Terms and Conditions

Pre-Born Prodigy, LLC, Terms and Conditions

The following terms and conditions govern your “use” of the website at www.prebornprodigy.com (“Website”) operated by Pre-Born Prodigy , LLC (“Pre-Born Prodigy”) and the purchase of any product(s), including but not limited to Pre-Born Prodigy educational materials (“Product”), and/or download and use of the Pre-Born Prodigy educational content, including, but not limited to, digital audio recordings (“Content”):

BY USING THE WEBSITE, PURCHASING PRODUCT, AND/OR DOWNLOADING CONTENT, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH PRE-BORN PRODIGY THAT IS VALID AND ENFORCEABLE UNDER A VARIETY OF STATE AND/OR FEDERAL STATUTES AND THE COMMON LAW, INCLUDING BUT NOT LIMITED TO, THE UNIFORM ELECTRONIC TRANSACTIONS ACT.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE, PURCHASE PRODUCT, OR DOWNLOAD CONTENT. Should you object to any term or condition, or any subsequent modifications or become dissatisfied with the Product, Content, and/or Website in any way, your only recourse is to immediately discontinue use of the Product, Content, and/or Website. Pre-Born Prodigy has the right, but is not obligated, to strictly enforce any term or condition through self-help, active investigation, litigation and prosecution.

  1. Limited License

Subject to payment of the required fee(s) and compliance with these terms and conditions you are granted a nonexclusive, nontransferable, limited license to download and use the Content so long as you comply with these terms and conditions.

This license is not a sale of the Content. You acquire no proprietary interest in the Content. Only individuals authorized by Pre-Born Prodigy may download and/or use the Content.

You agree not to download, copy or use the Product and/or Content except as expressly permitted by these terms and conditions. You shall not transfer, sublicense, rent, lease or lend the Product and/or Content to any third party. You shall not modify, reverse engineer, create derivate works, disassemble or decompile the Product and/or Content without the express, written permission of Pre-Born Prodigy.

  1. Updates

Pre-Born Prodigy may from time to time, but is not obligated to, issue updates, modifications or upgrades to the Website and may do so with automatic electronic updates. You consent to such automatic updates and agree that these terms and conditions apply to such updates.

 

  1. Incorporation of Other Documents

The Pre-Born Prodigy Privacy Policy is incorporated into these terms and conditions as if set forth fully herein. Your use of the Website, Product, and Content is subject to these additional terms. Other provisions that govern your use of the Website, Product, and/or Content may be set forth in other documents, terms, conditions and policies, all of which are incorporated by reference into these general terms and conditions, including but not limited to, Shipping Charges, Return & Refund Policies, International Orders, Sales Tax and Passwords.

  1. User Name and Password

 

The Website does not require users to set up an account. You may set up an account with Shopify to purchase Product and/or Content through the Website. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

If you set up an account with Shopify, your account will be subject to Shopify’s terms of use and privacy policy in addition to these Terms and Conditions and other documents listed in Section 3.

  1. Payment

Pre-Born Prodigy does not sell Product, Content, or services to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.

By entering into this transaction, you agree to pay in full the purchase price, license fees, shipping and/or other charges, and all taxes applicable to this transaction. YOU AUTHORIZE, AND GRANT PERMISSION TO, PRE-BORN PRODIGY, THROUGH ITS THIRD-PARTY PAYMENT SERVICE, TO BILL YOUR CREDIT CARD. Credit card payments are currently handled through Shopify.com. Their terms of use can be found by clicking here. Any change in third-party payment service will be posted on the Website.

Prices do not include tax. In the event that any federal, state, or local taxes are imposed on the sale of the Product, such taxes shall be assumed and paid by you.

Prices of the Product and/or Content are subject to change without notice. Pre-Born Prodigy reserves the right at any time to modify or discontinue the Product, Content, and/or Website (or any part or content thereof) without notice at any time. Pre-Born Prodigy shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Product, Content, and/or Website.

All sales are subject to availability and we reserve the right to limit quantities and to discontinue Product and/or Content, even if you have already placed your order. The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.

Failure to pay for any Product or Content purchased on the Website, for any reason, may result in legal action against you. In addition to such other remedies as it may have, Pre-Born Prodigy shall be relieved of its obligation to provide the Product or Content and the full amount due shall immediately become due and payable by you. You must also reimburse Pre-Born Prodigy for all expenses incurred in connection with the collection of amounts payable, including court costs and attorneys’ fees.

 

By purchasing Product or Content, you represent and warrant to Pre-Born Prodigy that (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under these terms and conditions; (ii) you shall comply with all terms and conditions set forth herein; (iii) you have provided accurate and complete information, including, without limitation, our legal name, address, telephone number and credit card information; and (iv) you are an authorized user of the credit card used for this transaction.

