Terms of Service

WHY NOT MOM DESIGNS TERMS OF SERVICE FOR SOCIAL MEDIA SUBSCRIPTION SERVICES

OVERVIEW

This website is operated by Why Not Mom. Throughout the site, the terms “we”, “us” and “our” refer to Why Not Mom. Why Not Mom offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Terms of Use

Welcome to the Why Not Mom Shop located at "https://shop.whynotmom.com" (this "Site"), which is owned by Tonia L. Clark (“Why Not Mom"). Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies, and notices contained on this page (these "Terms"), including but not limited to conducting this transaction electronically, disclaimers, and a choice of Indiana law.

These Terms are effective as of July 14, 2021.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools, products, or services that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not use our logos, trademark or name, or likeness in any manner without our written consent. Any other trademarks or copyrighted images not owned by Why Not Mom or Tonia L. Clark shall not be used without their written consent as they are the property of such owners.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. If there is any such recourse for the user it will be considered for only the amount paid for by the user’s most recent transaction.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right to change pricing on our products without prior notice.

BETA users will have their plan prices honored for as long as they continue as an active subscriber and will not receive a price increase unless their subscription is cancelled for any reason. See Section 6: Billing and Canceling of Membership for more information.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to our users or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION AND RETURN POLICY

We 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 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you promptly as needed.

Billing and Canceling of Membership

The user’s Why Not Mom Designs Subscription membership auto-renews monthly, semi-annually, or annually depending on the membership plan user chose at the time of their original check-out order placed by the user.

User is responsible for canceling their subscription membership via their membership account access page. (Currently through DPD)

Subscriptions must be canceled BEFORE the user's renewal date to avoid additional charges, otherwise, the user’s subscription membership will continue billing according to the term user agreed upon.

Once canceled, all access to previous, and future content will cease.

Users have the right to cancel membership at any time at their sole discretion.

If a user reinstates their subscription we cannot guarantee that the same pricing plan they had previously signed up for will still apply or be available. Users understand that cancellation of their subscription service includes loss of early bird or beta pricing that they may have qualified for previously.

Refunds

Purchasing a Why Not Mom Designs Subscription service gives the user unlimited access to a restricted, members-only content which includes instant access to our digital downloadable content, and therefore and thereby all sales are final and cannot be refunded or exchanged. If however there are any technical issues with your download due to our own technological or human error or an issue with the product’s quality, please don't hesitate to reach out to us so that we may resolve the matter as efficiently as possible. You may reach us at ishop@whynotmom.com

It is the user's sole responsibility to log in, access, and download the contents made available through the subscription service. Simply choosing not to log in and access the subscription service does not give user rights to a refund once access is granted.

For more details, please review our Refund Policy.

Communication

Upon registration of the subscription membership with Why Not Mom Designs, you have given consent for Why Not Mom to send communication via email and agree and give consent to any notices, agreements, disclosures, and other communications sent via email are a satisfactory method of communication for legal purposes required by law that such communications be in writing.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind or any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. We are not responsible for returns or refunds associated with any third-party websites.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Why Not Mom, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. To the full extent permitted by applicable law, Why Not Mom, nor Tonia L. Clark shall accept the responsibility that its website, servers, and emails sent from the website are to the best of our knowledge free of viruses or any other harmful counterparts. We will not be held liable for damage of any kind arising from the use of said services regardless if directly or indirectly occurred. Why Not Mom is not responsible for any content loss or damage incurred due to hard drive crash, personal computer malfunction, stolen or lost goods, or any natural disaster.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Why Not Mom and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at ishop@whynotmom.com.

Canva Templates Usage Restrictions:

Why Not Mom grants the user a non-transferable, exclusive, perpetual limited-use license to download and copy our Canva templates under the following terms of use only. The license itself is only for personal or commercial use and NOT for resale. Upon purchase of a subscription service, the user understands and agrees to the terms and conditions of such exclusive, limited use license.

“Limited use” refers to the following:

Why Not Mom and Tonia L. Clark remains the sole holder of the copyright and users may not cite the image as the user's intellectual property. Users acquire the right to possess, hold and use the templates for personal, or professional purposes for normal business uses.

The link to this product is for your use only and not to be shared, sold, or distributed. Any documents we created and distributed as well as the editable Canva Template links or any printables we design are not to be redistributed, resold, relicensed, shared, or given away in a giveaway without our direct written consent. Anyone who does so will be blocked access to our products and online store indefinitely and held liable for loss of profit to Why Not Mom.

The editable Canva Templates are designed to only be used as a template for you as the customer to create and share on the user's social media accounts and blog posts that the user owns and has rights to. If the user is a team member for a brand/company that has purchased a subscription to create graphics for the brand/company the user represents, that is a considered acceptable use. If a user wishes to have a friend or family member use these products for their own personal or business use, please direct them to our store here. Virtual Assistants will need to have each client purchase a subscription to utilize our templates and have access to each of their limited-use licenses to create graphics for each clientele’s business.

The templates you purchased from our store are in no way affiliated, endorsed, or owned by Canva in any official capacity. Canva makes no promises regarding third-party templates and Canva shall not be liable for anything arising from the creation (or purchase) of a third-party template. We created each of these templates without the use of Canva’s pre-made templates and have designed our unique creations via Canva’s design program and in accordance with Canva’s terms. Thereby making it legal for us to sell our unique templates.

By purchasing from this shop, you agree to all the terms and conditions stated above and the terms of services on our site.

Our templates are not affiliated, endorsed, or owned by Canva, Pinterest, Facebook, Instagram or Twitter, or any other social media platforms heretofore. We do not guarantee any results or sales by the use of our products.

Disclosure

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