Last Updated: Janurary 11, 2018
Holistic Lactation reserves the right to modify or amend these Terms at any time. All changes will be effective immediately upon their posting on the Holistic Lactation Sites. Material changes will be posted conspicuously on the Holistic Lactation Sites or otherwise communicated to you. By accessing the Holistic Lactation Sites following posting of changes to these Terms, you agree to all such changes.
Information Only Site
The content available on the Holistic Lactation Sites is provided for informational purposes only. DO NOT RELY ON INFORMATION ON THE HOLISTIC LACTATION SITES, including general health information. Holistic Lactation is not a substitute for direct advice from your health care provider.
Information displayed on the Holistic Lactation Sites is subject to modification without notice. Holistic Lactation reserves the right to modify such information without any obligation to notify past, current or prospective website users. Holistic Lactation makes no representations that the materials on the Holistic Lactation Sites are appropriate or available for use in any particular state or other countries besides the United States. Those who do access the Holistic Lactation Sites are solely responsible for compliance with the laws of the state or country in which they reside. All offers set forth on the Holistic Lactation Sites are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
Intellectual Property Rights
Copyright © 2017-2018. All rights reserved.
The Holistic Lactation Sites, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Holistic Lactation or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to Holistic Lactation or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Holistic Lactation Sites may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Access; Designated Shipping Areas
The Holistic Lactation Sites are intended for access only by residents within our designated shipping areas, currently the continental United States. Potential users in any other jurisdiction whose laws or regulations would void these Terms in whole or in any essential part, or which makes accessing the Holistic Lactation Sites illegal, are unauthorized to use the Holistic Lactation Sites, and do so entirely at their own risk.
Use Of This Site
You may download and/or print one (1) copy of the Holistic Lactation Sites’ content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish, transmit, or create derivative works of any of the content or materials of the Holistic Lactation Sites without the prior written consent of Holistic Lactation
You may not use the Holistic Lactation Sites for unlawful purposes. You may not access, use, or copy any portion of the Holistic Lactation Sites or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Holistic Lactation Sites to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Holistic Lactation Sites or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the Holistic Lactation Sites, commit fraud or falsify information in connection with your use of the Holistic Lactation Sites, or act maliciously against the business interests or reputation of Holistic Lactation.
You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Holistic Lactation Sites.
Linking To The HOLISTIC LACTATION Sites
If you operate a website and are interested in linking to the Holistic Lactation Sites: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL http://www.jacquelinekincer.com or http://www.holisticlactation.com and not to any other pages; (3) the link and its use must be in connection with a website of appropriate subject matter; (4) the link and its use may not be such that may damage or dilute the goodwill associated with Holistic Lactation’ names and trademarks; (5) the link and its use may not create the false appearance that any program, person, or entity is associated with or sponsored by Holistic Lactation; (6) the link, when activated by a user, must display the website full-screen and not with a “frame” on the linked website. Holistic Lactation reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms or through other notice.
Your User Account
You will be required to create an online Holistic Lactation account in order to purchase products using the Holistic Lactation Sites. You will be required to submit certain information in order to set up your account and will be required to establish a username and password.
You warrant that all information you provide to us in connection with your access to and use of the Holistic Lactation Sites is true, accurate, and complete to the best of your knowledge and belief.
We will never ask you for your password in a phone call or in an email unless you call or email us first and need help. Remember to sign out of your account by clicking on “LOGOUT” when you finish each session on the Holistic Lactation Sites.
You are responsible for maintaining the confidentiality of any information you use in connection with the Holistic Lactation Sites, including your username and password. You must immediately inform Holistic Lactation if there is a problem with your account. You are responsible for all activities in your account. Holistic Lactation reserves the right, in its sole discretion, to terminate your use of the Holistic Lactation Sites for any reason without notice or liability, including the unauthorized use of a username or password and breach of these Terms. In connection with your access and use of the Holistic Lactation Sites and that of any person authorized by you to access and use the Holistic Lactation Sites, you are responsible for complying with all applicable laws, regulations and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct.
Payment; Return Policy; Taxes
The prices and availability of products made available on the Holistic Lactation Sites may change at any time without notice to you. Prices remain valid while they are listed and offered on the Holistic Lactation Sites. Prices will be as posted on the Holistic Lactation Sites as of the date and time of your order, as applicable. Availability of products may be limited and products may not be available for immediate delivery. Some products may not be available in certain areas. All orders placed through the Holistic Lactation Sites are subject to the applicable terms and policies of our third-party payment processor. We reserve the right to modify product offerings at any time. We may change product pricing at any time due to market conditions, product discontinuation, or any other circumstances.
