TERMS OF USE

OVERVIEW 

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

These Terms are effective as of August 15, 2022.

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://shop.whynotmom.com (the “Site”) as well as our payment processing landing page via PayHip located at “payhip.com/magneticmediaformakers”. 

Personal information we collect 

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. 

We collect Device Information using the following technologies: 

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. 

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. 

- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site. 

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information”. 

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information. 

How do we use your personal information? 

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmation). Additionally, we use this Order Information to: 

• Communicate with you; 
• Screen our orders for potential risk or fraud; and 
• When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. 
• To provide the products available on our Site to you;
• To contact you for your views on our services and to notify you occasionally about important changes to our Terms of Use or this Policy or developments to this Site or our services; and

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). 

PAYMENTS

We accept payments through Stripe. When processing payments, some of your data will be passed to Stripe, including information required to process or support the payment, such as the purchase total and billing information.

Please see the Stripe Privacy Policy for more details.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Sharing you personal Information 

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/.

You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout

We also use Payhip for our landing page provider and as our course library for our membership for users to access our content. This does require our members to create an account with Payhip to access that content. That data may be stored through Payhip as well. See the Payhip privacy policy and how they handle your date here. https://payhip.com/privacy 

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. 

Behavioral advertising 

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. 

You can opt out of targeted advertising by using the links below: 

- Facebook: https://www.facebook.com/settings/?tab=ads 

- Google: https://www.google.com/settings/ads/anonymous 

- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/. 

Do not track 

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. 

YOUR RIGHTS 

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. 

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States. 

For any Europeans using the site, the data that we collect from you may be transferred to and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or contractors. Territories outside of the EEA may not have equivalent legal protections to those that apply within the EEA but we are under a duty to make sure that our suppliers and contractors located outside of the EEA continue to take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy. By submitting your personal data to us, you agree to this transfer, storing or processing.

You have the right to use our Site without consenting to marketing and communication services that we provide. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. We always use the most recently submitted form to be your current consent status. If you are a registered user, but not signed in when you submit a form, we will not be able to use your saved settings so will deem your consent choice to be as per the form you submit at the time. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at https://whynotmom.com/contact-us/ or info{ at }whynotmom.com

You have the right to ask us not to process your personal data at any time.*

You have the right to ask us, at any time, to show you what data we’ve collected.

You have the right to fix any data we have that is incomplete or wrong.

The Data Protection Act 1998 (DPA) and the GDPR (in Europe) gives you the right to access information held about you. Your right of access can be exercised in accordance with the DPA and GDPR.

*Asking us to not process your data does require us to delete your data, which is legally considered processing your data. So we will respectfully inform you that we’d have to do that one thing.

Data retention 

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. 

Changes 

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. 

CONTENT MANAGEMENT

All contents of this Site are: ©2020 Why Not Mom LLC. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, excerpts from a book, photographs, buttons, images, video, and graphics, and the entire selection, coordination, arrangement and "look and feel" of this Site and the content are copyrighted as a collective work under United States copyright laws (collectively, the "Content").

Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from this Site, in whole or in part, without the express permission of Why Not Mom.

Reproduction, distribution, republication, and/or retransmission of material contained within this website are prohibited without prior written consent of Why Not Mom LLC. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Why Not Mom LLC intellectual property rights.

All content provided on this Why Not Mom LLC shop is for informational purposes only. The owner of this shop makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site.

Why Not Mom LLC and its owner, will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

EMBEDDED CONTENT FROM OTHER WEBSITES

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

MEDICAL ADVICE

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare providers. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare providers. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

The information and materials made available on this website have been prepared by Why Not Mom LLC for general informational purposes only and should not be construed as medical advice on any subject matter or to answer specific medical problems you may have. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor licensed in the recipient’s state. The content of this website contains general information and may not reflect current medical developments. Why Not Mom LLC expressly disclaims all liability in respect to actions taken or not taken, based on any or all the contents of this website.

While we try to ensure the accuracy of the information on this website, we cannot guarantee that all of the information is accurate or complete. You should be aware that medicine is constantly changing and varies by circumstance. Therefore, information on a given medical or medical issue may not be current or applicable to your particular situation. You should not act or refrain from acting upon this information without seeking the advice of a professional doctor in your geographical area. Viewing and use of any of the information on this site does not create an attorney-client relationship between you and Why Not Mom.

CHILDREN ONLINE PRIVACY PROTECTION ACT

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any payments through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at https://whynotmom.com/contact-us/   or you can reach us at info{ at }whynotmom.com

We are committed to complying with the Children’s Online Privacy Protection Act (COPPA). Schools and parents should supervise their children’s online activities and consider the use of other means to provide a child-friendly, online environment. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at https://ftc.gov.

