Terms and Conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the
portlandbirthandbody.com website (“Website” or “Service”) and any of its related products and services (collectively,
“Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Portland Birth and Body (“Portland Birth and Body”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a
business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in
which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do
not agree with the terms of this agreement, you must not accept this agreement and may not access and use the
Website and Services. By accessing and using the Website and Services, you acknowledge that you have read,
understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a
contract between you and Portland Birth and Body, even though it is electronic and is not physically signed
by you, and it governs your use of the Website and Services.
Age requirement
You must be at least 13 years of age to use the Website and Services. By using the Website and Services and by
agreeing to this Agreement you warrant and represent that you are at least 13 years of age.
User content
We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the
course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability,
appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no
obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You
grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your
user account solely as required for the purpose of providing the Services to you. Without limiting any of those
representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or
remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or
objectionable. Unless specifically permitted by you, your use of the Website and Services does not grant us the
license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user
account for commercial, marketing or any similar purpose.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at
the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction,
we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a
copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change
products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may,
in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we
may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the
order was made.
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any
information on the Website or Services is inaccurate at any time without prior notice (including after you have
submitted your order). We undertake no obligation to update, amend or clarify information on the Website
including, without limitation, pricing information, except as required by law. No specified update or refresh date
applied on the Website should be taken to indicate that all information on the Website or Services has been
modified or updated.
Backups
We are not responsible for the Content residing on the Website. In no event shall we be held liable for any loss of
any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the
foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to
restore some or all of your data that has been deleted as of a certain date and time when we may have backed up
data for our own purposes. We make no guarantee that the data you need will be available.
Advertisements
During your use of the Website and Services, you may enter into correspondence with or participate in promotions
of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity,
and any terms, conditions, warranties or representations associated with such activity, is solely between you and
the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence,
purchase or promotion between you and any such third party.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we
are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any
linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This
means if you click on the link and purchase an item, Portland Birth and Body will receive an affiliate
commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any
businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the
actions, products, services, and content of any other third parties. You should carefully review the legal statements
and other conditions of use of any resource which you access through a link on the Website. Your linking to any
other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or
Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon
or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity,
race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or
operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the
security features of the Website and Services, third party products and services, or the Internet. We reserve the
right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or
in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to
sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether
registered or unregistered and including all applications and rights to apply for and be granted, rights to claim
priority from, such rights and all similar or equivalent rights or forms of protection and any other results of
intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does
not transfer to you any intellectual property owned by Portland Birth and Body or third parties, and all rights,
titles, and interests in and to such property will remain (as between the parties) solely with Portland Birth and Body. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are
trademarks or registered trademarks of Portland Birth and Body or its licensors. Other trademarks, service
marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third
parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of
Portland Birth and Body or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and
Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Services will meet your requirements, or that the Service will be
uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained
from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or
that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded
or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely
responsible for any damage or loss of data that results from the download of such material and/or data. We make
no warranty regarding any goods or services purchased or obtained through the Service or any transactions
entered into through the Service unless stated otherwise. No advice or information, whether oral or written,
obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Portland Birth and Body, its affiliates,
directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental,
special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue,
sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of
business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort,
warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the
possibility of such damages or could have foreseen such damages. To the maximum extent permitted by
applicable law, the aggregate liability of Portland Birth and Body and its affiliates, officers, employees,
agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any
amounts actually paid in cash by you to Portland Birth and Body for the prior one month period prior to the
first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does
not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Portland Birth and Body and its affiliates, directors, officers, employees,
agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including
reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions,
disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the
Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to
the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so
that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision
of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the
intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with
respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force
and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be
governed by the substantive and procedural laws of Oregon, United States without regard to its rules on conflicts
or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for
actions related to the subject matter hereof shall be the courts located in Oregon, United States, and you hereby
submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding
arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale
of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our
discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to
you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement
unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised
Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and
using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms
of this Agreement, you are not authorized to access or use the Website and Services.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us:
By email: hello@portlandbirthandbody.com
This document was last updated on October 6, 2021