Terms and Conditions Updated January 1, 2016

1. ABOUT US

Babymanual.com (“site”) is a site operated by Parent Education Media, LLC (“we”, “our”, “us”). We are registered in North America as a Limited Liability Company under entity number 201404110208 with our registered office at 951 Mariners Island Blvd, 3rd Floor, San Mateo, CA 94404. The Site and its original content, features and functionality are owned by Parent Education Media, LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

2. HOW THESE TERMS AND CONDITIONS APPLY TO THE SALE OF PRODUCTS

2.1  These Terms and Conditions (together with any relevant documents referred to in them, including the Website Terms of Use) set out the terms on which we supply any of the following products via our site to you:

  • Downloads of video products to your computer or mobile device
  • Downloads of documents (i.e. PDF, Word files) to your computer or mobile device
  • Streaming of video products via this site
  • DVD products
  • Family care products
  • All other merchandise available in our store
The term “Digital Product”, which is used throughout this document includes but is not limited to any product that is downloaded, streamed, or in DVD format.

 

2.2  Each time you purchase a product through this site you will be required to click the “Proceed to Checkout” button to complete the order. On the checkout page, you will be required to enter all relevant information and mark a box acknowledging that you are aware that “All purchases are subject to our license agreement & terms and conditions”. By checking the box and clicking the “Place Order” button and/or by using this site to purchase products, you are accepting both this license agreement and the terms and conditions of sale. Any terms that you seek to impose in respect of your purchase of any products through this site will not be part of any contract between us. Please read these terms and conditions carefully before ordering any products from our site. If you have any questions regarding these terms or conditions, please contact us before placing any order or continuing to use the website.

 

2.3  To the extent that there is any conflict or inconsistency between the terms and conditions on this site and the Privacy Policy in respect of your use of and/or order of products the following order of precedence will apply:

We recommend you review these terms and conditions each time you purchase products and print a copy of these terms and conditions for your future reference.

 

3. ABOUT YOU

By placing an order through our site, you warrant that you are legally capable of entering into binding contracts, at least 18 years old, and will not copy, distribute or share the Digital Products (any product that is downloaded, streamed, or in DVD format) other than as allowed under these terms and conditions and the product license agreement. In addition, you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order. We work with third parties that help us provide our products to you, including card payment and collection companies, and they will also have access to your personal data to the extent necessary to help us process/fulfill your order. For further information about how we may store, process, and use your personal data please refer to our Privacy Policy.

 

4. REGISTRATION

To place an order, you are required to register with the site, which will ask you to provide us with certain personal information and payment/billing details so that we can process your order. You agree to provide us with truthful, complete, and accurate details. Be sure to keep any account details (including any passwords) safe and not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.

 

5. DIGITAL PRODUCTS

5.1  On this site, we provide a digital service that allows you to access, stream or purchase Digital Products (including information related to these products). All Digital Products available through this site are owned or controlled by us and are protected by intellectual property rights. Any use of Digital Products purchased through this site are subject to the product license agreement. Upon completion of payment for the Digital Product, we grant you a non-exclusive, non-transferable license to use the Digital Product in accordance with these terms and conditions.

 

5.2  You agree that you will not sell, broadcast, rent, share, modify, edit, transfer, lend, redistribute, transmit, assign, adapt, or sub-license any Digital Products available through this site (whether the same are available as streams and/or downloads) in any manner other than explicitly described in the product license agreement. These terms and conditions do not grant to you any rights in relation to the promotional use, resale, commercial sale, commercial exploitation, reproduction or distribution of any Digital Product.

 

5.3  We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these terms and conditions and to prevent your unauthorized use of this site and/or Digital Products. Downloads of Digital Products are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. You must adhere to any and all usage restrictions that apply to the Digital Product as set out in the product license agreement.

 

6. ORDER PLACEMENT AND CONTRACT FORMATION

After placing an order for a product via our site, you will receive an on screen message and e-mail from us setting out the details of your order and acknowledging that we have received your order. The contract for the purchase of any Digital Product will be between you and us and will only be formed when we grant access to downloadable content, streaming content, or ship DVD and we have received payment in full for the Digital Product. Until we ship the product or make the Digital Product available for download and receive payment in full there is no contract between you and us for the product. We reserve the right, in our sole discretion to reject any order we receive.

