Terms and Conditions

 

This Terms and Conditions of Use Agreement (the “Agreement”) is between You, the user, Mama Care Complete LLC. The Mama Care Complete brand is comprised of a website, associated widgets, livestreams, social media platforms, mobile applications and other distribution platforms (the “Sites”) operated by Mama Care Complete.

ACCEPTANCE OF TERMS:  Your use of the Sites and Services, as defined below, constitutes your agreement to all such terms, conditions, and notices. The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. The services provided by the Sites (the “Services”) are made available for your personal, non-commercial use only. If You want to make commercial use of our Services, You must enter into an agreement and do so in advance. Please contact us for more information. 

SERVICES: Mama Care Complete is an online platform offering strength classes, Pilates classes, and meal plan support that includes live, in-person classes, and streaming online live and pre-recorded workouts (individually and collectively, the “Workouts”). The online Workouts can be accessed via your paid membership portal. Membership may be purchased as a monthly, quarterly, or annual subscription. 

PAYMENTS: Payments made on the Sites are processed by third-party payment processor, Stripe, which is integrated through Kajabi. You may choose to a store credit card on file within your accounts on each platform for: (1) incidental charges relating to your use of the Sites, (2) ease of transaction, and/or (3) auto-debit for monthly Workout membership which does require a credit card on file. In such event that an incidental charge needs to be made, the cardholder and account holder gives permission to Mama Care Complete  to charge the card on file for purchases made through the Site. Additionally, the cardholder and account holder may give permission to Mama Care Complete to charge the card for auto-debit memberships. 

AUTO-DEBIT: By enrolling in an auto-debit contract via a monthly Workout membership you authorize Mama Care Complete to, on a recurring basis, automatically charge the debit or credit card stored in your account for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Mama Care Complete will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Mama Care Complete may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) if you are booked for a session past the subsequent billing date, and your debit/credit card fails to bill properly, that you may be removed from any sessions past the subsequent billing date and notified via electronic mail; (3) it is your responsibility to keep a current card on file with accurate billing information. Mama Care Complete cannot be held responsible for errors in processing due to expired or inaccurate information.

Order Processing

If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment; otherwise the Mama Care Complete Product or Services will not continue and we reserve the right to cease your access immediately and permanently. If you fail to make payment in a timely manner in accordance with these Terms and we do not elect to terminate your order, you still will remain fully responsible for the full cost of the Mama Care Complete Products or Services.

Simply stated: You can pay by credit or debit card. If your payment doesn’t go through, we can terminate your access or hold you responsible for full payment.

Product and Service Descriptions, Price and Other Information

We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our Site are correct and fairly described. However, when ordering products or services through the Site, please note that:

1. Mama Care Complete reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
2. Mama Care Complete reserves the right to refuse or discontinue the supply of any Mama Care Complete Product or Service to any customer, or change, suspend or discontinue any aspect of the Site at any time in our sole and absolute discretion; and
3. All prices are displayed in United States Dollars unless expressly indicated otherwise.

 

Simply stated: We do our best to keep our product descriptions current and accurate, but we’re allowed to change them.

Taxes

All purchases are subject to applicable sales and/or other taxes, which will be applied to your order total. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. In consideration of our allowing you access to the use of the Mama Care Complete Products and Services, and in collecting and remitting taxes required on your purchases, you waive your right to claim that the tax collected on any purchase is incorrect in any respect and you agree to hold us, our officers, directors, employees, agents and representatives, harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred as a result of our error in calculating the taxes you owe for your purchases.

Simply stated: When required, we add sales tax to your order. You have to pay those taxes.

Refund Policy

CANCELLATION POLICY

Your satisfaction with Mama Care Complete is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating this product, we do not offer refunds. We give the 7 day free trial for this reason. By using and/or purchasing any of our Mama Care Complete, you understand and agree that all sales are final.

Since we have a clear and explicit No Refund Policy, we do not tolerate or accept any threatened or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to credit reporting agencies. 

