1. Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Mountain49 LLC ("Company", "we", "us", or "our"), concerning your access to and use of the PregnancyPillow website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change.
2. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.
The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- You are granted a limited license to access and use the Site.
- You may download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
- We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. User Representations
By using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update such registration information as necessary.
- You have the legal capacity and you agree to comply with these Terms of Service.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Site through automated or non-human means, whether through a bot, script or otherwise.
- You will not use the Site for any illegal or unauthorized purpose.
- Your use of the Site will not violate any applicable law or regulation.
4. Products and Pricing
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
5. Purchases and Payment
We accept various forms of payment including credit cards and PayPal via Stripe integration. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros (€) unless localized for your specific region automatically by our payment processor.
6. Return and Refunds Policy
Please review our Return Policy posted on the Site prior to making any purchases. We maintain a separate, comprehensive Refund Policy which is incorporated into these terms.
7. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Dispute Resolution
Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service, you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.
Binding Arbitration: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the rules of the European Arbitration Association.
9. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Mountain49 LLC
1209 MOUNTAIN ROAD PL NE, STE N
ALBUQUERQUE, NM 87110
Email: support@pregnancypillow.com