 

7. AVAILABILITY AND DELIVERY

All products featured on our site are subject to availability. We reserve the right to change or remove a product or other content on the site at any time without notice or liability to you.

 

8. PRICE AND PAYMENT PROCESS

8.1  For Digital Products which allow access online through download or stream, we will provide access within 24 hours of your purchase and confirmed payment receipt. Once access is granted, you will be able to login to your account and view content under the “My Programs” tab. For all other non-download or non-stream products, we aim to ship within 24hrs of purchase and payment receipt. It is recommended to allow for 5-10 business days depending on ship to location.

 

8.2  Note that if you are downloading the digital products to a mobile device, please consult your mobile network/service agreement for any additional charges that may apply. We recommend you contact your network/service provider to understand the nature and extent of any additional charges before streaming on a mobile device. Note that overseas roaming charges may also apply.

 

8.3  We use our best efforts to ensure the prices of products displayed on our site are correct. We reserve the right to withdraw from any product purchase in the case of obvious and unmistakable pricing errors. Our prices may change at any time. Changes will not affect orders for which payment has been taken and product has been mailed and/or made available for download/stream.

 

8.4  Payment for all products must be by PayPal or credit card. We accept Visa, Master Card, Discover, and American Express. By providing the details of a credit or debit card to be charged or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such. All card payments and card holders are subject to validation checks and authorization by us and the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment we will contact you to discuss the next steps. Please see Billing & Payments page for more information.

 

9. RETURNS, CANCELLATIONS, AND DEFECTS

9.1  As per our “Risk Free Empowerment Guarantee”, we are certain that soon to be moms and dads who watch “The Baby Manual – Parent Empowerment Program” will be more confident, well informed, better equipped, and fully prepared to thrive in parenthood. If you do not feel this same sense of empowerment after completing “The Baby Manual – Parent Empowerment Program”, just return the video program within 30 days for a full refund of your purchase price. Due to the sensitive nature related to download and streaming format of Digital Product purchased, those purchasers will be required to e-mail us at info@parenteducationmedia.com with a written request to cancel your subscription along with a brief description of your reason for cancellation. With section 5.1, 5.2, and 5.3 of this document in mind, we will review your request and get back to you within 3-5 business days.

 

9.2  In the unlikely event a product is defective, please contact us at info@parenteducationmedia.com. We will replace any such faulty or damaged product, if possible. If issues with any Digital Product continue, we may issue a refund. You must notify us within 30 days from time of purchase of the Digital Product. If you fail to notify us within 30 days, we cannot be held liable, but will do our best to resolve the issue while at the same time adhering to the guidelines set forth in this document.

 

10. BREACH OF TERMS AND CONDITIONS

If you are in breach of, or we suspect you are in breach of the Terms and Conditions, then we may take any/all of the following actions:

  • Issue a warning to you
  • Withdraw your access to your account on a temporary or permanent basis
  • Legal action against you
  • Disclose information to law enforcement authorities
The responses described above are not limited and we may take any action we reasonably deem appropriate. In any case, you are still responsible for any and all outstanding amounts owed on your account.

 

11. OUR LIABILITY TO YOU – PLEASE READ THIS SECTION CAREFULLY –

11.1  You agree you will have no claim against us, in respect of any decision to remove products from this site or any decision to suspend or terminate your access to this site or to Digital Products through the site.

 

11.2  We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for the purpose for which products of the same kind are commonly supplied. We do not make any other promises or warranties about our products. You agree that use of this site to access or purchase products is at your sole risk.

 

11.3  The content displayed on our website, babymanual.com (including but not limited to the blog and discussion forums), and in our The Baby Manual™ video programs is provided for the sole intention of educating consumers on topics regarding baby care and family care. All information provided is for informative purposes only. No information displayed on this website or in The Baby Manual™ video programs should be followed blindly. Babymanual.com and The Baby Manual™ video programs are not intended to be used for instructional medical diagnosis, first aid, treatment and emergency care. The information provided does not replace medical advice or personal counseling. Always consult your doctor prior to making a health decision.

