Terms and Conditions for MomminFromScratch.com

Welcome to our website. By accessing and using our website (momminfromscratch.com & whatmomsmake.thrivecart.com), you agree to be bound by these terms and conditions. If you do not agree with any part of these terms and conditions, please do not use our website.

Introduction

These terms and conditions govern the sale and use of digital products (such as courses, digital downloads, files, and templates) that are sold on this website. By purchasing and downloading any digital product on this website, you agree to be bound by these terms and conditions.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Conduct

Users may browse the website and purchase goods, items and services via one-time payments. Users cannot create accounts or upload their own content.

Users are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

External Links

For the convenience of users, MomminFromScratch.com provides links to external websites. I assume no responsibility for the content, policies or practices of these sites. Use of external links does not imply endorsement of the linked sites.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

License and Use

Upon purchasing a digital product, we grant you a limited, non-exclusive, non-transferable license to use the digital product for your personal or business use, as specified in the product description. You are not allowed to sell, distribute, share, or license the digital product to others, or to use the digital product for any unlawful or unauthorized purpose.

Payment and Refunds

All payments for digital products sold on this website must be made in advance. We accept payment by credit card, PayPal, or any other payment method that we may specify from time to time. All sales are final, and we do not offer refunds or exchanges for digital products unless we determine in our sole discretion that a refund is appropriate due to extenuating circumstances.

Intellectual Property

The digital products sold on this website are protected by copyright and other intellectual property laws. You acknowledge that we own all rights, titles, and interests in and to the digital products, including all copyright, trademark, and other intellectual property rights. You agree not to remove, obscure, or alter any copyright or other proprietary rights notices affixed to or contained within the digital products.

The text, images, graphics, logos, button icons, downloads, data compilations and software used on MomminFromScratch.com are the exclusive property of Elizebeth Gidley and are protected by United States and international copyright laws.

Users may not copy, imitate, reproduce, republish, upload, post, transmit or distribute any content from MomminFromScratch.com in any way without prior written permission.

User Feedback

We welcome feedback and suggestions from users to help improve the site. Any feedback or suggestions provided may be used without compensation or credit to the individual user.

Disclaimer

The information on MomminFromScratch.com is provided on an “as is” basis without warranties of any kind. We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of the content.

Disclaimer of Warranties

We make no warranties or representations regarding the quality, accuracy, completeness, or reliability of any digital product sold on this website. You acknowledge that the digital products are provided on an “as is” and “as available” basis, without any warranty or representation of any kind, whether express or implied.

AS IS” and “AS AVAILABLE

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

To the maximum extent permitted by law, Elizebeth Gidley will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to the use of this site or the purchase or use of any digital product sold on this website, even if we have been advised of the possibility of such damages.  This includes direct, indirect, incidental, punitive and consequential damages. Our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you for the digital product.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Termination

We may terminate your access to the site at our sole discretion, for any reason, including if we believe you have breached these terms and conditions.

Indemnification

You agree to indemnify and hold us harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your use of any digital product sold on this website.

Governing Law and Dispute Resolution

These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which we are located. Any dispute arising from or related to these terms and conditions shall be resolved exclusively by arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction in which we are located, and the award of the arbitrator shall be final and binding.

We aim to resolve any disputes with users quickly and efficiently. If you have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If a dispute arises, users should contact us directly at [email protected]. We will do our best to resolve the matter through good faith discussion.

EU Users

By using this site, European Union users consent to the collection and processing of their personal data in the United States.

Severability & Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation & Interpretation

These terms and conditions are written exclusively in English. Any translation is provided for reference only. In the event of a discrepancy, the English version prevails.

Modifications to Terms and Conditions

We reserve the right to modify these terms and conditions at any time, without prior notice to you. Your continued use of our website and purchase of digital products following any such modification constitutes your acceptance of the modified terms and conditions.

Contact Information

If you have any questions or comments about these terms and conditions, please contact us at [email protected].