Terms and Conditions
Agreement between User and www.me-n-mommytobe.com and/or menmommytobe.com
Welcome to www.me-n-mommytobe.com and/or menmommytobe.com. The www.me-n-mommytobe.com and/or menmommytobe.com website (the "Site") is comprised of various web pages operated by Byerly LLC ("Me 'n Mommy To Be"). www.me-n-mommytobe.com and/or menmommytobe.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.me-n-mommytobe.com and/or menmommytobe.com constitutes your agreement to all such Terms by Byerly LLC. Please read these terms carefully, and keep a copy of them for your reference.
www.me-n-mommytobe.com and/or menmommytobe.com is an E-Commerce Site. All items sold on this site are sold as gently used unless otherwise noted. Items sold as new/like new will be listed as such. We in now way state or advertise that we are an authorized reseller of any product we sell. All products we resell are sold as resale, consignment or thrift store products.
Items purchased for In-Store Pickup
Due to the high volume of online orders any items purchased online and selected for FREE in-store pickup by the purchaser must be picked up within 48 hours of purchase. Me 'n Mommy To Be will elect at their sole discretion either 1 of 2 options for any customer that has failed to claim their order within the specified 48 hour pickup window. 1) the customer will have the cost of the item, minus a 20% restocking/online processing fee, refunded to their original payment method or issued as an online store credit in the name of the online purchaser and the item(s) will be immediately reallocated by Me ‘n Mommy To Be. If issued an online store credit the purchaser who did not pick up their item within the allotted time may then use that online credit to purchase other merchandise of their choice online. Credit refunds for online only work for online purchases, not in-store purchases. The credit does not expire so customer may use whenever they choose. 2) the customer may be refunded in full the cost of the item(s) purchased to the card payment was made with if an error was made by Me 'n Mommy To Be. Either option used by Me 'n Mommy To Be will result in the unclaimed merchandise being placed back for sale immediately. Should the same customer fail to pickup merchandise ordered within the FREE 48 hour from order pickup window more than once, the customer's account and ability to pickup in-store will be suspended. No future in-store pickup orders will be permitted.
Privacy
Your use of www.me-n-mommytobe.com and/or menmommytobe.com is subject to Me 'n Mommy To Be's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.me-n-mommytobe.com and/or menmommytobe.com or sending emails to Me 'n Mommy To Be constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Me 'n Mommy To Be is not responsible for third party access to your account that results from theft or misappropriation of your account. Me 'n Mommy To Be and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Me 'n Mommy To Be does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.me-n-mommytobe.com and/or menmommytobe.com only with permission of a parent or guardian.
Cancellation/Refund Policy
See "Return Policy Page" for our return policy
Links to Third Party Sites/Third Party Services
www.me-n-mommytobe.com and/or menmommytobe.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Me 'n Mommy To Be and Me 'n Mommy To Be is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Me 'n Mommy To Be is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Me 'n Mommy To Be of the site or any association with its operators.
Certain services made available via www.me-n-mommytobe.com and/or menmommytobe.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.me-n-mommytobe.com and/or menmommytobe.com domain, you hereby acknowledge and consent that Me 'n Mommy To Be may share such information and data with any third party with whom Me 'n Mommy To Be has a contractual relationship to provide the requested product, service or functionality on behalf of www.me-n-mommytobe.com and/or menmommytobe.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.me-n-mommytobe.com and/or menmommytobe.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Me 'n Mommy To Be that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Me 'n Mommy To Be or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Me 'n Mommy To Be content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Me 'n Mommy To Be and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Me 'n Mommy To Be or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Me 'n Mommy To Be account to third party accounts. By connecting your Me 'n Mommy To Be account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Text Marketing & Notifications
By consenting to Me 'n Mommy To Be’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at support@me-n-mommytobe.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy https://me-n-mommytobe.com/pages/privacypolicy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
Arbitration:
By using or purchasing Me 'n Mommy To Be products or services, you agree that any controversy, claim, action, or dispute between you and Me 'n Mommy To Be arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Me 'n Mommy To Be’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in , Las Vegas, Nevada, United States but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Nevada, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Me 'n Mommy To Be’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 4960 South Fort Apache Road, Suite 400 Las Vegas, NV 89148 Las Vegas, Nevada 89148. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Me 'n Mommy To Be. You are responsible for ensuring Me 'n Mommy To Be’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
Class Action Waiver:
You and Me 'n Mommy To Be agree that you may bring or participate in Claims against Me 'n Mommy To Be only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Me 'n Mommy To Be agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
International Users
The Service is controlled, operated and administered by Me 'n Mommy To Be from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Me 'n Mommy To Be Content accessed through www.me-n-mommytobe.com and/or menmommytobe.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Me 'n Mommy To Be, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Me 'n Mommy To Be reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Me 'n Mommy To Be in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Me 'n Mommy To Be agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BYERLY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BYERLY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BYERLY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BYERLY LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BYERLY LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Me 'n Mommy To Be reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Me 'n Mommy To Be as a result of this agreement or use of the Site. Me 'n Mommy To Be's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Me 'n Mommy To Be's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Me 'n Mommy To Be with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Me 'n Mommy To Be with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Me 'n Mommy To Be with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Me 'n Mommy To Be reserves the right, in its sole discretion, to change the Terms under which www.me-n-mommytobe.com is offered. The most current version of the Terms will supersede all previous versions. Me 'n Mommy To Be encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Me 'n Mommy To Be welcomes your questions or comments regarding the Terms:
Byerly LLC
4960 South Fort Apache Rd., Suite 400
Las Vegas, Nevada 89148
Email Address:
support@me-n-mommytobe.com
Telephone number:
702-906-0077
Effective as of November 08, 2018