If you are living in the EU and are under the age of 13, it is required by law that you obtain consent from your parents before subscribing to an email list. We do not target, cater or provide products or services for 13 years and under and thus do not have a parental approval process.

EXTERNAL LINKS

As a convenience to you, Why Not Mom LLC may provide links to websites and access to content, products and services of third parties, including without limitation, Why Not Mom LLC affiliates and strategic partners and other entities ("Linked Sites"). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them. Some of those links contain trackable cookies, which means that website owner will know that their website has shown up in your website browser more than once. And they may know that you visited this website before you visited their website.

Why Not Mom does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Why Not Mom or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.

DMCA PROVISIONS

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).

The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them may submit a Counter Notice to the website owner and/or the ISP.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Please send DMCA notifications of claimed copyright infringement to:

Tonia L. Clark

C/O Why Not Mom

5534 Saint Joe Road

Fort Wayne, In 46835

DATA COLLECTED IN OUR STORE

We collect information about you during the checkout process in our store.

What we collect and store

While you visit our site, we’ll track:

• Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
• Location, IP address and browser type: we’ll use this for purposes like, estimating taxes and shipping
• Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!

We’ll also use cookies to keep track of cart contents while you’re browsing our site.

When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:

• Send you information about your account and order
• Respond to your requests, including refunds and complaints
• Process payments and prevent fraud
• Set up your account for our store
• Comply with any legal obligations we have, such as calculating taxes
• Improve our store offerings
• Send you marketing messages, if you choose to receive them
• If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.

We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for 7 years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.

We will also store comments or reviews if you choose to leave them.

You can opt out of marketing and other communications at any time by contacting us here or info { at } whynotmom.com. 

How do we protect your data?

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

We follow strict security procedures to ensure that your personal information is not damaged, destroyed or disclosed to a third party without your permission and to prevent unauthorized access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. If we are working with third parties, we will require them to have in place similar measures to protect your information. If for any reason beyond our control our data and thereby yours is breached; we will do everything we can to contact you and make you aware of the situation.

WHO ON OUR TEAM HAS ACCESS

Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:

• Order information like what was purchased, when it was purchased and where it should be sent, and
• Customer information like your name, email address, and billing and shipping information.
• Our team members have access to this information to help fulfill orders, process refunds and support you.

WHAT WE SHARE WITH OTHERS

We share information with third parties who help us provide our orders and store services to you; for example;  if we host a giveaway, we provide the sponsor of the prize the winner's name and address to ship the prize to. We rarely give said sponsor the winner's email address unless necessary to facilitate the prize. In addition, the contest entrant's emails are only given to the sponsor with an acknowledgment given in the terms and conditions of the contest that each entrant must agree too before entering said contest. When we use a giveaway service, they may also store entrants information on their own databases and entrant is made aware of this with each giveaway. Why Not Mom is not responsible for how that information is handled by the giveaway service provider.

LIMITATIONS OF LIABILITY

Why Not Mom will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• [to the extent that the website is provided free-of-charge, for any direct loss;]
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

IN NO EVENT SHALL Why Not Mom BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, exemplary, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF Why Not Mom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the generality of the foregoing, under no circumstances shall Why Not Mom or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if advised of the possibility of such damages) that result from (a) any delay, failure, interruption or corruption of this Site or any data or information transmitted in connection with the use of this Site; (b) personal injury or death caused by your use or misuse of this Site; (c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this Site; (d) unauthorized access to or alteration of your transmissions or data; and (e) any other matter relating to our Site. You hereby acknowledge that this paragraph shall apply to all nutraceuticals, products, and services available through this Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Notwithstanding the above, Why Not Mom sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.

In accordance with the 1996 Communications and Decency Act, Section 230, we are also not liable for comments user of this website leave as comments. While we will certainly delete comments that don’t adhere to our personal standards, if someone claims you are a car thief, you have to sue them not us.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

GOVERNING LAW

Use of this Site is governed by Indiana state law. Any claim related to the Site and any product purchased through this Site shall be brought in a federal or state court within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site.

ACKNOWLEDGEMENT

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

CHANGES TO OUR PRIVACY POLICY AND TERMS OF USE

Why Not Mom may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site.

Why Not Mom also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Why Not Mom may also impose limits on certain features, services or this entire site without notice or liability. You acknowledge and agree that Why Not Mom will not be liable to you or any third party in the event that Why Not Mom exercises its right to modify or terminate access to this Site or portions of this Site.

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Price and availability information on this Site are subject to change without notice.

Contact us 

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at info{ at }whynotmom.com or by mail using the details provided below: 

Why Not Mom LLC 

[Re: Privacy Compliance Officer] 

Why Not Mom, 5534 Saint Joe Road, Fort Wayne, In 46835, United States