Terms + Conditions
Please Note: By using our website and ordering our products or services, you are agreeing that you have read and agreed to our Terms + Conditions located on this webpage.
TERMS OF SERVICE as of November 2, 2017
USE OF THIS WEBSITE. Welcome to our website. By using or interacting with Hola Postpartum LLC through this Website or with any tools, websites, applications or other electronic destinations accessible through this Website, you are agreeing to all of the provisions of these Terms of Service, the Privacy Policy of Hola Postpartum LLC and the terms of service or terms and conditions of any of the tools, websites, applications or other electronic destinations you access through this Website. If you disagree with these Terms of Service, please do not use this Website.
UPDATED TERMS OF SERVICE. These Terms of Service may be updated from time to time. You should check these Terms of Service on a regular basis to see if any terms have changed. We will identify the date of the current version after the title, “TERMS OF SERVICE”.
Copyright. This Website, its contents and services offered are owned by or licensed to Hola Postpartum LLC. Users have no rights to our Website content. You should assume that material contained on our Website, any services we offer and any tools, websites, applications or other electronic destinations accessible through this Website, are proprietary and copyrighted.
PRODUCTS AND SERVICES. We offer various products and services. They are offered AS-IS, without any express or implied warranties, including warranties as to merchantability and fitness for a particular purpose. You understand Hola Postpartum LLC provides products and services that are not medical services and they are not substitutes for medical products or services, nor should they be relied upon as medical advice. You understand that you should refer to your healthcare provider or your baby's healthcare provider for any medical questions that you may have. In addition, You should make your own informed decision about whether Hola Postpartum LLC products and services are appropriate for your or your baby’s particular situation.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
REFUND POLICY. Due to the perishable nature of our products, except as otherwise required by applicable law, all sales by HOLA Postpartum LLC are final, and there will be no returns of HOLA Postpartum LLC products, refunds of all or any part of purchase prices, exchanges or any chargebacks or reversals of any charges. If you are shipped a damaged product, please notify us immediately. Any damaged products will be replaced without charge. If the order you received is incorrect, we will replace the item. Hola Postpartum LLC does not claim responsibility for lost or stolen items confirmed as delivered by the shipping carrier to the address supplied during the transaction. Once payment is received for an order, we will typically ship the order anywhere in the United States, except Alaska and Hawaii, within 1-5 business days, excluding weekends and holidays. If we are out of stock of a certain item, we will notify you immediately. If we cancel your order for any reason, you will be notified by email, and the order canceled will be automatically added back to your account. If you are unhappy with the quality of your purchase in any way, please contact us at info@holapostpartum.com. We welcome your feedback and will use it to continue to improve our level of customer service.
Your Hola POSTPARTUM LLC Account. You may need a Hola Postpartum LLC Account (Account) to order some of our products or services. To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Account. Try not to reuse your Account password on third-party applications. If you learn of any unauthorized use, please contact us immediately.
Business use of our Services. If you are using our services on behalf of a business, you are representing that the business accepts these Terms of Service, including all limitations of our liability in these Terms of Service.
DOWNLOADS FROM THIS SITE. Hola Postpartum LLC makes no warranty that downloads from its Website or from tools, websites, applications or other electronic destinations accessible through this Website, are free of corrupting computer codes, including, but not limited to, viruses and worms. You download such information at your own risk. Hola Postpartum LLC is not liable for any damage to computers or software of the user or of any person the user subsequently communicates with, from corrupting code or data that is inadvertently passed to the user’s computer.
SECURITY.
The Website may only be used for lawful purposes. Illegal activities, including but not limited to, tampering with the Website, misrepresenting the identity of a user, or conducting fraudulent activities on the Website are prohibited. You agree not to use any device, software or routine, or data to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
PRODUCT AND SERVICES LIABILITY RELEASE AND WAIVER.
I understand Hola Postpartum LLC provides products and services that are not medical products and services, nor are they a substitute for medical products and services, nor should they be relied upon as medical advice. I understand that I should refer to my healthcare provider or my baby's healthcare provider for any medical questions that I may have. Absent their willful or intentional misconduct, I agree not to make a claim against or sue, and hereby release and forever discharge, Hola Postpartum LLC, it members, owners and employees, and its appointed contract workers and agents, when used, of and from all liability, damages, losses, claims, costs and expenses (including, without limitation, attorneys’ fees) that I have or might have against any of them arising out of or in connection with the products or services I receive from Hola Postpartum LLC; further, I understand that this RELEASE AND WAIVER is being relied upon by Hola Postpartum LLC in providing products and services to me. Further, I agree that the maximum amount that I can collectively recover from Hola Postpartum LLC, its members, owners and employees, and its appointed contract workers and agents, for any claim or lawsuit against them, is the dollar amount they have received from me for their services.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, TO THE EXTENT THAT THE LAW OF A JURISDICTION OTHER THAN MINNESOTA SHOULD APPLY TO A SALE OF A PRODUCT OR SERVICE, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
I HEREBY REPRENSENT THAT I HAVE READ THIS RELEASE AND WAIVER IN ITS ENTIRETY AND FULLY UNDERSTAND ITS CONTENTS. I HAVE SIGNED THIS RELEASE AND WAIVER VOLUNTARILY AND OF MY OWN FREE WILL.
By using our website and ordering our products or services, you are agreeing to the Product and Services Liability Release and Waiver. If you disagree with these Product and Services Liability Release and Waiver, please do not use this Website and do not order any products and/or services.
APPLICABLE LAW AND DISPUTE RESOLUTION. By using this Website, you agree that the laws of the State of Minnesota, USA will govern the use of this Website by you, and will govern any dispute, controversy or claim relating in any way to the Website or purchases made through the Website, without regard to any conflict of laws. If any dispute, controversy or claim arises between you and us, you agree to submit the matter for mediation before a mutually agreed upon mediator in Hennepin County, Minnesota. If the parties cannot agree on a mediator, the matter will be heard by a mediator appointed through the Minnesota Mediation Center, or similar service if Minnesota Mediation Center no longer exists. If mediation does not result in agreement, the parties agree to courts in Hennepin or Ramsey Counties, Minnesota, as the venue for any litigation regarding this Agreement, including the rights and obligations of any party to this Agreement.
NO WAIVER. If you do not comply with some of these terms, and we don’t take action right away, that doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
SEVERABILITY. If it turns out that a particular part of the Terms of Service is not enforceable, this will not affect any other parts of the Terms of Service.
PREVAILING LAW. Hola Postpartum LLC intends to comply with laws governing this website and its business, and will modify its Terms of Service in order to comply with applicable laws.
CONTACTING US. For information about how to contact Hola Postpartum LLC, please visit our contact page or email us at info@holapostpartum.com. Information that you send us in an e-mail message to this Website or to our email address will not be considered confidential or privileged by us.
Copyrighted by Hola Postpartum LLC, 2021.