Terms of Use
Effective Date: February 1, 2018
Welcome to the website of Prenatal Yini, LLC a corporation organized under the laws of New Jersey (collectively “Prenatal Yini” “Company”, “site” “website” “we” “our” or “us”). Prenatal Yini is the owner of a website (“website”) and related pregnancy and lactation services offering moms needing breastfeeding help (the “Services”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your (“Customer” “Customers” “Your” “You” or “User”) access to and use of this website (the “Website”) and use of the Services, features, software, information, content, or products offered by Prenatal Yini and also Third Party Sites.
Please read the Terms of Use carefully before you start to use the Website and Services. By using the Website and Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference (“Privacy Policy“) available at https://prenatalyini.com/privacy-policy/ . If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Services.
This Agreement applies to all visitors to our website and users of the Services.
The Prenatal Yini, LLC Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Prenatal Yini Web Site constitutes your agreement to all such terms, conditions, and notices.
YOUR ACCEPTANCE OF THE TERMS OF USE.
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the website, you agree to these Terms of Use and all other rules, policies and procedures that may be published from time to time on the website by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
These Terms of Use apply to all users of the Services, including, without limitation, registered and unregistered users.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.
This Website and Services are offered and available to users who are 18 years old or older. By using this Website or Services you represent and warrant that you are of legal age to form a binding contract with Prenatal Yini. If you are not 18 years old or older, you must not access or use the Website or Services.
These Terms of Use apply to all users of the Services, including, without limitation, registered and unregistered users.
If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Services.
REGISTRATION
Registration requires email and password only. Additional profile information can be added such as contact name, phone number, username, company name & address. Other than company name, company address, company bio & possibly a username, ALL profile data is for internal use only and not visible to website visitors.
You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without the necessary and required authorization; or (iii) use, as a username, a name that is otherwise offensive, inappropriate, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without written permission from the other user. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
PROHIBITED CONDUCT
Users agree not to use the Services to:
Violate applicable law;
Stalk, harass, or harm another individual;
Collect or store personal data about other Users;
Impersonate any person or otherwise misrepresent User’s identity;
Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Services; or disobey any requirements, procedures, policies, or regulations of such networks;
Interfere with another User’s use of the Services;
Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services;
Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
Resell, barter, trade, auction or otherwise generate income by providing access to the Services to others;
Submit personal information relating to third parties to the Services without the consent of those third parties.
All use of the Services must be for your personal use only. You hereby agree not to resell or distribute our Services for any commercial purposes whatsoever. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place using the services or website.
PROHIBITED USES:
Users are prohibited from using the Services or website in any way that:
Harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights);
is unlawful, fraudulent, or deceptive;
Uses technology or other means to access unauthorized content or non-public spaces;
Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public data;
Attempts to introduce viruses or any other harmful computer code, files or Services that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Attempts to damage, disable, overburden, or impair Our servers or networks;
Attempts to gain unauthorized access to a Prenatal Yini computer network;
Attempts to gain unauthorized access to Prenatal Yini’ user accounts;
Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
Violates these Terms in any manner; or
Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
Prenatal Yini reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Services or website, in that Prenatal Yini reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
PAYMENTS AND BILLING
PAYMENT SERVICES
Some of the Services offered by Us, may be subject to payments made by you to Prenatal Yini now or in the future (the “Payment Services”). Please see our website for a description of the pricing for current Payment Services. Please note that any payment terms presented to you in the process of using or signing up for a Payment Service are deemed part of this Agreement.
PAYMENT METHOD
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. For all other billing inquiries please contact us at yines@prenatalyini.com.
REFUNDS
We will offer no refunds. We provide the services “AS-IS”.
TERMINATION
We may terminate your access to all or any part of the website or Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Usership. If you wish to terminate your Account, you may do so by following the instructions on the website or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website and Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some 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 Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Web site. We may also make improvements or changes in the products, services, or Services described in this site at any time without notice.
General
This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed.
We grant you a non-exclusive, non-transferable, limited permission to access and display the Web pages within the website as a user, customer or potential customer of the Services provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Web site as permitted by this website’s robots.txt protocol, and We may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this website.) All other use of this site is prohibited.