 

11.4  This website, specifically but not limited to the blog and discussion forums, bears information written or rendered by third parties or users. Any notions, advice, testimonials, or other information conveyed or created by third parties, are that of the third party, and does not assert or suggest those of Parent Education Media, LLC. We do not guarantee the authenticity, completeness or usefulness of any content, nor does any third party provider of information. Babymanual.com is not responsible for accuracy, reliability or adverse reaction to any opinion, advice or content displayed on the website, blog, discussion forum, or contained in our products.

 

11.5  The information contained in the website (including the blog and Digital Products) may contain technical inaccuracies or typographical errors. We reserve the right to make changes and improvements to any information contained within the website, at any time and without notice. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our website is accurate, complete or up-to-date. We also do not warrant or represent that the information or materials available through the website will meet your particular requirements or needs or that access to, or use of our Digital Products will be uninterrupted or completely secure.

 

11.6  The content contained in our Digital Products (specifically, but not limited to, The Baby Manual™ Video Training Program), is not a substitute for professional medical care by a qualified doctor or other healthcare professional. You should ALWAYS check with your doctor if you have any concerns about you or your baby’s condition or treatment and before taking, or refraining from, any action on the basis of the content of our Digital Products or website.

 

11.7  Our liability for losses you suffer as a result of us breaking a contract for a Digital Product(s) is strictly limited to the purchase price of the relevant Digital Product(s) affected.

 

11.8  We are not responsible for losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to: third party loss, loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of, damage to or corruption of data; loss of opportunity or goodwill; indirect or consequential loss of any kind; however arising and whether caused by tort (including negligence), breach of contract or otherwise.

 

12. LINKING POLICY

We encourage linking to our site from other websites. However, we do not accept any responsibility for the accuracy or quality of these websites. We do not endorse any commercial organizations other than our established corporate partners.

 

13. WRITTEN COMMUNICATION

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

 

14. NOTICES

All notices given by you to us must be given by email to info@parenteducationmedia.com or by post to Parent Education Media, LLC at 951 Mariners Island Blvd, 3rd Floor, San Mateo, CA 94404. We will give notice to you at either the e-mail or postal address you provide to us as part of your account registration or order process.

 

15. EVENTS OUTSIDE OUR CONTROL

We cannot be held liable or responsible for any failure to deliver our obligations under a contract for a Digital Product that is caused by events outside our reasonable control (Force Majeure Event). Our obligations under the contract will be suspended for the period that the Force Majeure Event continues, and we will do our best to resume fulfillment as quickly as possible thereafter.

 

16. WAIVER

In the unlikely event that we fail to deliver on our strict performance obligations under the Terms and Conditions, this does not waive such rights and remedies and does not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. If a waiver is issued it will expressly state to be a waiver and will be communicated to you in writing.

 

17. SEVERABILITY

If any of these terms or conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, as decided such terms may be removed.  The remaining terms and conditions will continue to be valid to the full extent permitted by law.

 

18. GUIDELINES FOR IN WRITING COMMUNICATION

We can only accept responsibility for statements made in writing. We intend to rely upon these terms and conditions and any document referred to in them in relation to the subject matter of any contract relating to the products and Digital Products. If you are uncertain about these or if you feel they are inconsistent with any verbal communications, please contact us before placing an order so we may discuss your questions or concerns.

 

19. OUR RIGHT TO MAKES CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right to make changes to these terms and conditions from time to time without notice. You will be subject to the terms and conditions in force at the time that you order is placed, unless any changes are required to be made by law or governmental authority.

 

20. LAW AND JURISDICTION

Any dispute or claim arising out of or in connection with the use of this website or the purchase of products from this site will be governed by the laws of the United States of America and the laws of the State of California.

 

21. QUESTIONS OR COMPLAINTS?

If you have any questions regarding this site, the products featured on the site or any of the terms and conditions, please do not hesitate to contact us via e-mail at info@parenteducationmedia.com or via post at Parent Education Media, LLC at 951 Mariners Island Blvd, 3rd Floor, San Mateo, CA 94404.