accept the revised Agreement and you will be bound by them; therefore, we advise you to periodically review this page for such revisions. If you do not agree to these terms and conditions, please do not use the Services.
- 1) Your Account
When you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should tell us immediately if you have any reason to believe that your password could have become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you provided when registering.
WeNatal reserves the right to refuse access to the Services, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
In order to access certain features of the Services, you may be required to link your account with a social networking site or other third party account, such as Facebook (“SNS“and each such account, a “Third-Party Account“) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Site (“Content“) that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site via your account. You may also share Content obtained or accessed through the Services with such Third-Party Account. You have the ability to disable the connection between your account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.
- 2) Subscription Process, Renewal and Cancellation
Currently, we only ship to addresses within the United States. If you purchase a subscription to WeNatal Vitamins through our Site, every thirty (30) days, we will send you a shipment containing a thirty (30) day supply of vitamin supplements from us. Our subscription term is thirty (30) days so we make sure that you do not run out of your vitamin supplements at the end of each month. Your subscription will continue, and you will be charged, every thirty (30) days, until you choose to cancel. However, please note that all fees for the Services are non-refundable, so if you cancel your subscription, we will send you any outstanding supply of vitamin supplements but will not refund you any amounts for shipments not received as of the date of cancellation. There is no subscription fee associated with your subscription. You will only be charged for the cost of the product (including taxes) and the cost of shipping and handling for the product we send you as part of your subscription. Your subscription will automatically renew on the first day of each thirty (30) day period and the products in your subscription will be shipped to you at the then-current price. You agree that your account will be subject to this monthly automatic renewal feature and that we may charge your Payment Method (defined below) each month upon shipment, unless you cancel your subscription at least five (5) business days prior to the shipment date by logging into and going to the “Subscriptions” section of “Your Account” page or by emailing us at email@example.com. Before shipment, we will send you a reminder e-mail informing you that your subscription is ready to ship. Again, if you do not cancel, then the products in your subscription will ship and the Charges will be charged to your Payment Method.
If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and cancel your subscription in the “Subscriptions” section of “Your Account” page or email us at firstname.lastname@example.org. By subscribing, you authorize us to charge your Payment Method now, and again on each subsequent shipment date. If you choose to cancel your subscription at any time, your subscription will terminate automatically and we will not charge your Payment Method for the subsequent subscription period. You agree that the we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
- 3) Orders and Billing
You expressly agree that WeNatal and its payment platform (Recharge) are authorized to charge you applicable fees, shipping charges and taxes (“Charges”) associated with the products that you order (“Purchase”). To complete a Purchase you will be asked to provide a credit card or other payment method accepted by WeNatal (“Payment Method”). Charges for Purchases owed depend on the specific type and quantity of products, delivery location and shipping method ordered and will be identified during the checkout process, and in your receipt. WeNatal uses third party services (such as Shopify and Recharge) to process Purchases and Payment Methods. Charges are due at the time of Purchase and are not contingent on any events other than the receipt of the ordered products. You must resolve any Payment Method problems before proceeding with your Purchase. When ordering products or using our Site, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may immediately cease to provide any and all products to you if your Payment Method is not current. Your order will be deemed accepted upon our delivery of the products that you have ordered.
- 4) Billing, Payments & Gift Cards
We accept the following Payment Method: (a) bank or credit cards: Visa, MasterCard, American Express and Discover; (b) electronic payment systems (such as Paypal, Apple Pay, Google Pay) and (b) WeNatal gift cards. You may be charged local tax, if applicable. If your Payment Method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts are charged and paid for by you.
We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize WeNatal and its third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. Upon initial registration of your credit card with WeNatal, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact email@example.com.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier (delivery providers). If you are not completely satisfied with your first order, you may request a refund within 30 days of delivery. Refund requests beyond the first order may be declined. Refunds will be issued to the same Payment Method (e.g., credit card, store credit, etc.) used to make your purchase following our receipt of the item being returned. If we are unable to issue your refund to the same Payment Method used for the purchase (such as when you cancel or replace your credit card), then we will issue the refund as store credit. Other refunds will be issued by us in our sole discretion. If you have a refund request, please contact us at firstname.lastname@example.org.