Except for the limited permission in the preceding paragraph, We do not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from the website with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
Disclaimer
From time to time, the website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this website, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in the website.
If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.
User Content
The website may contain User Content. User Content may be provided by user third-party contributors, some of whom may be anonymous. Be advised that User Content may be inaccurate, incomplete, misleading or deceptive. We do not endorse and is not responsible for any User Content, including any advice, opinion, information, or statement contained therein. You acknowledge that by accessing the website, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that We shall have no liability with respect to such content.
You must not post any User Content that is threatening, abusive, unlawful, fraudulent,
discriminatory, libelous, defamatory, obscene or otherwise objectionable, or that contains ethnic, sexual, racial or other discriminating slurs. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, solicitations, advertisements, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing state, government or federal identification information or numbers (whether your own or of another person), such as national identification number, social security number, passport number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information could possibly cause identity theft. We may remove any such identification information, but we are under no obligation to do so and have no responsibility and disclaim all liability or damages for any user posting of such identification information.
We reserve the right to disclose all User Content and other relevant or related information, and the circumstances surrounding their transmission, to any third party in connection with operating the website; to protect itself, its affiliates, its partners and its users or visitors; and to comply with legal obligations or governmental requests. What this means is that we may honor law enforcement or court-mandated requests such as subpoenas or search warrants to reveal a user’s electronic address and identity, or other properly requested information.
Although we have no obligation to do so, we may monitor User Content, and reserve the right to
delete any User Content or portion thereof that, that in Our sole discretion, violates the above rules, including any User Content that is unrelated to the specific area of the website on which it is posted, or that is an advertisement, or other commercial message, or that We determine in Our sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact us immediately so that we may have the opportunity to consider whether to remove the content or not. Just so there is no ambiguity in these terms and conditions, We do not have any obligation to remove any User Content, and whether User Content is deemed to be inappropriate or violates any of Our Policies will always remain within the sole discretion of Prenatal Yini.
Please take note of the following: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or
speaker of any information provided by another information content provider.
(2) Civil liability No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of
material that the provider or user considers to be obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise objectionable, whether or
not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others
the technical means to restrict access to material described in paragraph (1).
License to User Content and Feedback
Only to the extent as permitted by law, if you post content or submit material to Us, including photographs or material you grant Us a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable right and license to use, sell, make, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Our website or its publisher partners, maintaining Our website and promoting Us without restriction. You further grant to Prenatal Yini, its affiliates, and sublicensees the right to use your name, user name, and/or trademarks and logos in connection with any such User Content or Our marketing materials or content that we might publish or display on the site.
As a user of the website, you represent, warrant and acknowledge that: (i) you own the User Content that you submit, display, post or otherwise make available on or through the website, or that you otherwise have the right to grant the license set forth in this section, (ii) that all such User Content, and its submission, display, posting or availability on or through the website does not violate any applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the website does not result in or cause any breach of contract between you and any third party. You further agree to pay for all royalties, fees, damages, and any other monies of any kind owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Prenatal Yini and its affiliates and sublicensees from all claims of any kind resulting from any such User Content. If you desire to request to revoke the license granted by you in this Section for any such User Content, you must send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request to remove such User Content must include (a) your name, address, telephone number, and email address; (b) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (c) identification of the User Content for which the license is to be revoked, and please provide all necessary information reasonably sufficient to allow Us to locate and remove such User Content on the Site; (d) a written statement certifying that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request to remove the user content is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content that you desire to be removed from the site.
Only if you desire to do so voluntarily, you may offer feedback to Us about the functionality and performance of the website, including, without limitation, identifying ways to modify the site, potential errors, making improvements, fixing bugs, or enhancements (“Feedback”). By providing Feedback, you hereby grant to Prenatal Yini a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, sell, make sublicense, reproduce, perform, distribute, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that We may disclose any or all Feedback to any third party in any manner, and you agree that We may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is unsolicited, gratuitous and without restriction, and will not put Us under any confidentiality, fiduciary, or other any obligation, and that We are free to use such Feedback without any additional compensation to you, and that we are free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, we do not waive any rights to use similar or related ideas previously known to Us, or developed or created by its employees, or derived from sources other than you.
