Terms of Use

Effective Date: June 30, 2026

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS AS DETAILED IN THE “DISPUTE RESOLUTION; CLASS ACTION AND JURY TRIAL WAIVER” SECTION BELOW. PLEASE READ THAT SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

Introduction

Please review this page carefully. These Terms of Use (“Terms” or “Agreement”) constitute a legal contract between you and MOM Enterprises, LLC d/b/a Mommy’s Bliss (“Mommy’s Bliss,” “Company,” “we,” “us” or “our”) and govern your access to and use of the https://mommysbliss.com website and its subdomains (collectively, the “Website” or “Site”), and all services, products, goods, features, or content and interactive features, made available through it, or other services controlled by us that post a link to these Terms (collectively, the “Services”). By using the Site or Services, you agree to these Terms. These Terms form a contract between you and Mommy’s Bliss, and if you are using the Site or Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual and such entity or individual will also be considered a party to these Terms.

All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site, or the Services. Our Services are not intended for those under the age of 16 . We do not knowingly collect personal information directly from children under 16 through the Site. If you access our Services, you represent and warrant that you are at least 16 years of age.

From time to time, Mommy’s Bliss may decide to modify, add, or delete portions of these Terms and will post those changes here. If Mommy’s Bliss does so, your continued use of the Site or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, Mommy’s Bliss reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided.

2. Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. Please review our Privacy Policy carefully before using the Site or Services. By using the Site and our Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.

3. Additional Terms and Conditions

In connection with your use of the Site and Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. For instance, our users may also agree to the Authorized Retailer Policy, Reseller Policy, and other applicable partner or program policies made available by Mommy’s Bliss from time to time. Additional terms may also apply to participation in promotions, sweepstakes, loyalty or rewards programs, surveys, product testing opportunities, or other special features or offerings made available through the Services. If you are an authorized retailer, reseller, or distributor of Mommy’s Bliss products, your activities are also governed by the applicable Authorized Retailer or Reseller Policies available on our Website. Please read any supplemental policies and terms carefully before making any use of such portions of the Site or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Site or Services unless otherwise expressly stated. To the extent that additional rules and guidelines affect your use of our Services, those rules and guidelines are incorporated by reference into these Terms.

4. Consent to Electronic Communications

By using the Site and our Services, you agree that we may communicate with you electronically regarding your use of the Site or Services, including transactional messages, account-related notices, customer support responses, legal notices, and disclosures, and that any notices, agreements, disclosures or other communications that Mommy’s Bliss sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. You agree to retain copies of electronic communications for your records where appropriate. To withdraw your consent from receiving electronic notices, please notify us at customerservice@mommysbliss.com.

5. Mobile Messaging and SMS Terms

If Mommy’s Bliss offers SMS or text messaging communications, your participation in those communications will be subject to any additional terms presented at the time of enrollment, as well as our Privacy Policy. You may opt out of non-mandatory text messages at any time by following the instructions provided in the applicable message.

6. Third Party Purchases; Retailer Policies and Linked Sites

Mommy’s Bliss does not sell products directly through this Website and is not the merchant of record for any purchase made through a third-party retailer.

Our Website may provide links, “Where to Buy” tools (including through Wayvia or similar third-party referral tools or services), or other referral features that direct you to independent third-party sellers, distributors, marketplaces, or retailers (collectively, “Retailers”) where Mommy’s Bliss products may be purchased. Retailers are independent third parties and are not agents, representatives, or affiliates of Mommy’s Bliss.

Any purchase you make from a Retailer is governed by that Retailer’s own terms of use, privacy policy, shipping policies, refund policies, and customer service practices. Retailers control pricing, availability, order fulfillment, delivery, and returns. Mommy’s Bliss is not responsible for pricing errors, retailer cancellations, shipping delays, or refund decisions made by any Retailer.

Mommy’s Bliss may receive referral compensation from certain Retailers.

Certain functionality supporting the Website, including commerce infrastructure, analytics tools, embedded content, recruiting portals, customer service tools, or integrations with third-party service providers, may be operated by third parties. Your interactions with those services may be governed by the applicable third party’s terms and privacy policies.

