Terms OF SERVICE

Last Updated: 09.12.23
‍
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS OF SERVICE IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
‍
1. Applicability of Terms of Service. These Terms of Service (these "Terms") shall apply to your purchase of products and related services through www.motherwitwellness.com  (the "Site"). The Site is owned and operated by MotherWit Wellness LLC (referred to herein as either “Company,” “we,” “us,” or “our”).
‍
2. Changes to Terms of Service.  We may, in our sole discretion, modify these Terms at any time without notice. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes made.
‍
3. Grant of License.  You are granted a non-exclusive, revocable, and limited license to access and use the Site and content in accordance with these Terms. No additional rights are granted to you by implication, estoppel or otherwise.
‍
4. Availability of the Site. The Site may be modified, updated, interrupted, suspended or discontinued at any time, at the sole discretion of the Company, without notice or liability. The Site may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or force majeure events. We reserve the right, at any time, at our sole discretion, to modify, temporarily or permanently block access to, suspend, or discontinue the Site, in whole or in part, with or without notice and effective immediately to any user. We will have no liability whatsoever for any losses, liabilities, or damages you may incur as the result of any modification, suspension, or discontinuation of the Site or any part thereof.
‍
5. Termination of Access to Site. Subject to this section 4, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your account) at any time for any reason, or no reason, at our sole discretion, including for any use of the Site in violation of these Terms. The Company will not have any liability whatsoever for any termination of your rights under these Terms, including for termination and deletion of your account (subject to certain retention laws and regulations).
‍
6. Privacy Policy. Use of the Site is subject to the terms of our Privacy Policy which governs our processing of all personal information that we may collect from any person using our Site. By using or accessing the Site you agree to be bound by the terms of our Privacy Policy.
‍
7. Copyright and Intellectual Property Ownership. We are the sole author and owner of all intellectual property rights incorporated into the Site. You acknowledge that all the intellectual property rights, including, but not limited to, copyrights, patents, trademarks, and trade secrets, the website design, application design, graphics, text, sounds, pictures, Site marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Site are either the property of the Company, its affiliates or licensors and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to intellectual property not expressly granted in these Terms are reserved to their respective copyright owners.
‍
8. Use of the Site. You will be required to create an account to use the Site and/or take advantage of certain features, in which case you agree:

• to provide true, accurate, current and complete information about yourself;
• as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or we have reasonable grounds to suspect that such information is false, inaccurate or outdated, we have the right to suspend or terminate your account and prohibit all current or future use of the Site by you;  
• your account is for your personal use;
• by creating an account, you agree to receive certain communications in connection with the Site;
• you are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private, and you shall not share your account for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Site, including charges resulting from unauthorized use of your account;
• you may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts;
• to use the Site only for lawful purposes and that you are responsible for your use of the Site;
• not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law;
• not to solicit personal information from minors;
• not to use the Site in any manner that interferes with its normal operation;
• not to access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems;
• not to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• not to access or search or attempt to access or search the Site by any means other than through our currently available, published interfaces that are provided by us;
• not to disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or otherwise creating an undue burden on the Site;
• use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any part of the Site. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Site;
Furthermore, you herein agree not to make use of the Site for:
• uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
• causing harm to any minor in any manner whatsoever;
• forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
• uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
• uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
• uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
• uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; or
• interfering with or disrupting the Site, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers.
‍
• User Content
• “User Content” means any and all information and content that a User uploads, submits to, or uses with the Services. You may choose to enter this information manually or, where available, synchronize with a third-party website. The Company does not verify the accuracy or completeness of User Content, and these may therefore be subject to errors.
• You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate any of the Terms of Service.
• Company does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.
• We may, at our discretion, but shall have no obligation to pre-screen User Content submissions and may choose to remove User Content at any time we see fit. You agree that the Company is not responsible for any financial loss, liability or damage of any kind that you may incur as a result of our removing or refusing to publish User Content.
• By posting User Content to the Site, you agree that (i) your User Content does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the User Content, (iii) we may have something similar to the User Content already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the User Content, and (v) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such User Content.  
• Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (hereinafter referred to as “Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (v) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such Feedback.
9. Third Party Operators, Websites. In the event we include links via the Site to third-party operators and sites these links are provided only as a convenience. If you click through using these links to other websites, you will leave our Site. We do not control nor endorse any third-party websites. We will not be responsible or liable for any content, products, goods, services, or information provided or made available by a third-party operator.
‍
10. Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
‍
11. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
‍
12. Shipping Information. It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
‍
13. Subscriptions, Renewal, Cancellation, and Refunds.  When purchasing a subscription, you will be sent the first package. Thereafter, you will receive the next supply of supplements every thirty (30) days or (60) days. This is based on the subscription duration and frequency that you select. You agree we will charge your payment method provided to us at your designated subscription interval (i.e. every 30 or 60 days).

Your subscription will continue until such time as you may choose to cancel your subscription. You must cancel or skip before your date of charge to avoid responsibility for any charges and taxes. If you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order. You can manage your subscription from there.

