Terms Of Use

Terms of Use (ToU)

INTRODUCTION
Welcome to HappyBelliesHappyBabies.com also hereby known as “we", "us", “site” or "HBHB."
HBHB is a discreet community based classified website that offers peace of mind for the buying, selling, and donating to breast milk.
HBHB is an online Classified Marketplace for Breast Milk, and these are the terms and conditions governing your access and use of HBHB along with its related sub-domains, sites, mobile app, services and tools (the "Site"). By accessing HBHB, you agree to the provisions outlined in this legal binding Terms of Use ("TOU") Agreement.
This Site is owned and operated by Happy Bellies, Happy Babies LLC, USA.

ACCEPTANCE OF TERMS

i. By using the Site, you hereby accept these terms and conditions (including the linked
Privacy Policy herein) and represent that you agree to comply with these terms and conditions (the "User Agreement").

ii. You represent and warrant that you have the right, authority and legal capability to enter into this Agreement and that you are neither prohibited, nor disabled by any law in force from entering into a contract.

iii. This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement, please do not access, register with or use this Site.

iv. It is strictly prohibited for the Seller to add any form of contaminant, the addition of vitamins or adulterations such as bovine i.e., cow or buffalo milk.

v. HBHB forbids Ad Listings which Include Nudity, Pornography, Adult Wet Nursing or any abusive or offensive language.

vi. The Seller shall Abide By the HBHB’s Knowledge Base Guidelines for Pumping, Storing, Use of Dry Ice, Shipping breast milk and everything in-between.

vii. Seller shall review the following Knowledge Base Guidelines before Listing An Ad on HBHB.
(a) Using dry ice (b) Shipping coolers
(c) Shipping services (d) Pumping, handling, and bagging breast milk
(e) Home pasteurization (f) Freezing and storage
(g) Proper handling, storing, thawing, and feeding
(h) Traveling on plane with breast milk (i) Using PayPal

viii. Seller shall follow the HBHB described Ad Listing and Payment Guidelines attributed as

Seller Guide.

ix. The seller should not accept the Payment Methods which include,
x. (i) Cashier Checks (ii) Money Orders (iii) Wire Transfers and Checks.

xi. Seller shall only adopt the Safe Payment Methods which include: (i) PayPal (ii) Cash
xii. Seller shall only use Authorized Shipping Carriers to Deliver Breast Milk;
(i) UPS (ii) USPS (iii) FedEx
xiii. Buyer shall review and follow the Guidelines provided in the Buyer Guide.
xiv. After receiving the Consignment, Buyer must pasteurize the Milk according to the
CDC Breast Milk Guidelines and Recommendations.
xv. To understand and Avoid Payment Risks, Buyer shall read Payment Options Scam Awareness.
xvi. Do not make any statements claiming or otherwise imply that you are or your milk is certified, lab tested, approved, or qualified by third party milk banks or milk processing companies.
HBHB cannot verify or determine the authenticity of such claims and will therefore remove such Postings upon receiving notification or discovering the presence of such Ad Listings.
xvii. You can not post the same ad with different description in the same or in another category more than once in a period of 30 days.
xviii. This Agreement will remain in full force and effect while you use the website as a Free or Paid Member.
xix. By using the Site, you hereby accept these terms and conditions (including the linked Privacy Policy herein) and represent that you agree to comply with these terms and conditions (User Agreement).
xx. This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement, please do not access, register with or use this Site.
xxi. This Site is owned and operated by Happy Bellies, Happy Babies LLC, USA.

Modification to The Agreement

i.        The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification.
ii.       Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to the Terms and Conditions of use constitutes your acceptance of those changes.
iii.      Criteria HBHB shall act on the basis of the information that may be submitted by you, believing the same to be true and accurate, even if the information is provided during the registration is with your family, friends, relatives on your behalf under your consent. HBHB is under no obligation to verify the accuracy or genuineness of the information submitted by you.

REGISTRATION
i)   The minimum age for Use for Registering on HappyBelliesHappyBabies.com is 18 years.

ii)   The HBHB Services are only available to the residents of the USA.

iii)   You will be required to register for an account in order to use certain HBHB Services. When you provide information during the registration process, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.

iv)   A User can create only Single Account on HBHB.

v)   HBHB shall immediately Delete Multiple or False Accounts.

vi)   HBHB shall review Verified Seller Accounts (VSA) after 12 months to offer a reasonable timeline of current VSA verification assurances to buyers.

vii)   Acceptance of your profile on HBHB has at the sole discretion of HBHB and HBHB reserved its right to accept or remove your profile without any reason or intimation.

viii)   You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

ix)    You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

x)    You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

xi)   If you register for a HBHB account, You agree to accept responsibility for all activities that occur under Your account or password, if any, and You agree You will not sell, transfer or assign Your subscription or any subscriber rights.

xii)   You represent and warrant that you have the right, authority and legal capability to enter into
This Agreement and that you are neither prohibited, nor disabled by any law in force from entering into a contract.

xiii)  HBHB reserves the right to change these terms and conditions at any time, without prior notice at its sole discretion. Consequently, you should check these terms and conditions periodically to be apprised of any changes.

