Terms and Conditions of Purchase

Effective as of July 7, 2015

These Offer Terms and Conditions (“Offer Terms”) apply to your purchase of any Nutrimom products or services from the Nutrimom.com website or any other application where Nutrimom products or services are made available for sale or use (the “Site”). As used herein, “Nutrimom” or “we” refers to Danone-Nutricia Early Life Nutrition, Inc. Your use of the Site is subject to our Site’s Terms of Use and Privacy Policy.

You must be at least 18 years of age (or the age of majority in your state of residence) to make a purchase from the Site. We may update or change these Offer Terms at any time with or without notice to you, except that we will not change pricing terms valid at the time of purchase without first notifying you and giving you a reasonable opportunity to cancel your purchase.

IMPORTANT: THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE SITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY OR THE HEALTH OR SAFETY OF YOUR FETUS. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.

1. Nutrimom Products and Services

Nutrimom provides subscription services for infant and maternal nutritional products and coaching services for mothers and mothers-to-be (“Subscriptions”). Depending on the type of Subscription, the term (“Term”) of each Subscription may vary in length from one month, three months, six months and twelve months. Current Subscription offerings are listed on the Site. If you have any questions about a past purchase, please contact Customer Service or refer to your order confirmation materials.

2. Registration and Membership

In order to utilize a Subscription that you have purchased, you must register as a member on our Site. To register, go to http://www.nutrimom.com/subscription-plans and provide your shipping information, billing information, your valid email address and password to create your login profile. All information that you provide to Nutrimom is subject to our Privacy Policy. You are responsible for keeping your registration information up-to-date through the account page on the Site, and for protecting the confidentiality of your account username and password.

We may terminate your membership, without notice, for conduct we believe violates these Offer Terms or our policies, is harmful to our business interests, or for an inactive account.

As a registered user of the Site, you may receive emails promoting special offers, including third party offers. We may also send you our monthly newsletter from time to time. You may opt-out of receiving special promotions or our newsletter by emailing hello@nutrimom.com or by using the unsubscribe link that is provided in the applicable e-mail correspondence.

3. Billing and Payment

BY PURCHASING A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE, AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OR THE EXPIRATION OF THE TERM, WHICHEVER OCCURS EARLIER; PROVIDED, HOWEVER, THAT IF YOUR SUBSCRIPTION HAS A TERM OF ONE MONTH, YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION.

We accept the following credit cards at this time: Visa, MasterCard, American Express, and Discover. Regardless of the length of the Term of your Subscription, your credit card on file will automatically be charged at the time you purchase your Subscription and every thirty (30) days thereafter, until and unless you cancel your Subscription or the Term of your Subscription expires, whichever occurs earlier. Notwithstanding the foregoing, if your Subscription has a term of one month, then your credit card on file will automatically be charged at the time you purchase your Subscription and every thirty days thereafter, until and unless you cancel your Subscription. For your convenience and continuous Subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your credit card account, you authorize us to continue billing that credit card on file until we are notified by you or the credit card company that the account is no longer valid.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Nutrimom the right to store and process your information with the third party payment service; in addition, you agree that Nutrimom will not be responsible for any failures of the third party to adequately protect such information. You acknowledge that we may change the third party payment service at any time and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

You may request to receive written reminders (via email) before your card on file is charged for your next Subscription period. Nutrimom will provide such reminders at least ten (10) days prior to the date of the next charge. To request such reminders, contact us at 1-844-NUTRICIA (1-844-688-7424) or hello@nutrimom.com

4. Shipping Policies

The cost for shipping and handling is calculated and displayed on the checkout page before you complete your purchase. Unless otherwise noted, we will use commercially reasonable efforts to ship your Subscription products/services within a reasonable time after receipt of your properly completed order. Although we may provide delivery or shipment timeframes or dates, you understand that those are our good-faith estimates and may be subject to change. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. We may reject orders where the stated delivery address is outside the United States.

5. Returns

If you receive a product or service that is defective or that is not the product or service you ordered, please contact us at 1-844-NUTRICIA (1-844-688-7424) or hello@nutrimom.com and we will arrange for a replacement. With the exception of the foregoing, we do not accept returns or process refunds for any reason.

6. Cancellation of Subscription

You may cancel your Subscription at any time by using the cancellation function in your member account page on the Site or by contacting us at 1-844-NUTRICIA (1-844-688-7424) or hello@nutrimom.com. In order to avoid any future charges, you must cancel your Subscription before the next shipment date. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO THE NEXT SHIPMENT DATE, YOU WILL BE CHARGED FOR THAT MONTH’S DELIVERY OF PRODUCTS AND SERVICES TO YOU. We do not provide prorated refunds for Subscriptions cancelled in the middle of a billing period.

7. Other Important Information

We may assign, transfer, or sub-contract any of our rights or obligations under these Offer Terms to any third party at our discretion. No delay by us in exercising any right or remedy under these Offer Terms shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed to by us in writing. These Offer Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

8. Contact Us

If you have any questions regarding these Offer Terms, you may contact us at 1-844-NUTRICIA (1-844-688-7424) or hello@nutrimom.com

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