These terms of use (these “Terms”) represent an agreement between you and TalkBox.Mom, Inc. (“we,” “us,” or “TalkBox.Mom, Inc.”) and govern your use of our website at www.talkbox.mom (the “Site”) and any products or services made available from time to time by means of any of the Sites (the “Products”). We refer to the Site and the Products collectively in these Terms as the “Services.” By using any of the Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.
1. SERVICES.
TalkBox.Mom, Inc. grants you a non-exclusive, non-transferable, revocable license to use the Services, including the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, including your right to use any Products, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.
2. PAYMENT.
You may purchase licenses to certain Products through a one-time payment or in monthly installments, as specified on the Sites. When you make a purchase, you authorize us to charge the credit or debit card you provide on a one-time or monthly basis, depending on which payment plan you elect.
3. REFUNDS.
TalkBox subscription boxes are ineligible for return. We only accept returns on books if the books are unused and not damaged. Returns must be made within 30 days of purchase for a full refund. All return shipping costs are the responsibility of the customer. Please send returns to:
TalkBox.Mom, Inc
12100 Ford Road
Suite 195
Dallas, Texas 75234
Please watch your email! After the shipment is received with the return authorization form and examined, your return will be processed within 10-15 business days.
Please note:
- Items that are returned outside of the TalkBox.Mom return policy will be discarded and no refund will be issued.
- TalkBox.Mom does accept exchanges.
- Once the items are received by TalkBox.Mom, a refund will be issued within 10-15 business days and an e-mail notification will be sent.
4. YOUR CONTENT.
We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly or through other forums, like tagging us on Instagram. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.
5. YOUR CONDUCT.
You agree that you will not:
(i) use the Services in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or (ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances;
(ii) violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;
(iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
(iv) violate or attempt to violate the security of the Services;
(v) reverse engineer, decompile or disassemble any portion of the Services;
(vi) “scrape” information from the Services by automated means;
(vii) interfere with the ability of others permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services;
(viii) use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or
(ix) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.
6. PROPRIETARY RIGHTS.
As between you and us, we own the Services, including the Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of TalkBox.Mom, Inc. which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. TalkBox.Mom, Inc. retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.
7. REPRESENTATIONS AND WARRANTIES.
You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old.
8. INDEMNITY.
You agree to indemnify, defend and hold harmless TalkBox.Mom, Inc. and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. TalkBox.Mom, Inc. reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
9. DISCLAIMERS; LIMITATIONS OF LIABILITY.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(b) WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.
(c) IN NO EVENT SHALL TALKBOX.MOM, INC. OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, TALKBOX.MOM, INC.’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE, OR (II) $100.
(d) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY TALKBOX.MOM, INC. OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.
(e) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR, ACCOUNTING, LEGAL, OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO SEE AND CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.
10. LAW; JURISDICTION.
These Terms shall be governed by the laws of the United States of America and the State of Texas, without regard to conflict of laws rules. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN TEXAS.
11. PRIVACY.
Your use of the Services is subject to our privacy policy, which is incorporated into these Terms. By using any of the Services, you acknowledge and consent to TalkBox.Mom, Inc.’s collection and use of information as set forth in the privacy policy.
12. CHANGES.
We may modify these Terms at any time by posting changes on the Sites; however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Sites that these Terms have changed and you first use any of the Services following the date of such posting, (ii) the changes will only apply with respect to your use of the Services after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Services. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.
13. DIGITAL MILLENNIUM COPYRIGHT ACT.
If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to support@talkbox.mom or in writing to TalkBox.Mom, Inc., Attn: Copyright Agent, 12100 Ford Rd. Suite 195, Dallas, TX 75234:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
14. LINKS.
The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
15. MISCELLANEOUS.
No joint venture, partnership, employment or agency relationship exists between you and TalkBox.Mom, Inc. as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and TalkBox.Mom, Inc. with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. TalkBox.Mom, Inc. may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, TalkBox.Mom, Inc. shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to TalkBox.Mom, Inc. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with TalkBox.Mom, Inc. Notices to us shall be sent by email to support@talkbox.mom or in writing to TalkBox.Mom, Inc., Attn: Customer Support, 12100 Ford Rd. Suite 195, Dallas, TX 75234.
Effective November 15, 2016
PRIVACY POLICY
1. OVERVIEW
This privacy policy (this “Privacy Policy”) describes how TalkBox.Mom, Inc. (“we,” “us” or “TalkBox.Mom, Inc.”) maintains, uses and shares information that we may collect when you use our websites at www.TalkBox.Mom (the “Site”) and any products or services made available from time to time by means of any of the Site (the “Products”). We refer to the Sites and the Products collectively in this Privacy Policy as the “Services.” By using any of the Services, you acknowledge that you have read, understood, and agree to the provisions of this Privacy Policy.
We may change this privacy policy from time to time. Any such changes will be posted here. If we make a material change in the way we use your personal information, we will prominently note the change on the Services and/or email you regarding the change.
2. HOW WE COLLECT AND USE INFORMATION
Some of the information we collect when you use the Services, such as your name, postal address, email address, credit card information or telephone number, may allow you to be identified (“Personal Information”). In all of the following circumstances, we will use Personal Information for the purpose described below, as well as to supplement our database of marketing contacts, which we will use to provide and promote products and services from us or our marketing affiliates.