Confidential information
We do not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Us will be deemed NOT to be confidential. By sending Us any information or material, you grant to Us an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that We are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Us for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding Our privacy policies.
Global availability
Information We publish on the Internet may contain references or cross references to Our products, Services and services that are not announced or available in your country. Such references do not imply that We intend to announce or make available such products, Services, or services in your country.
Business relationships
This website may provide links or references to Websites and resources not controlled, owned or operated by Us. We make no representations, warranties, or other commitments or endorsements whatsoever about any such websites or third-party resources that may be referenced, accessible from, or linked to any of Our websites. In addition, We are not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from any of Our websites. When you access a website not controlled, owned or operated by Us, even one that may contain Prenatal Yini-logo, please understand that it is independent from Us, and that We do not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive Services, and to protect your information.
Linking to this site
We consent only to links on our website in which the link and the pages that are activated by the link do not: (a) create frames around any page on our website or use other techniques that alter in any way the visual presentation or appearance of any content within our website; (b) misrepresent your relationship with Us; (c) imply that We approve or endorse you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Us or otherwise damage the goodwill associated with Our name or trademarks. As a further condition to being permitted to link to our website, you agree that We may at any time, in Our sole discretion, terminate permission to link to our website. In such event, you agree to immediately remove all links to our website and to cease any related use of Our trademarks.
LINKS TO THIRD PARTY SITES
The Prenatal Yini Web Site may contain links to other Web Sites (“Third Party Sites”). The Third Party Sites are not under the control of Prenatal Yini and Prenatal Yini is not responsible for the contents of any Third Party Site, including without limitation any link contained in a Third Party Site, or any changes or updates to a Linked Site. Prenatal Yini is not responsible for webcasting or any other form of transmission received from any Third Party Site. Prenatal Yini is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Prenatal Yini of Third Party Sites or any association with its operators.
USE OF BLOGS
The Prenatal Yini Web Site may contain a blog to post, send and receive messages and material that are proper and related to the Blog. By way of example, and not as a limitation, you agree that when using a Blog, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless the Blog specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of the Blog that you know, or reasonably should know, cannot be legally distributed in such manner.
Restrict any other user from using and enjoying the Blog.
Collect information about other users of the Blog, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Prenatal Yini has no obligation to monitor the Blog. However, Prenatal Yini reserves the right to review materials posted to the Blog and to remove any materials in its sole discretion. Prenatal Yini reserves the right to terminate your access to the Blog at any time without notice for any reason whatsoever.
Prenatal Yini reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Prenatal Yini’s sole discretion.
Prenatal Yini does not control or endorse the content, messages or information found in any Blog and, therefore, Prenatal Yini specifically disclaims any liability with regard to the Blog and any actions resulting from your participation with the Blog. Managers and hosts are not authorized Prenatal Yini spokespersons, and their views do not necessarily reflect those of Prenatal Yini.
Materials uploaded to any Blog may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Respecting Copyright
We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if We become aware that one of the users on Our website has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the the website infringes a copyright that you own or control, please contact Us:
Prenatal Yini
PO Box 200
Jersey City, NJ 07303
Attn: Copyright Agent
Email: yines@prenatalyini.com
If you file a notice by mail with Us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
identify the copyrighted work claimed to have been infringed;
identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
provide your contact information, including your address, telephone number, and an email address;
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
WARRANTY DISCLAIMER
We have no special relationship with or fiduciary duty to you or any user. You acknowledge that We have no duty to take any action regarding:
which users gain access to the website or Services;
what Content you access via the website or Services; or
how you may interpret or use the Content.
You release Us from all liability for you having acquired or not acquired Content through the website or Services. We make no representations concerning any Content contained in or accessed through the website or Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the website or Services.
Prenatal Yini DOES NOT GUARANTEE ANY RESULTS FROM USING THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES or THIRD PARTY WEBSITES. THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, THIRD PARTY WEBSITES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE WEBSITE, SERVICES OR THIRD PARTY WEBSITES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE, SERVICES OR THIRD PARTY WEBSITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE WEBSITE, SERVICES OR THIRD PARTY WEBSITES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICES OR THIRD PARTY WEBSITES IS SOLELY AT YOUR OWN RISK.