The following terms and conditions(“Gift Card Terms“) describe the terms and conditions that apply to the use of WeNatal digital gift cards (“Gift Cards“). By purchasing, accepting and/or using your Gift Card, you agree to be bound by these Gift Card Terms. If you do not agree with the Gift Card Terms, please do not purchase, accept or use the Gift Card. These Gift Card Terms are subject to and governed by this Agreement, and considered “Supplemental Terms” as defined herein.
WeNatal Gift Cards are issued by Natals, Inc. Gift Cards can be purchased online at WeNatal.com for any value up to one-thousand dollars ($1,000). To purchase a Gift Card, you must define an amount, recipient and recipient e-mail address, and you may select the date on which the Gift Card will be sent to the specified recipient. The recipient may be outside of the United States, but please note that shipping of WeNatal products is only supported within the United States at this time.
When purchasing a Gift Card, you must provide your billing information (e.g., credit or debit card number) at check-out. Gift Cards are non-refundable.
Check the balance of your Gift Card (“Gift Card Balance“) by visiting your account page, or by contacting WeNatal at email@example.com Purchases made with your Gift Card will be deducted from your WeNatal.com account balance. Any unused Gift Card Balance will roll over to your WeNatal.com account balance (“Account Balance“) and can be applied without entering any additional payment information; provided, however, if a purchase exceeds your Gift Card Balance, you must pay the remaining amount with a credit or debit card (or other approved payment method).
Gift Cards do not expire or decrease in value if you do not use them, and they are not subject to inactivity or maintenance fees.
Gift Cards may only be used to redeem the purchase of eligible goods provided by WeNatal in the United States, and may not be used towards the purchase of another Gift Card. Credits issued for loyalty, rewards, goodwill or promotional or similar purposes (“Promotional Credit“) are not Gift Cards and a Gift Card may not be purchased with Promotional Credit. Gift Cards may not be reloaded, resold, or used for payment outside of the WeNatal.com website; used for unauthorized advertising, marketing, sweepstakes or other promotional purposes; redeemed for more than face value; transferred for value; or redeemed for cash (except to the extent required by law). No portion of your Account Balance may be transferred to another WeNatal.com account.
We are not responsible for any stolen Gift Card Balance or use by someone other than yourself or the intended recipient, so please protect your Gift Card balance as necessary. If you suspect someone has copied or stolen your Gift Card Balance, contact WeNatal at firstname.lastname@example.org immediately. WeNatal reserves the right to refuse to accept Gift Cards that are suspected or believed to have been obtained fraudulently. If we learn our customers were negatively impacted by an issue with our Gift Card systems, we’ll work quickly to take care of them. Title to and risk of loss for Gift Cards pass to the purchaser upon sale.
By using a Gift Card, you agree to comply with these Gift Card Terms and this Agreement, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to WeNatal or its customers. Subject to applicable law, we reserve the right, without notice to you, to void Gift Cards (as a component of your Account Balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to a WeNatal.com account (or your Account Balance applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WENATAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR ACCOUNT BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
These Terms shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions.
Any dispute related to Gift Cards shall be handled in accordance with the “Arbitration Agreement” section of this Agreement.
We reserve the right to change these Gift Card Terms without notice, from time to time at our sole discretion. All Gift Card Terms are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. WeNatal may also issue Promotional Credit. Promotional Credit are not subject to these Terms and may be subject to an expiration date and other conditions, as specified on the Promotional Credit or in related promotional materials.
- 5) Pricing and Product Availability
WeNatal is committed to providing our customers with great quality products. We list availability information for products sold by us on the Site, beyond this we cannot be more specific about availability. We have done our very best to display our items as accurately as possible on the site. Please be aware, variations in style, color, size shape and look may occur. Despite our best efforts, a small number of products on our website may be mis-priced. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of that cancellation. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
- 6) Delivery
Delivery times quoted are estimates only, and they are not guaranteed shipping times and should not be relied upon as such. WeNatal, is not be liable for any delivery delays. Please provide a secure shipping address to receive deliveries. WeNatal is not responsible for items that may be stolen from an unsecured delivery address.