Content

i)    You understand that all listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. Although we have no obligation to screen, edit or monitor User Content, we may edit, delete or remove User Content at any time and for any reason. HBHB will not be liable for any modification or discontinuation of the Services, or the loss of any User Content.

ii)   You also understand that HBHB does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Please review our Privacy Policy for details.

iii)  Furthermore, the Site and Content made available through the Site may contain links
(Surrogacy Connection) to other web sites that are completely independent of HBHB.

iv)  HBHB makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on such web site.

v)   Under no circumstances will HBHB be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site.

vi)  The User is not allowed to post Content that is abusive, libelous, defamatory, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation or is otherwise objectionable in HBHB reasonable discretion.

vii)  HBHB does not allow Spamming or Chain Letters.

viii) HBHB forbids Copying, duplicating, modifying or distributing the content of other advertisements.

ix)   You understand and agree that any uploading or posting ads will be at your sole risk and HBHB shall not be responsible to you in any way.

x)    You are also fully responsible for Ad Listing, or any content you post on the Site and to the consequences of any such Content.

xi)    Further, HBHB does not provide any warranty as to your use of third-party content or software that you obtain from the Site.

xii)   Although HBHB does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to HBHB an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that HBHB, in its sole discretion, may delete any Content for any reason.

xii)  All content provided on HBHB is for informational purposes only. The owner of this site makes no representations as to the accuracy or completeness of any information on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information.

TERMINATION
We reserve the right to terminate your member service at any time or for any reason, with or without notice. Once your member service is terminated, you agree not to post a message on our site, or to assist or cause another person to post a message on your behalf.

If you breach this or any of our other terms and conditions we reserve the right to close your account.

To deactivate your account please contact our Support Department at;

(i) happybellieshappybabies@gmail.com
(ii) https://www.happybellieshappybabies.com/contact-us/

Administration
You can update your Personal Details (including your account and Ad preferences) by accessing your account at your HBHB Profile page and making any necessary changes; this will update your details across all the services that you have subscribed to.
The HBHB user may at any time Modify or Delete their Advertisement.

Dues/Fees and Refund Policy

i.     HBHB offers free as well as Paid Membership Services to its members.
ii.    A Free Seller Account Member can opt for Paid membership Plan, “Verified Seller Account” which offers Premium Profile and Ad Posting Features.
iii.   All fees shall be reflected and charged in the US Dollar ($).
iv.   In the event of delayed payments for the Paid Membership Services, HBHB reserves the right to suspend the execution of the said service and restrict the access of the user until the amount due has been paid.
v.    HBHB reserves the right to change/modify the fees for services associated with premium features on the website without prior notice.
vi.    If you choose to terminate your membership, the MEMBERSHIP FEES ARE NOT REFUNDABLE under any circumstances.
vii.   Your membership in the HBHB service is for your Sole, Personal Use.
viii.  You may not authorize others to use your membership and you may not assign or transfer your account to any other person or entity.
ix.    Violation of this condition will lead to removal of your profile from HBHB without any refund.
x.     If HBHB terminates your membership in the HBHB because you have breached the Agreement, you will not be entitled to any refund of any unused Subscription fees.

Payment Gateway

HBHB is an Online Classified Web Portal for Breast Milk and does not Support Online Buying or Selling of Products.

HBHB does not provide any E Commerce or Digital Payment Gateway Service (PayPal) to its Members for Online Buying or Selling of Breast Milk.

Third Party Links
i) For the purpose of information, HBHB lists the Directory of Surrogacy Agencies based in
The USA.
ii) These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.
iii) Surrogacy Connections Accounts cannot access the HBHB Breast Milk Classified Member Services without Sign Up/Registration.
iv) The HBHB is not Affiliated with any other Website, Surrogacy Agency, Groups, or Organization.
v) The HBHB does not Endorse any Products or Services of third party websites.