Simply stated:  All sales are final. 

DELIVERY OF DIGITAL PRODUCTS AND SERVICES: After purchasing a Workout or Service you may access the online Workouts via the members-only login of the Website. From there You may access the on-demand library and classes. 

USE OF THE SERVICE: You acknowledge that your participation in the Workouts may present certain risks, and You hereby assume any and all risks associated therewith, including, without limitation, the risk of physical injury, bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below). You hereby agree to voluntarily accept and assume any and all such risks, known and unknown, in association with your participation in the Workouts and Sites, including those described in the Liability Waiver.

Disclaimers; Limitations of Liability; Indemnity

Any individual results using Mama Care Complete services may vary.

WE MAKE NO WARRANTIES AS TO OUR PRODUCTS OR SERVICES. YOU AGREE THAT THE Mama Care Complete services ARE PROVIDED AS-IS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CES PRODUCTS AND SERVICES WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF CES PRODUCTS OR SERVICES OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Mama Care Complete Products and Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Mama Care Complete Product or Service participant or user, including you.

You acknowledge that we have not and do not make any representations as to the health, physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in a Mama Care Complete Product or Service. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of the Mama Care Complete Products and Services, and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Mama Care Complete Products and Services. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

We try to ensure that the availability and delivery of the Mama Care Complete Products and Services is uninterrupted and error-free, including our Content and communications through methods like the Site, member forums, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable MP3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. We cannot guarantee, however, that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Mama Care Complete Products or Services become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Mama Care Complete Products or Services inaccessible to you.

We take every precaution to protect the Mama Care Complete Products and Services. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Mama Care Complete Products and Services or the contributions or information transmitted to us on or through the Site or the Mama Care Complete Products and Services. Submitting contributions or information on or through the Mama Care Complete Products and Services is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of the Mama Care Complete Products and Services and you agree that you are assuming such risks.

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in Mama Care Complete Products and Services. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our Content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

When you apply for, enroll in, purchase or Mama Care Complete Products or Services, we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”). By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Mama CareComplete Products or Services, we take measures to protect the security of your Confidential Information both online and offline. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk. We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

You agree to defend, indemnify, and hold Mama Care Complete, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Generated Content you post or upload, (c) your use of or reliance on any User Generated Content, (d) your improper use of any Mama Care Complete Products or Services, (e) your violation of any rights of a third party or (f) your violation of these Terms and Conditions.

Simply stated: You agree that we are not liable if our products or services don’t do what you expect or aren’t always available, or if you are harmed while using them. We will do our best to secure confidential information, but we can’t guarantee we’ll never be victimized by hackers and other intruders.

Important Notice About Our Fitness and Nutrition Content

Our Content Does Not Constitute Medical Advice or Other Professional Healthcare Advice.

THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. THE MAMA CARE COMPLETE PRODUCTS AND SERVICES ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. THE PRINTED AND RECORDED CONTENT IS INFORMATIONAL ONLY, AND OUR LIVE INSTRUCTION IS PRESENTED AS PERSONAL TRAINING ONLY – NOT PHYSICAL THERAPY, MEDICAL THERAPY OR PSYCHOLOGICAL THERAPY.

Although Mama Care Complete provides its products and services with your health and safety in mind, each individual has her own limitations, and it is therefore critical that you consult your physician, nurse practitioner, physician’s assistant, therapist, nutritionist, counselor, mental health practitioner, licensed dietitian or nutritionist or any other licensed or registered healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by Mama Care Complete, and obtain appropriate authorization before accessing or using any Mama Care Complete Product or Service, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. We do not diagnose medical or psychological conditions, nor do we determine what therapies are most appropriate for you – you need a licensed medical or psychological professional for that. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site! The information made available on or through the Site and the Mama Care Complete Products and Services should not be relied upon when making medical or other important healthcare decisions. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your doctor or 911 immediately. Mama Care Complete does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Mama Care Complete, Mama Care Complete employees, others appearing on the Site at the invitation of Mama Care Complete, or other visitors to the Site is solely at your own risk. Mama Care Complete DOES NOT PROVIDE CLINICAL SERVICES. ANY INDIVIDUALS CERTIFIED BY Mama Care Complete IN ANY Mama Care Complete PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINCIAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. YOUR USE OF ANY CES PRODUCTS AND SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND Mama Care Complete OR YOU AND ANY PERSON CERTIFIED THROUGH Mama Care Complete.