WeNatal currently ships to a limited number of International destinations.
- Please note shipping times may vary by country and are not guaranteed.
- Customer is responsible for all local import duties and taxes. Refusal of customs fees will result in the shipment being returned to us. In that event, we will refund the goods but the original shipping fee is not refundable.
- Please check with the customs office of your destination country for the import tax rate for vitamin/prenatal supplements prior to ordering.
- 8) Place of Performance and Applicable Law
WeNatal is a company registered in California, United States. The Company makes no representation that any product referred to or described in the Services is appropriate for use, or available, outside of the United States. WeNatal does not offer the Services or ship any products outside of the United States.
- 9) Content
We have taken reasonable care in the preparation of the content of made available through our Services. However, to the extent permitted by applicable law, WeNatal disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this site. WeNatal shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
- 10) Links
As a service to our visitors, our Services may contain hypertext links leading to other websites that are not operated or controlled by WeNatal. However, even if such third parties are affiliated with WeNatal, WeNatal has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of WeNatal. WeNatal is not responsible for any material on any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
- 11) Intellectual Property
You acknowledge and agree that WeNatal and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
- 12) License for Site access
WeNatal grants you a limited license to access and make personal use of this Site and for no other purpose. This license does not include any resale or commercial use of the Services or contents; any collection and use of any Services, product listings, descriptions, or prices; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information, including images, text, page layout, or form, of WeNatal without express written consent. You may not use any metatags or any other ‘hidden text’ utilizing our or our affiliates’ names or trademarks without the express written consent of WeNatal. Any unauthorized use terminates the permission or license granted by WeNatal.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at www.WeNatal.com as long as the link does not portray WeNatal, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any WeNatal logo or other proprietary graphic or trademark, including those of WeNatals exclusive brands, as part of the link without our express written consent.
WeNatal grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis.
- 13) Your Conduct
You must not use the Services in any way that causes, or is likely to cause, the Services or access to the Services to be interrupted, damaged or impaired in any way. You must not use the Services for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses/malware/destructive files, political campaigning, commercial solicitation, chain letters, mass mailings or any ‘spam’ to cause annoyance, inconvenience or needless anxiety; or
- for any use or purpose not specifically authorized in this Agreement
- 14) Copyright and Database Rights
All content included on the Site, such as photographs, text, graphics, logos, button icons, images and software, is the property of WeNatal or its subsidiaries, its affiliates or its content suppliers and is protected by California, United States and international copyright and database right laws. The compilation of all content on this Site is the exclusive property of WeNatal and its affiliates and is protected by California, United States and international copyright and/or database right laws. All software used with the Services is the property of WeNatal or our software suppliers and is protected by California, United States and/or international copyright laws.
- 15) Copyright Complaints
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site belong to you and infringe your copyright, you, or your agent, may send to WeNatal a written notice by mail, e-mail or fax, requesting that WeNatal remove such material or block access to it.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to WeNatal a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.
- 16) Product Reviews
WeNatal reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that WeNatal is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. WeNatal does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iii) your review will comply with the terms set forth herein. If WeNatal determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Review without notice. Further, WeNatal may remove any Reviews in the event it determines, in its sole discretion, that a Review:
- Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE) and/or the NASDAQ;
- Provides information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Constitutes mass mailings or “spamming”, “junk mail”, “chain letters”or “pyramid schemes”;
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including WeNatal;
- Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
- Is unrelated to the topic of the Reviews or products in which such Review is posted; or is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the Services, or (iii) may expose WeNatal or its users to any harm or liability of any type.
- 17) Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum or similar pages ( “Feedback” ) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site and Services.
- 18) WENATAL Mobile Message Service Terms and Conditions
The WENATAL mobile message service (the “Service”) is operated by WENATAL (“WENATAL”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.) promotions, specials, and other marketing offers (e.g., cart reminders)] from WENATAL via text messages through your wireless provider to the mobile number you provided. Message frequency varies. [[If sending in the US or Canada] Text the single keyword command STOP to [insert your sending number][If sending using an alphanumeric sender ID in the UK] Click the unsubscribe link in any text message to cancel at any time. to cancel at any time.] You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other WENATAL mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance email email@example.com
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
- 19) Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions
- 20) Minors and Children
The Services are not intended for use by persons under the age of 18 (“Minors”). Minors should not use the Services without the supervision of a parent or legal guardian, and should not register for an account or submit any personal information to us. By using the Services unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older.