Prenatal Yini DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE Prenatal Yini WEBSITE OR SERVICES OR ANY THIRD PARTY WEBSITE OR SERVICE, AND Prenatal Yini WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR ANY THIRD-PARTY PROVIDERS OF WEBSITES, PRODUCTS OR SERVICES.
TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, CONTENT, PRODUCTS, THIRD PARTY WEBSITES AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Prenatal Yini WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Prenatal Yini AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Prenatal Yini WEB SITE AT ANY TIME.
Prenatal Yini AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, CONTENT, PRODUCTS, Third Party Sites, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Prenatal Yini WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, CONTENT, Third Party Sites SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Prenatal Yini AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, CONTENT, Third Party Sites, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Prenatal Yini AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR BUSINESS PROFITS, EMOTIONAL DISTRESS, BODILY INJURY OR HARM OR DEATH ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Prenatal Yini WEBSITE, CONTENT, SERVICES OR THIRD PARTY WEBSITES, INCLUDING THE DELAY OR INABILITY TO USE THE Prenatal Yini WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, CONTENT, Third Party Sites, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Prenatal Yini WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Prenatal Yini WEB SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Prenatal Yini OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Prenatal Yini WEB SITE, THE USE OF OUR SERVICES OR THIRD PARTY WEBSITES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Prenatal Yini WEB SITE.
Prenatal Yini including its employees are not offering or providing any medical, financial or legal advice on its website or through its Services nor acting as your healthcare professional, medical doctor, attorney or financial advisor. The website and Services offered to Customers are not and never should be a substitute for the advice of a licensed healthcare professional or medical attorney or financial advisor. Prenatal Yini will not provide any type of advice, opinion, explanation or recommendation about: (i) any type of medical treatment, diagnosis, prognosis or life expectancy; (ii) any legal rights, opinions, defenses or strategies; or (iii) any type of advice or opinion typically offered by a licensed financial professional or advisor.
The information contained on Prenatal Yini, LLC website is not a replacement for professional advice from a physician or other appropriate health care professional.
ADVICE RECEIVED VIA THE Prenatal Yini WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
User acknowledges and agrees that without the foregoing exclusions and limitations of liability, We would not be able to offer the website or Services, and that such exclusions and limitations of liability shall apply, even if they would cause user’s remedies under this agreement to fail of their essential purpose. Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages in certain circumstances, and so the foregoing limitation and exclusions may not apply to user to that extent.
The hosting center facilities supporting the Services delivered by Prenatal Yini for usage by Users shall be provided for and managed by a third party vendor (“third party vendor”) not a party to this Agreement. Prenatal Yini shall not be liable in respect of any breach or error in delivery, loss, damage or interruption to the Services caused by the third party vendor.
INDEMNIFICATION
User agrees to indemnify and hold harmless Prenatal Yini, its affiliates, licensors, agents, and distributors and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “Prenatal Yini Parties”) from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) arising from or related to (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any information that is submitted via your account; or (vi) any other party’s access and use of the Services with your account or log-in information.
Prenatal Yini reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
Applicable Law
By using the services you agree that the laws of the State of New Jersey without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Prenatal Yini.
Disputes
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN HUDSON COUNTY, NEW JERSEY EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.
YOU AND Prenatal Yini AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY NEW JERSEY LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS CLOSEST TO HUDSON COUNTY, NEW JERSEY.
If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules.
Notices:
You can contact us by sending an email to: yines@prenatalyini.com
Force Majure
In the event that either Party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of god, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the affected Party or other causes beyond such Party’s reasonable control (a “Force Majeure Event”) the Party who has been so affected shall immediately give notice to the other Party and shall do everything possible to resume performance.
Waiver and Severability
No waiver by Us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, including all documents expressly incorporated herein by reference, constitute the sole and entire agreement between you and Prenatal Yini with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
This website is operated by Prenatal Yini LLC located in the State of New Jersey.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to yines@prenatalyini.com
Thank you for visiting the Website.