 

  1. Intellectual Property Rights

© 2014 Pre-Born Prodigy, LLC. All rights reserved. All right, title, and interest, including all patents, copyrights, trademarks, trade secrets and confidential information and other intellectual property rights (the “Rights”), in the Product, Content, and Website (in both print and machine-readable forms) belong to Pre-Born Prodigy. You shall not in any manner violate or attempt to impair the Rights of Pre-Born Prodigy in the Product, Content, and Website. Unless otherwise noted, other Pre-Born Prodigy graphics, logos, designs, page headers, button icons, scripts, and names may be registered trademarks, trademarks, trade dress, and/or copyrights of Pre-Born Prodigy in the U.S. and/or other countries. Pre-Born Prodigy’s trademarks, trade dress, and copyrights may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

PREBORN PRODIGY BLESSING CHILDREN FROM THE WOMB AND BEYOND (Serial No. 86/642,252) is a pending U.S. trademark application of Pre-Born Prodigy. The Product and Content are the subjects of pending copyright applications.

You agree that any breach of these terms and conditions would cause Pre-Born Prodigy irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Pre-Born Prodigy may be entitled, you agree that Pre-Born Prodigy may seek injunctive relief to prevent the actual, threatened or continued breach of this agreement. Any breach of these terms and conditions shall result in immediate termination of the license provided for herein.

  1. External Links and Trademarks

            The Website may contain links to external third-party websites. By providing links to other sites, Pre-Born Prodigy does not guarantee, approve, or endorse the information, product, and/or service available at these sites, nor does a link or advertising indicate any association with, or endorsement by, the linked site to the Pre-Born Prodigy website.

 

Suppliers and advertisers may have trademarks that are shown on the Website. These trademarks are property of their respective owners. You acquire no rights in such content.

  1. User Data

 

You can post comments and write reviews on the Website. In order to make your comments and reviews useful and interesting, the following guidelines have been established:

  • Post material that is relevant to users of the Website.
  • Do not post threatening, harassing, defamatory or libelous material.
  • Do not make false or misleading statements.
  • Do not offer to sell or buy any product or service.
  • Do not post material that infringes copyright, patent, trademark or intellectual property rights of another.
  • Do not post information that is confidential or sensitive or otherwise in breach of the law.
  • Do not post material that is obscene, distasteful, vulgar, or contains any pornography as determined in our sole discretion.
  • Do not post material that is otherwise objectionable.

Pre-Born Prodigy will not accept responsibility for information posted in the reviews and comments. It is not Pre-Born Prodigy’s policy to delete reviews and comments; however, Pre-Born Prodigy reserves the right to remove reviews and comments or not post reviews and comments entirely at its discretion. Please note that once you post a review or comment, it becomes part of the public conversation.

You agree to allow Pre-Born Prodigy to store or re-format your reviews or comments on Pre-Born Prodigy and display your reviews or comments on Pre-Born Prodigy in any way as Pre-Born Prodigy chooses.

You represent and warrant that: (i) you are the sole owner and author of the review or comment; (ii) no part of the review or comment has been previously published; (iii) the review or comment is entirely original (except where legally effective permissions have been obtained); (iv) the review or comment does not infringe the copyright in any other work; (v) the review or comment does not violate the rights to privacy or publicity of any person; and (vi) the review or comment does not constitute defamation or libel against any person or entity.

  1. Termination

 

Pre-Born Prodigy reserves the right to terminate this Agreement at any time and for any reason including, but not limited to, breach or suspected breach of any of these terms and conditions. Upon termination by Pre-Born Prodigy, you must immediately cease using the Website, Product, and/or Content. You may also terminate this Agreement at any time by ceasing use of the Product and/or Content. Pre-Born Prodigy may also suspend or discontinue the Product and/or Content without notice.

The Limited license, Payment, Intellectual Property Rights, User Data, Disclaimer of Warranties, Limitation of Liability, Indemnity, Export Restrictions, Governing Law and Venue, No Waiver, No Assignment, and Severability sections shall survive any termination of your use of the Product, Content and/or Website, or expiration of this Agreement.

Notwithstanding Pre-Born Prodigy’s termination rights, Pre-Born Prodigy may also establish limits concerning use of the Website, Product, and/or Content, including the maximum number and size of comments, reviews, postings, messages, or other content that may be transmitted or stored by the site, and the frequency with which you may access the Product, Content, and/or Website.

  1. DISCLAIMER OF WARRANTIES

THE WEBSITE, PRODUCT, AND/OR CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PRE-BORN PRODIGY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, PRODUCT, AND/OR CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PRE-BORN PRODIGY DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE, PRODUCT, AND/OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. PRE-BORN PRODIGY SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, VIRUSES, DELAYS OR INTERRUPTIONS IN THE WEBSITE, PRODUCT, AND/OR CONTENT CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF PRE-BORN PRODIGY. YOU HEREBY ACKNOWLEDGE THAT THE WEBSITE, PRODUCT, AND/OR CONTENT MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE WEBSITE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF PRE-BORN PRODIGY.

