Womb Box

Terms & Conditions

TERMS AND CONDITIONS

Womb Family LLC, (“Womb” or “Company” or “we/us/our”) is the operator of the www.womb-box.com site (the “Site”). Womb’s social media accounts on Instagram, Facebook, Pinterest, Twitter and YouTube are also considered to be covered under the definition of “Site” for the purposes of these Terms.

Womb offers this website, including all information, tools and services to you, conditional upon your acceptance of these Terms and Conditions (these “Terms”). These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, third-parties who receive our services as gifts, and/or content contributors. By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree to these Terms, you should not use or access this Site.

Womb reserves the right to revise, update, change or replace these Terms at any time by updating this page. You can review the most current version of the Terms any time on this page. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes.

Agreement to these Terms also constitutes your agreement to the Womb Privacy Policy (the “Privacy Policy”), which are incorporated herein. You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, medical disclaimers (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall prevail.

Womb reserves the right to refuse service or access to the Site to anyone at any time, without any reason. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty.

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Womb. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of Womb. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

Prohibited Uses

You agree not to use the Site or its content for any of the following purposes:

Womb reserves the right to suspend your access to the Site or revoke your ability to access our products and services if you are found in non-compliance or violation of these prohibitions or any of the other Terms.

Eligible Users

You hereby agree and acknowledge that you are either eighteen (18) years of age or older, emancipated minors, or possess the necessary legal parental or guardian consents to access this Site and to enter into these Terms. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these Terms. Notwithstanding the above, 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.  

This Site was designed for users who are legal residents of the United States and its territories. We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Users from other countries are advised not to disclose personal information unless they consent to having their information used as set forth in our Privacy Policy rather than under the law of user’s home country.

User Information

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Womb the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

You agree that by placing an order on the Site, you are entering into a binding contract with Womb and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Womb’s Services

Users can sign up for our services and receive boxes or packages of goods, samples, offers, coupons, articles and other information (“Service”) as per the subscriptions detailed below. Users can review products, and sign up to receive newsletters with information and offers. The contents of each box vary, and Womb makes no guarantees regarding the content of newsletters, that users will receive a particular product in a box or that certain products will be available in every box. Many of our suppliers’ products come in limited quantities and may not be available in the future. The products within the Boxes are not manufactured by Womb, but rather by Womb’s suppliers. If you have any questions or complaints about a product, please contact us at hello@womb-box.com.

Subscriptions

Womb offers various subscription types: including one-time box (“Single Box”); prepaid subscriptions of three months (“3-Month Subscriptions”); and prepaid gift subscriptions of three months (“Gift Subscriptions”).

Single Box

By purchasing a Single Box, you agree and acknowledge that you have a one-time payment charge at the then-current price to be paid upfront.

Cancellation Policy for Single Box

You may cancel your Single Box within 24 hours of placing the order. Once the order is shipped, we will not be able to cancel the transaction. To cancel your Single Box, please send us a message at hello@womb-box.com and we will do it for you.

3-Month Subscription

By purchasing a 3-Month Subscription, you agree and acknowledge that your subscription has an initial pre-payment for one month and a recurring monthly subscription renewal fee for the remaining two months. You accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Womb after the expiration date of your payment card.

Cancellation Policy for 3-Month Subscription

You may only cancel your 3-Month Subscription during the first month of the subscription. Once the order is shipped, we will not be able to cancel the transaction. To cancel your 3-Month Subscription, please send us a message at hello@womb-box.com and we will do it for you.

Gift Subscriptions:

For Gift Subscriptions, you agree to make the entire payment for the three months upfront.

Cancellation Policy for Gift Subscriptions

You may cancel your Gift Subscription within 3 days of placing the order. Once the order is shipped, we will not be able to cancel the transaction. To cancel your Gift Subscription, please send us a message at hello@womb-box.com and we will do it for you.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy.

Shipping

Shipping

All orders are processed and shipped within 5-7 business days of receipt of payment via USPS or UPS. Tracking numbers will be provided to you once the order is shipped. Please place your orders with enough time to account for 1-5 business days (after order is shipped by us) for standard delivery by USPS or UPS, although it typically takes 2-3 business days by USPS or UPS. We do offer an express shipping option at checkout. No refunds or cancellations will be offered if an order is delivered later than expected because of delays in shipping due to USPS or UPS. 

Returns

All sales are final and we do not offer returns on orders once processed. If an item has been damaged in transit, please contact us at hello@womb-box.com within 2 days of receipt.

Product Information; Modifications; Limitation on Quantities

Womb strives to ensure that the information on the Site is complete, reliable and current, in exclusion to the materials and content posted on the Site by users. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability.

Prices for our products and services are subject to change at any time without prior notice. All descriptions, images, references, features, content, specifications, products, described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. We do not guarantee that all products described on our Site will be available at all times. Certain products may have limited. We reserve the right to modify or discontinue a service at any time, without prior notice. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of any service.

We also reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).