Simply stated: We’re not your doctor and we’re not your therapist. We don’t diagnose medical conditions or prescribe treatments. You have to follow the advice of your own medical professional, regardless of what you might learn from our content. We only provide educational services.

Assumption of Risk; Liability Limitations

You expressly acknowledge and agree that your access, use and/or involvement with any Mama Care Complete Product or Service, or individuals certified by Mama Care Complete in any Mama Care Complete products or services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, or damage to or loss of property or privacy. You acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Mama Care Complete from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Mama Care Complete Product or Service. You must use your own judgment in using the Mama Care Complete Products and Services and you agree that you are doing so at your own risk.

Simply stated: This is really important: You might get injured when you engage in the activities we cover (just like you might get injured when you go to the gym, or surf, or ride a bike). You acknowledge that all risks cannot be eliminated. You are choosing to engage in an activity you know has a chance of physical injury, and yet you still freely choose to do it. You won’t seek compensation if you get hurt or lose money.

MODIFICATION OF THESE TERMS OF USE: Mama Care Complete LLC reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services.

REGISTRATION INFORMATION: The Sites are not directed at children under eighteen years of age. By providing information about yourself to Mama Care Complete you are representing that you are eighteen years of age or older, or have a parent/guardian’s approval and supervision, and that you, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. 

You also agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mama Care Complete reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.

PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as materials for Program-members only, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. If Mama Care Complete LLC has reasonable grounds to suspect that You have shared your username and password with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, Mama Care Complete has the right to suspend or terminate Your account and refuse all current or future use of the website, without refund. Further, excessive usage of the Sites will be assumed by Mama Care Complete to be fraudulent use, and your account will be immediately canceled without a refund.

HOSTING PLATFORM: Mama Care Complete LLC is hosted on the Kajabi and Stripe platforms, which are responsible for all login/account information and payment transactions. In the event of technical issues with your account Mama Care Complete refers You to their technical support. Mama Care Complete does not have access to your account details. If you would like more information regarding the Stripe Terms and Conditions and/or Privacy Policies, and how they how they collect and store information, we encourage You to visit their respective websites. 

LINKS TO THIRD PARTY WEBSITES: The Sites may contain links to other websites (the “Linked Sites”), such as integrated payment processors or schedulers. The Linked Sites are not under the control of Mama Care Complete, and Mama Care Complete is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mama Care Complete is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mama Care Complete of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE: As a condition of your use of the Sites, You warrant to Mama Care Complete that You will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Mama Care Complete. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.

COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by Mama Care Complete and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and Mama Care Complete may prosecute such misconduct to the fullest extent permitted by law. 

TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Mama Care Complete or a use right has been granted to Mama Care Complete. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of Mama Care Complete, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.

LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAMA CARE COMPLETE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. 

MAMA CARE COMPLETE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAMA CARE COMPLETE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF MAMA CARE COMPLETE FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAMA CARE COMPLETE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAMA CARE COMPLETE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

TERMINATION AND ACCESS RESTRICTION: Mama Care Complete reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.

PRIVACY POLICY: Mama Care Complete respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

GENERAL: To the maximum extent permitted by law, this agreement is governed by the Laws of the State of Texas, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in Harris County, Texas, United States. In all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Texas, County of Harris, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Texas, in the County of Harris.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Mama Care Complete with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mama Care Complete with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Mama Care Complete and its affiliates, successors or assigns.

CONTACT:

Heather Thompson or Clare Samol

Mama Care Complete

[email protected]

www.mamacarecomplete.com