The Site contains links to third party websites that take you outside of the Company websites and the Services (“Linked Sites”), including social media platforms, payment processors, customer support portals, collaboration tools, third-party integrations or plug-ins, training or knowledge base platforms or other websites or online services operated by third parties or Authorized Sellers. We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.

Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Linked Sites, including without limitation with respect to the payment and delivery of products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. Retailers control pricing and availability. Mommy’s Bliss is not responsible for pricing errors or retailer cancellations. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, .and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

Authorized Sellers Only

To help ensure product quality, authenticity, and safety, Mommy’s Bliss products should be purchased only from authorized retailers, resellers, or distributors. Products purchased from unauthorized sellers may be expired, altered, improperly stored, or otherwise outside of Mommy’s Bliss’s quality controls, and Mommy’s Bliss makes no guarantees regarding such products. The 45-Day Blissful Guarantee applies only to products purchased from authorized sellers.

The Site is intended for users located in the United States. We make no representations that the Site or its content is appropriate or available for use in other jurisdictions.

7. Prohibited Conduct

You may not access or use, or attempt to access or use, the Site or the Services to take any action that could harm us or any third party, interfere with the operation of the Site or the Services, or in a manner that violates any law(s). For example, and without limitation, you may not:

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
  • Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
  • Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site or the Services;
  • Collect or store personal data about other users of the Site or the Services or solicit personal information from any individual without proper rights or the consent of the individual;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or the Services or any activity conducted on the Site or the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
  • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
  • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to Mommy’s Bliss’s or its users’ computers or systems;
  • Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);
  • Violate, or encourage any conduct that would violate, any applicable law or regulation;
  • Interfere with or attempt to circumvent any analytics, tracking technologies, security features, or technical protections used in connection with the Site or Services;
  • Use the Site or Services in violation of applicable export control, sanctions, or trade compliance laws;
  • Engage in unauthorized resale, distribution, or diversion of Mommy’s Bliss products in violation of applicable reseller policies or quality control standards;
  • Engage in fraud or misuse of the Services;
  • Cause damage, embarrassment or adverse publicity to Mommy’s Bliss; or
  • Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site or the Services or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

Violating the security of the Site or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected.

8. Refunds

All returns, refunds, exchanges, and cancellation requests are governed by the policies of the third-party Retailer from whom you purchased the product. Mommy’s Bliss does not process payments or issue retailer refunds directly through this Website.

Satisfaction Guarantee

Mommy’s Bliss may offer a limited satisfaction guarantee for eligible products, subject to separate terms, conditions and proof of purchase. Eligibility requirements and limitations apply and are described on the applicable guarantee page available on the Site. This guarantee does not modify or replace the return or refund policies of the Retailer from whom you purchased.

Please note that because we are unable to control the quality of our products sold by unauthorized sellers, the Mommy’s Bliss 45-Day Blissful Guarantee does not apply to products purchased from unauthorized sellers. 45-Day Blissful Guarantee is not valid for Final Sale Items. Please visit this section of our Site for complete details on this Guarantee along with detailed instructions on how to submit a request. Please contact customerservice@mommysbliss.com with any questions on this Guarantee. Mommy’s Bliss reserves the right to verify these requests in accordance with Company policies and procedures.

9. Account Creation and Use

To access and use portions of the Site or Services, we may require you to register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone, and you agree to notify us immediately of any unauthorized access to or use of your Account. You are responsible for all activities conducted through your Account unless and until you notify us of unauthorized use. By creating an Account, you represent that you are using your account for a lawful purpose – you may not use your Account or the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. All materials uploaded are subject to applicable federal, state, and international laws.

We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site if you violate any of the terms of this Agreement. Mommy’s Bliss will not be liable to you or any third party for any termination of your access to the Site for cause. If your status as a user of this Site is terminated, you will (i) stop using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password and any information obtained from this Site.

10. Reward Program

Mommy’s Bliss may offer loyalty or rewards programs from time to time (each, a “Reward Program”) that provide special benefits or promotional opportunities to participating users. Participation in any Reward Program is voluntary and may be subject to additional terms and conditions presented at the time of enrollment. Mommy’s Bliss reserves the right to modify or discontinue any Reward Program at any time.