Intellectual Property Rights

You acknowledge and agree that the content (other than content that may be submitted by users), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Womb or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All other trademarks are the property of their respective owners. All of our Site's content is Copyrighted by Womb Family LLC, all rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Womb.

User comments, feedback and submissions

We value your engagement and love hearing from you about how you are using our products. By submitting or posting any materials or content on the Site, you grant Womb a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. Therefore, you agree that we may, at any time and without any restrictions, edit, copy, publish, distribute, translate and otherwise use on our Site any comments, pictures, suggestions, videos received from you. In doing so, we shall be under no obligation to maintain pay a compensation or maintain your anonymity, unless so discussed in advance.

You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Womb the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Womb will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

Notwithstanding the above, we are under no obligation to post the content and materials received from you and we reserve the right not to post your content if it contains, among others, any of the following types of content or violates other guidelines:

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via hello@womb-box.com.  

General Disclaimers

You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WOMB DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Womb makes no warranties of any kind regarding any non-Womb sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Womb makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Womb sites. Womb does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

Please also refer to our Medical Disclaimer, which forms a part of these Terms.

Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.

Indemnification

You agree to indemnify, hold harmless, and defend Womb, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Site, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.

Limitation of Liability

EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF WOMB, IN NO EVENT SHALL WOMB, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF WOMB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF WOMB, IN NO EVENT SHALL THE TOTAL LIABILITY OF WOMB, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO WOMB IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Intellectual Property Right Infringement; Notice and Take Down Procedures

Womb specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Womb will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

Womb Family LLC

725 Camp Springs Lane,

Georgetown, Texas - 78633

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

Please contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms.

Waiver; Remedies

The failure of Womb to partially or fully exercise any rights or the waiver of Womb of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Womb or be deemed a waiver by Womb of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Womb under these Terms and any other applicable agreement between you and Womb shall be cumulative, and the exercise of any such right or remedy shall not limit Womb’s right to exercise any other right or remedy.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions shall nonetheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

These Terms and any Additional Terms on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

The laws of the State of Texas shall govern these Terms without regard to conflict of law provisions.

Dispute Resolution

Before resorting to the formal dispute resolution steps listed below, we strongly encourage you to contact us directly to seek a resolution by sending an email to hello@womb-box.com.

Any controversy or claim arising out of or relating to the use of this Site, these Terms, or a breach thereof, shall first be submitted to mediation in Georgetown, Williamson County, Texas by a mediator appointed by Womb.  Both parties will share the costs of mediation. If the dispute is not resolved after attempted mediation in good faith, the matter shall be settled by arbitration in Georgetown, Williamson County, Texas in accordance with the rules of the American Arbitration Association.  Any award shall be final, binding and conclusive upon the parties.  A judgment upon the award rendered may be entered in any court having jurisdiction thereof.

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

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

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

  1. Womb and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
  1.   Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
  2.  Claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
  3.   Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  4.   Claims that may arise after termination of these Terms.
  5.   For the purposes of this Arbitration Agreement, references to “Womb”, “we”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between the parties.
  6.    You agree that, by entering into these Terms, you and Womb are each waiving the right to a trial by jury or to participate in a class action.
  1. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
  2. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Womb should be addressed to: Notice of Dispute,725 Camp Springs Lane, Georgetown, Texas - 78633 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”).
  3. If Womb and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Womb may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Womb or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Womb are entitled.
  4. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Womb. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Womb was a party.
  5. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WOMB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Womb agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
  6. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

ADDITIONAL TERMS

Medical Disclaimer

Womb does not manufacture any of the products on our Site and we source and curate the products in our boxes for our users from various manufacturers and suppliers. All of the products in our boxes are labelled with possible allergen ingredients. Womb does not represent or warrant that the nutrition, ingredient, allergen, and other product information on the products or on our Site are accurate or complete since this information is provided by the product manufacturers or suppliers and on occasion manufacturers may modify their products and update their labels. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate. We recommend that you do not rely solely on the information presented on our Site and that you consult the products label or contact the manufacturer directly if you have a specific dietary or allergic concern or question about a product.

Disclaimer – No Professional Advice

Our Site may contain general information about post-partum care, products and parenting. This information is not complete or comprehensive. Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) on our Site or in our informational materials such as newsletters, e-mails etc. is for informational purposes only. The statements made by us have not been evaluated by the Food and Drug Administration.

The products on our Site are not intended to diagnose, treat, cure or prevent any disease. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website. You should not rely on the information on this Site as an alternative to medical advice from your doctor or healthcare provider. Nothing contained on this 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.

Always ask your doctor before the use of any new products, especially if you have been diagnosed with any health conditions, are prescribed any medications, or have a sensitivity or allergy. Should you have any healthcare related questions, please call or see your physician or other qualified healthcare provider promptly and obtain professional medical advice.

MEDICAL EMERGENCY: Call your Doctor or Emergency Services immediately in case of an emergency. Do not use this Site for medical emergencies.

Questions: Should you have any questions regarding these Terms you may contact us at hello@womb-box.com.

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