You are hereby notified that parental control protections, such as computer hardware, software or filtering services, are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that WeNatal does not endorse any of the products or services identified on such sites.
- 21) Indemnity
You shall indemnify WeNatal and any third part, including our subcontractors, from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the company site or purchase of goods and/or services from that site which are brought or threatened against WeNatal or suffered or incurred by WeNatal by another person or entity.
- 22) Events Beyond Our Reasonable Control
WeNatal shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, or extremely severe weather, explosion, war, disorder, flood, industrial disputes, whether or not involving our employees, acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
- 23) Warranty Disclaimer
THE SERVICES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, WENATAL EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH A PURCHASE YOU MAKE VIA THE SERVICES, PLEASE RETURN IN IN ACCORDANCE WITH OUR RETURN AND REFUND POLICY.
- 24) No Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED WITHIN THE SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION ARE FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PROVIDED THROUGH THE SERVICES IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
- 25) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WENATAL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES HOWEVER CAUSED, INCLUDING DAMAGES FOR PRODUCT DEFECT, COMPUTER MALFUNCTION, LOST PROFITS, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, AND/OR THE COST TO OBTAIN SUBSTITUTE SOFTWARE OR SERVICES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WENATAL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WENATAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE LOWER OF: THE AMOUNT ACTUALLY PAID TO WENATAL FOR PRODUCTS IN THE MONTH PREVIOUS TO ANY CLAIM OR USD$50.00. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE YOU AND WENATAL AND WENATAL WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THIS LIMITATION OF LIABILITY. THE ABOVE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT OR ANY ORDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SET OUT IN THIS CLAUSE, IN WHICH CASE IT MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF WENATAL.
- 26) Indemnity
- 27) Modification of Terms of Service
WeNatal can amend this Agreement at any time and will update and post the updated Agreement on the Site in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this Agreement. Your continued use of the Site or the Services signifies your acceptance of any updated Agreement.
WeNatal will endeavor to notify you of material changes to the Agreement by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. Any changes to the Agreement will be effective immediately for new users of the Site or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have a registered account on the site upon the earlier of thirty (30) days after posting notice of such changes on the site or thirty (30) days after dispatch of an e-mail notice of such changes to registered users. For this additional reason, you should keep your contact and profile information current. Any changes to this Agreement, other than as set forth in this paragraph, or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this Agreement on our part via telephonic or email communications shall be valid.
- 28) Complete Agreement
- 29) Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or delays of transportation or shipping facilities, fuel, energy, labor or materials.
- 30) Assignments
- 31) Waiver
If you breach these conditions and we take no action, WeNatal will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- 32) Severability
If any portion of this Agreement is held to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
- 33) Termination.
- 34) Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of the state of California, United States, without regard to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. To the extent that any lawsuit or court proceeding is permitted under this Agreement, you and WeNatal agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles, California for the purpose of litigating all such disputes (“Courts”). Except for claims subject to binding arbitration, as provided below, venue for any claim brought by any party shall exclusively lie in the Courts.
- 35) Arbitration Agreement
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, WeNatal advertising, communications you receive from WeNatal, or to any aspect of your relationship with us, will be resolved by binding arbitration by a single arbitrator, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at the following address:
2121 Ave of the Stars, Suite 800, Century City CA 90067. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND WENATAL INC. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in paragraph a. above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in the Courts. All other claims shall be arbitrated.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
- Modifications. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.
- 36) Consumer Complaints
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- 37) Notices
When you visit www.WeNatal.com or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. Where we require that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to WeNatal at the following address: 2121 Ave of the Stars Suite 800, Century City CA 90067. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- 38) Our contact details
WeNatal is an incorporated company registered in California, United States.
You can contact us by emailing firstname.lastname@example.org
Or you can contact by mail at our corporate offices: 2121 Ave of the Stars, Suite 800, Century City CA 90067
Effective as of January 1, 2022
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