User Conduct

You agree to act responsibly and to treat other users with respect. Users also must not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from the Service or blocked from the Site.
You agree not to post, email, otherwise make available Content that:

i.    Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable.
ii.   Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
iii.   Is harmful to minors or displays sexually explicit material of any kind.
iv.   Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
v.    Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
vi.   Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
vii.  Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the HBHB service.
viii.  Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without HBHB’s prior consent.
ix.    Contains personally identifiable information about another member that is published without their express consent.
x.     Contains material originally posted by another member that is reposted without permission or attribution.
xi.    Has misleading email addresses or other manipulated identifiers to disguise its origin.
xii.   Is purposefully posted in an irrelevant category or repeatedly post the same Content or otherwise impose an unreasonable or disproportionately large load on HBHB’s infrastructure.
xiii.  Is from more than one Member Account.
xiv.  Circumvents or attempts to defeat any security or verification measures relating to use of the Site or Services

Additionally, you agree not to:

i.       Contact anyone who has asked not to be contacted.
ii.     "Stalk" or otherwise harass anyone.
iii.     Delete or revise any material posted by any other user.
iv.      Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity.
v.       Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site.
vi.      Attempt to gain unauthorized access HBHB computer systems or networks to engage in any activity that Disrupts, Diminishes the Quality, Interferes with the Performance, or Impairs the Functionality of the Service or the Site.

Privacy and Information Disclosure

a)   HBHB has a Privacy Policy that explains to users how their information is collected and used. A copy of the HBHB Privacy Policy can be found at:
https://www.happybellieshappybabies.com/privacy-policy
b)   Your use of the Site or the Service signifies acknowledgement of an agreement to our
Privacy Policy.
c)   You further acknowledge that HBHB may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of HBHB, its users or the general public.

Ownership / Proprietary Rights

The Content included on the Site, including, without limitation, the Text, Software, Scripts, Graphics, Photos, Sounds, Music, Videos, Interactive features and the like, and the Trademarks, Service Marks and Logos contained therein, are owned by HBHB, and are subject to Copyright and other rights under the USA and International Intellectual Property Laws.

HBHB respects the Intellectual Property Rights of others and expects Users of the Site to do the same. You may not post, distributed, or reproduce in any way any Copyrighted Material, Trademarks, or other Proprietary Information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes Copyright Infringement, or that your Intellectual Property Rights have been otherwise violated, please immediately notify us at happybellieshappybabies@gmail.com. Filing a notice of infringement with HBHB requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 (DMCA).
The text of this statute can be found at the U.S. Copyright Office web site.

GOVERNING LAW
These Terms of Use, Privacy Policy will be interpreted and construed in accordance with the laws of the Alabama State of the USA without reference to its rules of conflicts of law.

NEWSLETTER, COMMUNICATION
The HBHB may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party.
(i) Frequency
The frequency of the newsletter issues will be at most weekly.

(ii) LIMITED LIABILITY
HBHB reserves the sole right to either modify or discontinue the Newsletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

No Spam Policy
You understand and agree that sending unsolicited email advertisements to HBHB email addresses or through HBHB computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Alabama, USA.
Any unauthorized use of HBHB computer systems is a violation of these Terms and certain Federal and State laws, including, without limitation, the Computer Fraud and Abuse Act
(18 U.S.C. § 1030 et seq.)
Such violations may subject the sender and his or her agents to civil and criminal penalties.

DISCLAIMER OF WARRANTIES
HBHB RESERVES THE SOLE RIGHT TO UNSUBSCRIBE USERS / VISITORS FROM NEWSLETTER SERVICE, WITHOUT NOTICE. WE WILL DO SO WITH ANY SUBSCRIBER, WE DEEM REGISTERED WITH FAKE DATA. YOU EXPRESSLY AGREE THAT USE OF THE HBHB, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. HBHB, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER HBHB, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HBHB ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

The user agrees not to hold HBHB responsible for things other users post or do. As most of the content on HBHB comes from other users, HBHB does not guarantee the accuracy of postings, user communications or the quality, safety, or legality of what’s offered. Continuous or secure access to HBHB’s services cannot be guaranteed. To the extent legally permitted HBHB expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. HBHB is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the use of the HBHB, even if HBHB has been advised or could have reasonably foreseen the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to the user.

HBHB users are obliged to release HBHB from any claims or lawsuits brought forward by other HBHB users or third parties who have been in any way affected by an advertisement’s content.
HBHB users must shoulder any costs/claims arising from lawsuits directed at HBHB, including all legal and juridical costs.

CONTACT
For queries regarding the Site or Service, or want to report abuse, please contact us at:

i) happybellieshappybabies@gmail.com
ii) https://www.happybellieshappybabies.com/contact-us/

By using this Website, you acknowledge that you have read, understood and accept the terms and conditions and that they have an equal value to a signed agreement contract.

IF YOU DO NOT AGREE WITH “HBHB” TERMS OF USE, PLEASE LEAVE THIS WEBSITE.   

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