Refer A Customer
We Can Suspend Your Account
We can suspend or close your account on the Holistic Lactation Sites or otherwise cease providing the Holistic Lactation Sites in whole or in part at any time and for any or no reason and without notice to you.
Holistic Lactation will not have any liability for failure or delay in performing any obligation to deliver products due to circumstances beyond its reasonable control, including without limitation acts of God or nature, actions of the government, fires, floods, strikes, civil disturbances or terrorism, or power, communications, satellite or network failures.
HOLISTIC LACTATION MAKES ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION AND DATA ON THE HOLISTIC LACTATION SITES ARE ACCURATE AND RELIABLE; HOWEVER, ACCURACY CANNOT BE GUARANTEED. THE HOLISTIC LACTATION SITES AND PRODUCTS ARE PROVIDED BY HOLISTIC LACTATION ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. HOLISTIC LACTATION DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE HOLISTIC LACTATION SITES AND PRODUCTS, INCLUDING WITHOUT LIMITATION ALL WARRANTIES REGARDING AVAILABILITY, QUALITY, ACCURACY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HOLISTIC LACTATION MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE HOLISTIC LACTATION SITES, PRODUCTS, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE HOLISTIC LACTATION SITES, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE HOLISTIC LACTATION SITES. HOLISTIC LACTATION DOES NOT WARRANT OR GUARANTEE (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THE HOLISTIC LACTATION SITES, PRODUCTS, OR ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE HOLISTIC LACTATION SITES OR (2) THAT USE OF THE HOLISTIC LACTATION SITES, PRODUCTS, OR ANY MATERIALS ON THE HOLISTIC LACTATION SITES WILL MEET ANY USER’S REQUIREMENT BY UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. HOLISTIC LACTATION SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.
YOU ACKNOWLEDGE AND AGREE (1) THAT YOUR USE OF THE HOLISTIC LACTATION SITES AND PRODUCTS IS AT YOUR OWN DISCRETION AND RISK, (2) THAT USE OF ANY PRODUCTS, MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOLISTIC LACTATION SITES IS AT YOUR OWN DISCRETION AND RISK, AND (3) THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED. HOLISTIC LACTATION DOES NOT WARRANT OR GUARANTEE THAT FILES OR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THE HOLISTIC LACTATION SITES WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE HOLISTIC LACTATION SITES OR ITS CONTENT, INCLUDING WITHOUT LIMITATION HOLISTIC LACTATION, SHALL BE RESPONSIBLE FOR THE CONDUCT OF USERS OF THE HOLISTIC LACTATION SITES OR FOR INFORMATION POSTED OR EXCHANGED ON THE HOLISTIC LACTATION SITES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOLISTIC LACTATION OR IN ANY MANNER FROM THE HOLISTIC LACTATION SITES SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL HOLISTIC LACTATION OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE HOLISTIC LACTATION SITES, YOUR USE OF THE HOLISTIC LACTATION SITES, ANY LINKED WEBSITE, OR ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THE HOLISTIC LACTATION SITES, OR OTHERWISE ARISING OUT OF YOUR USE OF THE HOLISTIC LACTATION SITES, YOUR INABILITY TO USE THE HOLISTIC LACTATION SITES OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THE HOLISTIC LACTATION SITES, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOLISTIC LACTATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE HOLISTIC LACTATION SITES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL HOLISTIC LACTATION’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Holistic Lactation, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your access to or use of the Holistic Lactation Sites, your use or misuse of any material, information or data downloaded or otherwise obtained from the Holistic Lactation Sites, your order of products through the Holistic Lactation Sites, or your violation of these Terms, including without limitation, your infringement of any intellectual property or other right of Holistic Lactation or any other person or entity.
Interpretation And Disputes
These Terms are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Maricopa County, Arizona, with respect to any dispute arising under these Terms, unless otherwise specifically agreed by Holistic Lactation in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms shall be interpreted and read to give them maximum enforceability. Clerical errors are subject to correction. Any cause of action or claim with respect to the Holistic Lactation Sites must be commenced within one (1) year after the action or claim arises.
Holistic Lactation welcomes comments regarding the Holistic Lactation Sites. If you submit comments or feedback to us regarding the Holistic Lactation Sites, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to the Holistic Lactation Sites.
You acknowledge that these Terms are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and any other documentation, agreements, notices or communications between you and Holistic Lactation may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.
If you have any questions or concerns regarding these Terms, please contact us at:
Holistic Lactation LLC
4500 N. 32nd St., Suite 201D
Phoenix, AZ 85028