11. Sweepstakes, Promotions, Surveys, Polls, Message Boards, and Offers

From time to time, we may offer sweepstakes, promotions, surveys and/or offers to you. Where applicable law requires it, we will provide official rules, jurisdictions, duration, eligibility requirements, and/or additional terms of the offer or programs. Any additional terms will be incorporated into these Terms of Use and will control in the event of any conflict. We may use your Personal Information to enable you to voluntarily participate in these features in the Services.

12. Submitted Materials

Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by Mommy’s Bliss should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.

Unless specifically requested, Mommy’s Bliss does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email or forms made available on the Site). You remain fully responsible for the materials or submissions that you provide to us, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques, or demos in any media including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Site or via our social media (“Submitted Material”). Accordingly, if you send us any Submitted Material, you grant Mommy’s Bliss a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send Mommy’s Bliss any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Mommy’s Bliss any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Mommy’s Bliss to use Submitted Material as permitted by the license in this Section.

From time to time, Mommy’s Bliss may request permission to repost or use photos, videos, reviews, testimonials, or other content that you share with us through social media, email, or other communications (“User Content”). If you provide such permission, you grant Mommy’s Bliss a non-exclusive, royalty-free, worldwide license to use, reproduce, display, publish, and distribute that User Content in connection with our marketing, promotional, and business purposes, including on our website, social media channels, and email communications. You represent and warrant that you have all rights necessary to grant this permission and that such use will not violate the rights of any third party.

We may pull content from our users who share photos and videos on social media via direct message or by using our brand hashtags or tagging our social media accounts (collectively, “Photos”). You acknowledge and agree that the Photos may be used in our social media, emails/SMS and on the Site and App, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.

You agree not to provide Submitted Material that:

  • Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
  • Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
  • Violates a third party’s right to privacy or publicity;
  • Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;
  • Contains epithets or other language or material intended to intimidate or incite violence;
  • Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
  • Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
  • Violates any applicable local, state, national or international law, or advocates illegal activity.

    • Since Mommy’s Bliss does not control the Submitted Material, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will Mommy’s Bliss be liable in any way for Submitted Material made available through the Site or social media by you or any third party. We reserve the right to remove or restrict access to Submitted Material that we believe violates applicable law, third-party rights, platform policies, or these Terms. Testimonials and user experiences reflect individual results and are not guarantees of typical outcomes.

    13. Intellectual Property

    This Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site, Mommy’s Bliss or its third-party licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with Mommy’s Bliss.

    Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the Site unless and until Mommy’s Bliss gives you notice that you must discontinue linking to the Site. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Content, including the Company name and logo, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from the Site. The use of Content from the Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Mommy’s Bliss’s prior written approval.

    You may not use any Content from the Site for training artificial intelligence systems, machine learning models, or similar technologies without Mommy’s Bliss’s prior written consent.

    For permission to use Content from the Site or from marketing material authored and distributed by Mommy’s Bliss, you must request written permission in advance and provide full attribution. Permission should be requested by contacting customerservice@mommysbliss.com.

    14. Claims of Infringement

    Mommy’s Bliss respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Mommy’s Bliss will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Mommy’s Bliss will disable and/or remove access to Content and, where appropriate, terminate accounts of users who are repeat infringers.

    If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Mommy’s Bliss’s Copyright Agent the following information:

    DMCA Notice of Alleged Infringement (“Notice”)

    • Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
    • Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
    • Provide your mailing address, telephone number and, if available, email address.
    • Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    • Provide your full legal name and your electronic or physical signature.
    • Deliver this Notice, with all items completed, to Mommy’s Bliss’s Designated Copyright Agent:

    Copyright Agent
    MOM Enterprises, LLC
    1001 Canal Blvd., Suite C
    Richmond, California 94804

    While Mommy’s Bliss considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

    15. Indemnification

    You agree to defend, indemnify, and hold harmless Mommy’s Bliss, its affiliates, related entities, divisions, subsidiaries, or parent companies, and each of their respective officers, directors, employees, contractors, licensors, service providers, and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your Submitted Material, User Content, use of the Site or Services, or use of your account credentials by you or any third party. Mommy’s Bliss reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Mommy’s Bliss in asserting any available defenses.