PRE-BORN PRODIGY ATTEMPTS TO BE AS ACCURATE AS POSSIBLE AND ELIMINATE ERRORS ON THE WEBSITE; HOWEVER, PRE-BORN PRODIGY DOES NOT WARRANT THAT ANY PRODUCT, CONTENT, SERVICE, DESCRIPTION, PHOTOGRAPH, PRICING OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IN THE EVENT OF AN ERROR, WHETHER ON THE WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING AN ORDER, DELIVERING A PRODUCT OR CONTENT OR SERVICE OR OTHERWISE, PRE-BORN PRODIGY RESERVES THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY IF NECESSARY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL THE ORDER AND REFUND ANY AMOUNT CHARGED.

UNLESS PRE-BORN PRODIGY IS THE SHIPPING PARTY, PRE-BORN PRODIGY SHALL HAVE NO LIABILITY FOR ANY DAMAGE, DELAY OR FAILURE TO SHIP OR DELIVER PRODUCT. PRE-BORN PRODIGY’S RESPONSIBILITY FOR PRODUCT, IF ANY, SHALL TERMINATE WHEN PRODUCT IS DELIVERED TO A SHIPPING AGENT AND YOU AGREE TO LOOK TO SUCH ENTITY FOR ANY DAMAGES SUSTAINED IN SHIPPING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL PRE-BORN PRODIGY AND (AS APPLICABLE) PRE-BORN PRODIGY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, ATTORNEYS FEES OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS LIABILITY LIMIT APPLIES EVEN IF PRE-BORN PRODIGY OR A THIRD-PARTY ACTED NEGLIGENTLY.

PRE-BORN PRODIGY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PRE-BORN PRODIGY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) YOUR ACTUAL DIRECT DAMAGES; (B) THE AMOUNT OF FEES YOU PAID TO PRE-BORN PRODIGY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, (C) REPLACEMENT OF THE PRODUCT OR CONTENT OR THE AMOUNT PAID, IN OUR DISCRETION, AND (D) $100. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST PRE-BORN PRODIGY. PRE-BORN PRODIGY AND (AS APPLICABLE) PRE-BORN PRODIGY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, AND ATTORNEYS’ FEES). THIS LIABILITY LIMIT APPLIES EVEN IF PRE-BORN PRODIGY OR A THIRD-PARTY ACTED NEGLIGENTLY. PRE-BORN PRODIGY WILL BE FURTHER ENTITLED TO THE FULL BENEFIT OF ANY LIMITATION OF LIABILITY OF A THIRD-PARTY WHO IS JOINTLY LIABLE TO YOU. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST PRE-BORN PRODIGY.

  1. INDEMNITY

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PRE-BORN PRODIGY AND (AS APPLICABLE) PRE-BORN PRODIGY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR USE OF THE WEBSITE, PRODUCT, AND/OR CONTENT; (B) BREACH OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE; (C) PRODUCT, CONTENT, AND/OR WEBSITE MISUSE; (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (E) ANY CONTENT YOU POST, UPLOAD, STORE OR OTHERWISE TRANSMIT THROUGH THE WEBSITE; (F) ANY FEEDBACK YOU PROVIDE; OR (G) YOUR CONDUCT IN CONNECTION WITH THE PRODUCT, CONTENT, AND/OR WEBSITE.

  1. Export Restrictions

 

The export and re-export of the Product and Content is controlled by the United States Export Administration Regulations and such Product and Content may not be exported or re-exported to any country which the United States embargoes goods. In addition, the Product and Content may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

  1. GOVERNING LAW AND VENUE

THESE TERMS AND CONDITIONS ARE DEEMED TO BE MADE AND EXECUTED IN HUTCHINSON COUNTY, TEXAS, AND SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF CONFLICTS OF LAWS PROVISIONS.

THE EXCLUSIVE FORUM FOR ANY SUITS, CLAIMS, OR CAUSES OF ACTION ARISING DIRECTLY OR INDIRECTLY FROM THESE TERMS AND CONDITIONS SHALL BE A COURT HAVING COMPETENT JURISDICTION IN HUTCHINSON COUNTY, TEXAS, AND THE PARTIES HEREBY CONSENT TO JURISDICTION FOR SUCH PURPOSES.

  1. No Waiver

 

The failure of Pre-Born Prodigy to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

  1. No Assignment

These terms and conditions may not be assigned or transferred by you.

  1. Severability

If any provision of these terms and conditions shall be deemed unlawful or unenforceable then that provision shall be deemed severable from these terms and conditions and such severed provision shall not affect the validity and enforceability of the remaining provisions.

  1. Changes to These Terms

These terms and conditions may be changed by Pre-Born Prodigy immediately upon notice. Continued use of the Product, Content, and/or Website following any change constitutes acceptance of the change.