Terms & Conditions
Maternal Concepts Terms of Service
Welcome to the Maternal Concepts website (the “Site”). The Site is operated by Maternal Concepts, Inc. (the “Company”, “we” “us” “our”). By accessing or using our Site you acknowledge that you have read, understand and agree to be bound by these Terms of Services (“Terms”). As used herein, “User” or "Users" means anyone who accesses and/or uses the Site.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN DO NOT USE THE SITE.
These Terms are effective as of the date posted above and we will not be bound by any additional or different terms or other documents that are inconsistent with these Terms. Company may modify or update these Terms at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and Services (as defined below) once they are posted. Your continued access to the Site and/or use of the Site or the Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms.
Description of Services. Subject to the terms and conditions in these Terms, Company offers Users information regarding our products and allows Users to purchase such products through the Site. The Site also permits Users to establish an account, sign up for product information and updates, submit feedback or User comments, contact customer service, and otherwise interact with the Site (the “Services”). Certain aspects of our Services require Users to provide personal information.
Use of the Site. Maternal Concepts’ name, the terms Maternal Concepts, Evert-It™, Suckle-Cup™, SuppleMate™, Maternal Concepts’ logo and all related trademarks, logos, service marks, product and service names, designs, and slogans (collectively, the “Trademarks”) displayed on the Site, are registered and unregistered trademarks of Maternal Concepts. Company retains all right, title, and interest in and to the Services, as well as all data, information, content, and material provided on the Services. No Site Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, without Company’s prior written permission.
Content of the Site and Products. Company does not guarantee that information on the Site is accurate, complete or current. Prices and descriptions for Company products are subject to change without notice. Information on our Site may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, offers, shipping and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate. We reserve the right to discontinue the Site or any Service or product at any time.
Prohibited Interference. You agree to use the Site and the Content only for lawful purposes and in accordance with these Terms and applicable law.
Your Account. To access the Site or certain aspects of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. Your user name and password are for your personal use only. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, phone, or device, and you agree to be responsible for all activities that occur under your account or password. Company reserves the right, but does not assume any responsibility, to monitor your password and, in its sole discretion, require you to change it. If you use a password that Company considers insecure, we reserve the right, but do not assume any responsibility, to require the password to be changed and/or terminate your account.
Underaged Users. The Site is a general audience site intended for use by individuals over the age of 18, and we will not knowingly collect, use or disclose any information from children under the age of 18 or from users of websites directed at children under the age of 18. If you are under 18, you may use this Site and engage in online purchases only with involvement of a person older than 18.
No Medical Advice. The Content is for informational purposes only. Any advice or information provided on the Site does not create a professional relationship, is not an aid to making medical decisions, and is not marketed, promoted or otherwise intended to be used to diagnose any disease or other condition, or to cure, mitigate, treat or prevent any disease. The Site is not a substitute for professional medical advice, diagnosis, or treatment.
Cancellation. Products authorized to be returned have a 60-day return period from the purchase date. Return of products shall result in Company issuing to the User full credit, replacement, or refund, at the Company’s sole discretion. The amount of credit, replacement or refund shall be subject to a minimum restocking fee on all returns other than Warranty returns. Discontinued Products may not be returned, regardless of age. CERTAIN PRODUCTS ARE NON-RETURNABLE.
COMPANY PROVIDES THE SITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, THE CONTENT OR ANY PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE.
LIMITATION OF LIABILITY
EXCEPT AS STATED IN COMPANY’S WARRANTY FOR PRODUCTS SOLD BY COMPANY, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE), INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY LINKED SITE, THE CONTENT AVAILABLE THROUGH THE SITE OR ANY LINKED SITE, OR WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE OR ANY LINKED SITE, WHETHER OR NOT THERE IS NEGLIGENCE BY COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT INCLUDES BUT IS NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS, LOST SALES, AND DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, THE CONTENT, SERVICES OR PRODUCTS.
STATE LAW PROHIBITIONS
THE LAWS OF SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS IN THESE TERMS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnity. You agree to defend, indemnify, and hold harmless Company and others involved in the Site or the delivery of products, services, or information through the Site (collectively, the “Indemnified Parties”) from any and all claims, liabilities, demands, loss, damages, costs, expenses and attorneys' fees arising out of or relating to your use of the Site or purchase of the products or Services. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use.
Miscellaneous. These Terms may be amended or terminated at any time by the Seller. The Seller reserves the right to modify or discontinue any of its Products at any time. Nothing in these terms and conditions is intended to benefit any party other than the Buyer and the Seller. The invalidity or unenforceability of any provision, term or condition of this Contract shall not affect the validity and enforceability of the remainder of the provisions, terms or conditions. Failure by the Seller to exercise or enforce any rights under this Contract shall not be deemed to be a waiver of any such right, nor operate to bar the exercise or enforcement of such right at any time thereafter. You may not assign or transfer these Terms. Company may assign these Terms at any time to a subsidiary, parent company or successor as part of a merger or sale.
Governing Law and Jurisdiction. These Terms, and any claims or disputes related to the Terms, Site, Services or Company’s products, shall be governed by the laws of the state of Wisconsin, U.S.A. Such laws shall exclude conflict of law provisions in the U.N. Convention on Contracts for the International Sale of Goods. All actions or proceedings under or relating to the Terms, Site, Services or products shall be subject to the exclusive jurisdiction of a state, federal or comparable court located in St. Croix County, Wisconsin; provided, however, that in our sole discretion such an action may be heard in some other place designated by us the if necessary to acquire jurisdiction over third parties so that the dispute can be resolved in one action. All actions, regardless of form, arising out of or related to the Company, this Site, the Services, or products on the Site must be brought against the Seller within the applicable statutory period, but in no event more than ONE (1) YEAR after the invoice date.
Last updated October 1, 2022