    16. Reliance on Information Posted; No Medical Advice

    The information provided on the Website is for general informational and educational purposes only. While we strive to provide accurate and up-to-date information, we make no representations or warranties regarding the completeness, accuracy, reliability, or usefulness of any content on the Website. Any reliance you place on such information is strictly at your own risk.

    The Website may include content provided by third parties, including experts, bloggers, or other contributors. All statements and opinions expressed in such content are solely those of the respective author and do not necessarily reflect the views of Mommy’s Bliss. We are not responsible for the accuracy or reliability of third-party content.

    Statements regarding Mommy’s Bliss products have not been evaluated by the U.S. Food and Drug Administration unless expressly stated. Products are not intended to diagnose, treat, cure, or prevent any disease.

    No Medical Advice

    The content on this Website is not intended to constitute, and should not be relied upon as, medical advice, diagnosis, or treatment. Mommy’s Bliss products are not intended to diagnose, treat, cure, or prevent any disease. Always seek the advice of a qualified physician, pediatrician, or other licensed healthcare provider with any questions you may have regarding a medical condition or the use of any product. Never disregard professional medical advice or delay seeking it because of something you have read on this Website. Parents and caregivers are solely responsible for consulting with a healthcare professional before administering any product to a child. Individual results may vary. Developments in medical research may impact the health and nutritional topics discussed on the Website, and we do not guarantee that the information provided reflects the most recent findings.

    Nothing on this Website is intended to substitute for professional medical judgment or guidance tailored to your individual circumstances.

    Your use of the Website does not create a physician-patient, confidential, or fiduciary relationship between you and Mommy’s Bliss.

    17. Disclaimers

    YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE SITE, INCLUDING PRODUCTS PURCHASED THROUGH AUTHORIZED RETAILERS OR RESELLERS, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR ANY RIGHT OF PRIVACY; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR THE SERVICES; (4) WARRANTIES RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR OTHERWISE BY US; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE.

    FURTHER, MOMMY’S BLISS DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

    WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (1) THE SITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (2) THE SITE OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THE SITE OR EMAILS AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

    MOMMY’S BLISS DOES NOT WARRANT THE AVAILABILITY, ACCURACY, OR PERFORMANCE OF THIRD-PARTY RETAILERS, MARKETPLACES, OR DISTRIBUTORS FROM WHICH PRODUCTS MAY BE PURCHASED.

    HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    18. Limitation of Liabilities

    TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL MOMMY’S BLISS (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE SITE OR SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF MOMMY’S BLISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT WILL MOMMY’S BLISS’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED FIVE HUNDRED U.S. DOLLARS ($500.00) OR THE AMOUNT YOU HAVE PAID FOR THE APPLICABLE PRODUCT IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE. FOR CLARITY, MOMMY’S BLISS IS NOT LIABLE FOR ANY CLAIMS ARISING FROM PRODUCTS PURCHASED FROM THIRD-PARTY RETAILERS OR RESELLERS EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW.

    BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOMMY’S BLISS DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.

    The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products purchased through authorized retailers or resellers linked from the Site.

    19. Release

    If you have a dispute with us or one or more users of the Site or the Services, you release Mommy’s Bliss (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

    You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

    20. Statute of Limitations

    ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    21. Termination

    Mommy’s Bliss reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site, Content, or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms by discontinuing your use of the Services and access to the Site. Mommy’s Bliss also reserves the right, in its sole discretion, to cease providing the Site or Services at any time.

    22. Severability

    If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.

    23. Applicable Law; Jurisdiction/Venue

    These Terms will be governed by the laws of the State of California, as applicable, without resort to any conflict of laws provisions. By using the Site, you waive any claims that may arise under the laws of other countries or territories.

    Any arbitration or court proceeding will take place in San Francisco County, California or any United States District Court located in San Francisco County, California, and you hereby consent to the exclusive jurisdiction and venue of the state or federal courts in San Francisco County, California. You irrevocably submit and consent to the personal jurisdiction of such courts.

