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Terms of Purchase
Updated: March 1, 2008 Please read the Terms of Purchase carefully before completing your purchase. Contents of Terms of Purchase: 1. Acceptance 2. Purchase of Products and/or Services 3. Terms of Payment 4. Prices 5. Taxes 6. Digital Delivery of Product 7. 100% Money-Back Guarantee 8. Indemnification 9. Disclaimer 10. Choice of Law 11. Arbitration 12. Mediation Preceding Arbitration 13. General 14. Questions on Terms of Purchase 1. Acceptance The terms and conditions set out below, together with the general Terms and Conditions of Use for this web site (the “Site”), are the terms of purchase that apply to your online purchases of products from breastfeedingbasics.info, Jessica Solomon, and WAHM BAM Company (collectively, the“Seller”) through this Site (the “Terms of Purchase”). Please read the Terms of Purchase carefully before purchasing or downloading a product from Seller through this Site. By making a purchase or downloading a product, you are confirming that you have read the Terms of Purchase and that you agree to be bound by the Terms of Purchase. The Terms of Purchase are subject to change without notice, therefore you should always read the Terms of Purchase before making a purchase. In the event of any conflict or inconsistency between the Terms of Purchase and any terms, rules, policies or guidelines posted elsewhere (and, to the extent applicable, all other terms and conditions made available to you (in any manner or form) in connection with any products or services purchased online on this Site), the Terms of Purchase shall be the governing terms. 2. Purchase of Products and/or Services The products offered by Seller are available for purchase by you, subject to availability. You agree to provide us with all information required to complete the transaction of paying for your Products and/or Services. 3. Terms of Payment Payments may only be made through PayPal using a credit card, PayPal account, or any other payment method offered through PayPal. 4. Prices All prices listed on the Site are quoted without shipping charges. Prices and specifications are subject to change without notice, therefore you should always check prices before making a purchase. 5. Taxes Unless otherwise stated herein, the prices listed on the Site do not include customs duties or sales, use, excise, or other similar taxes. You may be required to pay, in addition to the prices quoted, the amount of any present or future customs duties or sales, use, excise or other similar tax applicable to the merchandise covered by this Agreement. 6. Digital Delivery of Product Once your order has been placed with us, you will be given a confirmation via e-mail. Once your order has been confirmed, you will be provided with information on how to download the product. If there is a problem with your order, we will contact you via e-mail. All deliveries are subject to the policies and procedures of Seller, which policies and procedures are subject to change without prior written notice. Please note that Seller will assume that you have received each e-mail, unless and until you notify Seller to the contrary. 7. 100% Money-Back Guarantee Products are covered by a 30-day 100% money-back guarantee. If for any reason you are not satisfied with your purchase, Seller will refund the entire purchase price. You must notify the Seller within 30 days of the purchase to qualify for the refund. 8. Indemnification You shall defend, indemnify and hold harmless each of Seller, its affiliates, and each of their officers, directors, employees and agents from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleged to have resulted, or resulting from your use of your online purchases of products from Seller, or for any breach of these Terms of Purchase. 9. Disclaimer The information contained in the Seller's products is not intended as medical, legal, or accounting advice, nor is it intended as any type of professional advice. If you require professional advice or counseling, you should seek that advice or counseling from a licensed professional. If you or your child require medical treatment, or if you are not sure if you or your child require medical treatment, you should consult with a licensed health care provider immediately. The Seller makes no guarantees as to the results you will experience using the Seller's products. 10. Choice of Law These Terms of Purchase shall be governed by the laws of the State of Oregon and the federal laws of United States of America applicable therein, without reference to its conflict of laws principles. 11. Arbitration Any and all claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future) arising out of a product purchased through this Site or from these Terms of Purchase, or oral or written statements, advertisements or promotions relating to these Terms of Purchase or to such a product; or the relationships which result from these Terms of Purchase (including relationships with third parties who are not signatories to this agreement) (each, a "Claim"), will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 12. Mediation Preceding Arbitration Any and all claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future) arising out of a product purchased through this Site or from these Terms of Purchase, or oral or written statements, advertisements or promotions relating to these Terms of Purchase or to such a product; or the relationships which result from these Terms of Purchase (including relationships with third parties who are not signatories to this agreement) (each, a "Claim"), that cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, each party may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance the parties hereby agree to submit to the jurisdiction of the courts of the State of Oregon and to waive any objections based upon venue in any such action, suit or proceeding. 13. General The Terms of Purchase (together with the Terms and Conditions of Use) constitute the entire agreement between Seller and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Seller or its affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms of Purchase or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Purchase, and the remainder of the Terms of Purchase shall continue in full force and effect. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Seller. Seller failure to insist upon or enforce strict performance of any provision of the Terms of Purchase or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms of Purchase shall be made except by a revised posting on this page. The Terms of Purchase shall enure to the benefit of Seller and its affiliates. Any and all references in the Terms of Purchase to Seller and its affiliates shall, where the context so permits, include Seller’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. Seller may assign its rights and duties under these Terms of Purchase to any party at any time without notice to you. You may not assign your rights and duties under these Terms of Purchase to any party at any time. The terms and conditions herein shall survive the completion of performance, cancellation or termination of these Terms of Purchase. 14. Questions on Terms of Purchase Should you have any questions regarding the Terms of Purchase, you may contact Seller at the Customer Service contact address provided with your purchase confirmation. |
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