We do not provide refunds or returns for any reason, except in the event of defective products. Fees are non-refundable.
‍
14. Digital Millennium Copyright Act ("DMCA") Notice.  The Company respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, the Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing intellectual property and termination of access for repeat infringers of copyright protected content.
‍
(a)
       Procedure for Notifying the Company of Copyright Infringement. If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded intellectual property to our Site, please provide the following information to the designated Copyright Agent listed below:
‍
(i) a physical signature of the person authorized to act on behalf of the owner of the copyright;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
‍
(b)
‍ We may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing intellectual property, we will immediately notify the person responsible for posting such intellectual property that we removed the intellectual property. We may also provide the responsible person with your email address so that the person may respond to your allegations.
‍
(c )
‍ Pursuant to 17 U.S.C. 512(c). the Company’s designated Copyright Agent is:
‍
Brittany Blockman
info@motherwitwellness.com
1775 W. State St. #232 Boise, ID 83702
(208) 398-3254
‍
15. Buyer’s Representations & Warranties (R&Ws).  
‍
(a)
‍ You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third-party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third-party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.  
(b)
‍ You hereby release and forever discharge the Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site, including but not limited to: (i) your use of the Site, (ii) any activity related to your accounts by you or any other person, (iii) your violation of these Terms; (iv) your infringement or violation of any rights of another, or (v) your violation of applicable laws or regulations.
‍
16. Not Healthcare Advice.  
‍
(a)
This Site is not intended to provide medical advice, diagnosis or treatment. The products, information and services provided on and through the Site are provided for informational purposes only. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options. Your use of the Site does not constitute the creation of a doctor-patient relationship.
‍
(b)
‍ If you think you may have a medical emergency, call your doctor or 911 immediately.
(c )
‍        The products and content made about specific products on and through the Site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.

(d)
‍ Prior to taking any dietary supplements, we suggest that you seek the advice of your physician or qualified health care provider and discuss any questions you may have regarding the dietary supplement products, a medical condition, illness or treatment. Do not delay or disregard professional medical advice because of the content included on this Site.

(e)
‍ Information on the Site is generally based on scientific studies, clinical experience or use as listed herein. For many of the conditions contained herein, prescription or over-the-counter medications are also available. Consult your health care provided before using any supplements or making any changes to your prescribed medications.
‍
17. Information on this site is based on scientific studies (human, animal, or in vitro), clinical experience, or traditional usage as cited in each article. The results reported may not necessarily occur in all individuals. For many of the conditions discussed, treatment with prescription or over-the-counter medication is also available. Consult your physician before using any supplements or before making any changes in prescribed medications.
‍
(a)
‍ Special Consideration.  You acknowledge that Brittany Blockman, MD is the founder of MotherWit Wellness LLC and an officer of the Company.  Dr. Blockman is an integrative pediatrician and may from time to time recommend to her patients certain supplements, which may or may not be available from the Site. Notwithstanding the foregoing, no doctor-patient relationship is established with the Company under such circumstances.
‍
18. Indemnification. You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”) against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Site, any activity related to your account by you or any other person permitted by you, your breach of these Terms, or your infringement or violation of any rights of another.
‍
19. Warranties, Disclaimers and Limitations on Liability.
‍
(a)
‍ The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Site, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the Site; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or conduct of any third-party on or via the Site; or (v) for any other matter relating to the Site, .This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the Company Parties of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between the Company and you. The products, information and services offered on and through the Site would not be provided to you without such limitations.
‍
(b)
‍ Your use of the Site is at your sole risk. The Site, products and services are provided on an “as is” and “as available” basis. The Company Parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose and non-infringement. Without limiting the generality of the foregoing, the Company Parties make no warranty that: (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the Site will be accurate or reliable; (iv) the quality of any and all products, services, information or other materials, including all merchandise, products, goods or services, obtained or purchased by you directly or indirectly through the company Site will meet your expectations or needs; or (v) any errors in the Site will be corrected
‍
(c )
‍ Liability Cap. Notwithstanding the foregoing, under no circumstances will company’s obligation or liability under this agreement exceed the purchase price you paid on the site for any goods or services. Additionally, under no circumstances will we be liable for any loss of use, data, business, goodwill, reputation, or revenue, and/or any consequential, incidental, special, or punitive damages or other direct or indirect losses of any kind.
‍
(d)
       Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
‍
20. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
‍
21. Force Majeure.
Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
‍
22. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third- party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
‍
23. Partial Invalidity. If any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
‍
24. Interpretation. The paragraph headings of these Terms are inserted for convenience only and shall not constitute a part of these Terms for the purposes of construing or interpreting any provision hereof. Whenever the context requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine or neutral gender.
‍
25. Governing Law/Binding Arbitration.
‍
(a)
‍ Governing Law. These Terms shall be governed by and construed in accordance with the internal laws of the State of Delaware applicable to agreements made and to be performed in the State of Delaware without regard to its conflict of laws principles.
‍
(b)
‍ Venue. Any legal suit, action or proceeding arising out of or based upon these Terms or the transactions contemplated hereby may only be instituted in the state or federal courts of the State of Delaware and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. THE PARTIES EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT ANY ACTION ARISING UNDER OR IN CONNECTION WITH THESE TERMS IS LITIGATED OR HEARD IN ANY COURT.
‍
26. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, at: info@motherwitwellness.com; or (ii) personal delivery, overnight courier, or registered or certified mail to: National Registered Agents, Inc. 1209 Orange St. Wilmington, DE 19801.

27. Proposition 65.  For California Residents we represent and warrant to you that the supplements sold on our Site comply with all federal, state, and local laws, ordinances, rules, and regulations, and that none of the products, components, or materials being provided to you hereunder contain any chemicals known to cause cancer, birthday defects, or other reproductive harm under the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), unless identified on the specific product page.
‍
28. Entire Agreement. These Terms shall be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.