Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using thevirtualmama.com (the “Service”) operated by The Virtual Mama, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Our products are currently delivered by internet download or streaming only. After your purchase has been approved we will process your order. Orders are typically processed within the same day. Once your order has been processed we will send you a confirmation email using the email address you provided on our order form.
This email will serve as your electronic purchase receipt and will contain the information you need to access our product downloads.
Downloads from our servers are closely monitored to ensure you are able to successfully access our products. While we are flexible and allow you to complete a reasonable number of downloads we will not tolerate download abuse. We reserve the right to terminate your access to our download servers.
Subscription products are products that customers pay a recurring subscription fee to have continued access to the product or service.
Subscription fees are automatically charged on an ongoing, monthly basis, using whatever payment method the customer has provided.
“Subscription products,” “memberships” and “subscription services” all refer to the same type of product, and are all subject to the same policies.
Subscription Product Refund Policy
Subscription products are eligible for a full, no-questions-asked refund during the seven (7) days following enrollment.
After the first seven (7) day period, refunds are no longer offered for any reason.
Subscription products/services may be cancelled at any point in time, with no advance notice necessary, except where a specific product or service package’s terms differ. (For example, in the case of purchasing a one-year membership.)
When a subscription is terminated or a membership is cancelled, no additional fees shall be charged.
Subscriptions/memberships can be canceled without charge up until the next month’s fee is charged. If cancellation is requested less than 24 business hours prior to the subscription fee being processed, the customer may be charged for the following month’s subscription.
Any cancellation requests made after a given month’s subscription fee has been charged are NOT eligible for refund, and refund will not be provided. Membership/subscription can be terminated at that time, and the customer will not be subject to any future charges.
If a subscription/membership is canceled mid-way through a billing cycle, the customer will continue to have access to the product/service for the remainder of the billing cycle, unless a refund was provided.
Payment Plan Policy
This policy applies to products which are purchased via a payment plan option.
In the event that the terms of the payment plan are not fulfilled, the payment plan will be canceled, and product access will be revoked. In this instance, no refunds will be provided.
Refund Policy (Digital Goods)
We stand behind our products and your satisfaction with them is important to us. However, because our products are digital goods delivered via internet download and available for instant access we typically do not offer refunds.
If you change your mind about your purchase and you have not yet downloaded our product, we will happily issue you a refund upon your request.
Refund requests made after you have downloaded our product are handled on a case by case basis and are issued at our sole discretion.
Each product has its own refund policy, as detailed below:
Within the first 7 days, we will provide a full refund.
COLD PITCH WORKSHOP
Because of the digital nature of this product, no refunds will be given.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes, and Promotions
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of The Virtual Mama, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Virtual Mama, LLC.
Links To Other Web Sites
Our Service may contain links to third party websites or services that are not owned or controlled by The Virtual Mama, LLC.
The Virtual Mama, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that The Virtual Mama, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless The Virtual Mama, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall The Virtual Mama, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Virtual Mama, LLC and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us here.