Registration: When you register on the Services, such as to subscribe to a newsletter, request information or access a Product, you will be asked to provide certain Personal Information, which we will use to fulfill your request.
Surveys: We may ask you to complete surveys or opinion polls from time to time. We only use the information that we collect from surveys in an aggregate manner, not in individually identifiable form.
Blogs and Forums: We may provide an opportunity for you to post information to blogs, forums or other public areas on the Services. By doing so, you consent to the posting of any Personal Information that you provide. You should be aware that such Personal Information can be read, collected, or used by other visitors to these public areas. We have no control over how these visitors use your Personal Information.
Inquiries. If you send us a comment or question or make an inquiry to customer support, we will retain the information that you provide to us for the purpose of responding to you, as well as for improving the Services and our customers’ use of our services.
Linking from Emails. If you link to any of our Sites from an email message from us, we will be able to identify your email address and associate that email address with the manner in which you use the Sites (e.g., which pages you visit or whether you make a purchase).
Visitors: If you are just visiting the Sites and not registering, requesting information, contacting us, or posting to a public area of the Services, and you did not access the Sites from a link contained in one of our email communications, we will not ordinarily collect any Personal Information about you except through web logs, as described below. In that case, we obtain the information that you provided and will use it to respond to your inquiry or fulfill your request if we can. We do not share any of this information with anyone else, except to respond to your request, if you consent, or as otherwise described in this privacy policy.
Web Logs: We maintain web logs that automatically record basic information about everyone who visits the Services. We use web log information to help us design our website, to identify popular features, to improve our services, and for other managerial and analytic purposes. We may also use web logs to help identify any person who may be misusing the Services. These logs contain:
• The Internet domain from which you access the Services.
• Your IP address.
• The type of browser and operating system that you use.
• The date and time you visited the Services.
• The pages that you visited on the Services.
• The address of the website you linked from to get to the Services.
Cookies: We use cookies, web beacons and similar technology to help you navigate the Services, to allow us to learn how you use the Services, and to improve the Services. Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not reveal any Personal Information unless you choose to provide this information to us by, for example, registering at our Site. However, once you choose to provide Personal Information to the Services, this information may be linked to the data stored in the cookie. If you decide not to permit cookies on your computer, this may affect your ability to use the Services.
Communicating with You. We may use information that we collect from you for the purpose of communicating with you and responding to your inquiries. Those communications could, for example, take the form of service updates, promotions for products or services that we or one of our marketing partners provide, or e-newsletters.
Service Providers: We at times contract with third party service providers to perform functions for us. These service providers may be given access to the information we collect for the purpose of performing those functions, but they will be contractually bound to maintain the confidentiality of the information and not to use it for any other purpose.
Social Media. The Sites may include social media features, such as Facebook “Like” button and a “Share” button. These features may collect your IP address and which page you are visiting on the Site; and they may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policy of the company that provides the feature.
Business Transfers: If we were to transfer all or substantially all of our assets to another company, one of the assets we would likely include in the transfer is our database of Personal Information.
Disclosures for Legal Reasons: We will disclose Personal Information when we are required to do so by law, regulation or securities exchange requirement, for example, in response to a court order or subpoena. We also may disclose such information in response to a law enforcement agency’s request or when we believe such disclosure is appropriate to protect our legal rights or to safeguard anyone’s property or safety.
3. COLLECTION OF INFORMATION BY THIRD PARTIES
We may use a third-party advertising company to serve ads when you visit our Site. If we do so, this company may use information (not including your name, address, email address or telephone number) about your visit to the Services in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Services, the advertiser might place or recognize a unique “cookie” on your browser.
We may offer you the opportunity to contact other companies, such as advertisers, marketing affiliates and content providers, to obtain information or to buy products or services. You decide when and whether to give your Personal Information to these companies. If you provide information, its use and security is governed by the policies and practices of those companies and not by this privacy policy.
We make no representations or warranties about any of these other companies or their privacy or security policies. Once you click through to an unaffiliated website, this privacy policy no longer applies. We strongly urge you to read the applicable policies of these other companies and their websites.
4. YOUR PRIVACY CHOICES
If you would like us to stop sending you email or other communications or would like to access your Personal Information to correct or delete it, you may send us a request at our email or postal addresses indicated below. We will endeavor to satisfy such requests within a reasonable time.
5. DO NOT TRACK
There will be no difference in how we collect or use data if you set your web browser to send a “Do not track” or similar request when you visit this Site.
6. LINKS
Our Site includes links to other websites whose privacy practices differ from ours. If you submit personal information to any of those websites, your information will be subject to their practices and policies.
7. SECURITY
We maintain all Personal Information with physical, electronic, and managerial safeguards to help ensure the security and confidentiality of the data against reasonably foreseeable risks. Security is designed to prevent unauthorized use, access, disclosure, destruction, and changes of data.
8. CHILDREN
This Site is intended for use by adults. We do not target, or knowingly collect any Personal Information from, children under the age of 13.
9. ACCOUNTABILITY
We are committed to adhering to our privacy policy and applicable laws and to making your online experience secure and valuable. If you have a question, request, complaint, dispute or concern related to this privacy policy, you may send a message by email to support@talkbox.mom or in writing to TalkBox.Mom, Inc., Attn: Customer Support, 12100 Ford Rd. Suite 195, Dallas, TX 75234. We will work with you to obtain a prompt resolution of any issues you may have.