    24. Dispute Resolution; Class Action and Jury Trial Waiver

    With respect to any and all disputes arising out of or in connection with the Site, Services, or these Terms (including, without limitation, the Privacy Policy), Mommy’s Bliss and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. You must provide a written demand and identify the dispute and the resolution you are seeking. If you and Mommy’s Bliss do not resolve any dispute by informal negotiation within 60 days of your written notice, then either of the parties may, by notice to the other, demand mediation under the supervision of JAMS (“JAMS”) in San Francisco, California. If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of JAMS before a single arbitrator in San Francisco, California. The arbitration may be conducted in person or remotely. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be assessed in a different way, and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously. Both you and Mommy’s Bliss understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

    Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Mommy’s Bliss will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

    Administrative Coordination of Related Individual Arbitrations. Notwithstanding the class-action waiver above, if multiple individual arbitration demands are filed that involve materially similar or overlapping facts or legal issues and are submitted by the same counsel or coordinated counsel, either party may request that JAMS or the arbitrator implement administrative coordination procedures to promote efficiency. Such procedures may include: (1) assignment of related matters to the same arbitrator; (2) coordinated or consolidated scheduling, discovery, or motion practice; (3) joint resolution of common issues of law or fact; and (4) any other procedures permitted under California law and the JAMS Rules that reduce duplication while preserving the individual nature of each claim.

    Bellwether Process. If ten (10) or more similar arbitration demands are filed by the same counsel or coordinated counsel, the arbitrator may direct that a reasonable number of individual cases proceed first as bellwether matters, with the remaining cases stayed pending those outcomes and any associated filing or administrative fees deferred until the stay is lifted.

    These procedures are solely for administrative efficiency and do not authorize class, collective, representative, or aggregated proceedings; each claim must remain an individual arbitration.

    No arbitration may be conducted as a class, collective, representative, or aggregated proceeding, and no arbitration will be combined with another for purposes of adjudicating the merits of multiple claims together without the prior written consent of all parties. For clarity, this does not restrict the administrative coordination procedures described above.

    To the extent permitted by law, any claim or dispute under this agreement must be filed within one (1) year after the claim accrues, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

    You agree that Mommy’s Bliss is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and Mommy’s Bliss understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Dispute Resolution; Class Action and Jury Trial Waiver section survives termination of these Terms and your use of the Site or Services. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

    25. General

    You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Mommy’s Bliss may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to these Terms.

    Mommy’s Bliss will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, internet failures, labor disputes, governmental actions, or failures of third-party service providers. Nothing in this Agreement constitutes a partnership or joint venture between you and Mommy’s Bliss. Mommy’s Bliss does not guarantee continuous, uninterrupted or secure access to this Site or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. Company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

    These Terms set forth the entire understanding and agreement between you and Mommy’s Bliss with respect to the subject matter hereof. The following sections survive any termination or expiration of this Agreement: Submitted Materials; Intellectual Property; Indemnification; Disclaimers; Reliance on Information Posted; No Medical Advice; Limitation of Liabilities; Release; Severability; Applicable Law; Jurisdiction; Dispute Resolution; Class Action and Jury Trial Waiver; and General. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.

    26. ADA Compliance Comments and Suggestions

    We are committed to making the website’s content accessible for all. We use third-party software to support (accessiBe) for web accessibility features, which includes user-controlled settings for changing contrast and saturation, highlighting links, making text bigger, changing text spacing, pausing animations, hiding images, changing text fonts, and other settings. We hope these tools will make the content on our website more readily accessible to all users. We know that sometimes accessibility links or codes may get broken and/or not function properly. If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us using the information in the Contact Us section below with “Website Access” in the subject line and provide a description of the feature you feel is not fully accessible or give us a suggestion for improvement. We take all such feedback seriously and will consider it as we evaluate ways to accommodate all our customers, consistent with applicable accessibility laws and guidance.

    27. Contact Us

    If you have questions about these Terms, the Site, or the Services, you may contact us as follows:

    MOM Enterprises, LLC
    1001 Canal Blvd., Suite C
    Richmond, California 94804

    Email: customerservice@mommysbliss.com

    Phone: 1-877-457-4955