Charmed Beginnings Terms of Service

Last updated: May 1, 2025. Please read these terms and conditions carefully before using our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: United States

Company (referred to as either “the Company”, “Charmed Beginnings”, “We”, “Us” or “Our” in this Agreement) refers to Charmed Beginnings, LLC, 1158 Birchdale Ln., Aurora, Illinois 60504.

Device means any device that can access the Service such as a computer, smart phone, or digital tablet.

Feedback means feedback, comments, or suggestions sent by You regarding the attributes, quality, performance, or features of our Service.

Goods refer to the items offered for sale on the Service, including the contents in any subscription boxes.

Orders mean a request by You to purchase Goods from Us.

Service refers to the Website and the products and services offered on it.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as “Terms”) means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Charmed Beginnings, accessible from www.charmedbeginnings.com.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Charmed Beginnings, LLC. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

·       Goods availability

·       Errors in the description or prices for Goods

·       Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions. Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them, or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession. To request a refund, You must make a request to Us at [email protected]. You must request a refund within thirty days of the date of shipment. Once your refund request is processed, we will email you a return label, at which time you will be required to take the return label and Goods to your local FedEx store and ship them back. We will reimburse You in a commercially reasonable amount of time after We receive the returned Goods. We will use the same means of payment as You used for the Order. You will not be refunded shipping and handling costs or fees, which are non-refundable. You will not have any right to cancel an Order for the supply of any of the following Goods:

·    The supply of Goods made to Your specifications or clearly personalized.

·       The supply of Goods which according to their nature are not suitable to be returned, have been damaged due to misuse, lack of care, mishandling, accident, abuse, or other abnormal use, deteriorate rapidly or where the date of expiration is over.

·       The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

·       The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.

·       The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

·  A subscription box or good contained within a subscription box, which We have already shipped. Further information concerning subscriptions and cancellations of subscriptions is below.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Prices Policy The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order. Payments Unless otherwise provided in these Terms and Conditions (see, e.g. Subscriptions, below) Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Discover, American Express cards or online payment methods (Amazon Pay, Google Pay, or Cash App Pay for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. Shipping Protection We offer optional Shipping Protection for $1.99 /month, available as an add-on at checkout. This protection covers loss or damage during transit for subscription box deliveries. All packages are shipped using USPS or UPS through Pirate Ship. Most USPS and UPS labels include up to $100 of built-in insurance; however, shipments using the UPS Ground Saver service include only up to $20 of coverage. If your order value exceeds these standard coverage amounts or if your order is shipped via UPS Ground Saver, we may supplement the coverage with additional insurance through InsureShield Shipping Insurance, provided by UPS Capital Insurance Agency, Inc., to ensure full protection. Shipping protection is optional and is not required to complete your purchase. It supplements any express or implied warranties that may apply. Claims for loss or damage must be made directly with UPS Capital Insurance Agency, Inc. and may require proof of loss. Please file all claims promptly. Shipping Protection is administered by a third party. For claims and more information, please visit https://www.support.pirateship.com. Additional terms and conditions from UPS Capital Insurance Agency, Inc., apply and are available at https://www.insureshield.com/content/partners/terms.   Subscriptions Subscriptions & Automatic Renewal By purchasing a subscription, you agree to a recurring monthly subscription at the then-current monthly rate. You will be billed in advance once per month, and your subscription will automatically renew each month unless you cancel or pause it. You may cancel or pause your subscription at any time by logging into your account, navigating to Billing, and selecting Cancel Plan or Pause Plan. If you cancel or pause your subscription after your monthly payment has been processed, you will still receive both subscription boxes for that month. Canceling or pausing your subscription ensures it will not renew for the following month. You are responsible for all monthly charges until your subscription is canceled or paused. Subscription fees are non-refundable once billed, except where required by law. However, canceling or pausing prevents any future charges. If your payment method is declined or expires, you remain responsible for any outstanding balances. We may allow you to add an alternate payment method and reserve the right to charge any valid card you have on file to recover unpaid amounts.   Fee Changes The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current subscription period. The Company will provide You with reasonable prior notice of any change in subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount. Promotions Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. SMS Program Mobile Terms & Conditions Charmed Beginnings offers its customers marketing and promotional mobile alerts (including cart reminders) by SMS message (the “Service“) on (331) 231-2734. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy. Signing Up and Opting-In to the Service Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Charmed Beginnings reserves the right to stop offering the Service at any time with or without notice. Charmed Beginnings also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. By opting into the Service, you:

Authorize Charmed Beginnings to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). Acknowledge that you do not have to agree to receive messages as a condition of purchase. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, contact [email protected]. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you will also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive Once you affirm your choice to opt-in to the Service on (331) 231-2734, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:

Sale promotions Event information Product launch announcements Cart reminders Back in stock alerts Price drop alerts Low inventory alerts Box Personalization Questions

  Charges and Carriers Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Charmed Beginnings may add or remove any wireless carrier from the Service at any time without notice. Charmed Beginnings and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. To Stop the Service To stop receiving text messages from Charmed Beginnings, text the word STOP to (331) 231-2734 any time or reply STOP to any of the text messages you have received from Charmed Beginnings. This is the exclusive method for opting out. After texting STOP to (331) 231-2734, you will receive one additional message confirming that your request has been processed. Questions You can text HELP for help at any time to (331) 231-2734. This will provide you with our customer service email address at [email protected]. Changes to Terms These Mobile Terms and Conditions are subject to change at any time without notice. Arbitration and Class Action Waiver Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Our services will be resolved by binding arbitration, rather than court. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and we, Charmed Beginnings, LLC, hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CHARMED BEGINNINGS, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND CHARMED BEGINNINGS, LLC AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. You and Charmed Beginnings, LLC are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Charmed Beginnings, LLC however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. The arbitrator may award injunctive relief only favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If You wish to arbitrate, you must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Us should be addressed to: Notice of Dispute, Charmed Beginnings, LLC, 1158 Birchdale Ln., Aurora, IL 60504. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If We and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or We may commence an arbitration proceeding. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Charmed Beginnings, LLC. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which We were a party. Unless We and You agree otherwise, any arbitration hearings will take place in DuPage County, Illinois. If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

The Charmed Beginnings mobile message service (the “SMS Service“) is operated by Charmed Beginnings, LLC, (“Charmed Beginnings” “we,” or “us”). Your use of the SMS Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the SMS Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to our SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of us through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). If you opt into our SMS Service, you will receive order updates, account alerts, and other account related information. Services will be sent from us via text messages through your wireless provider to the mobile number you provided. You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with us. Your participation in this program is completely voluntary. We do not charge for the SMS Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the SMS Service at any time. Text the single keyword command STOP to (331) 231-2734 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other mobile message programs operated by us and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to (331) 231-2734 or email [email protected]. We may change any short code or telephone number we use to operate the SMS Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy. User Accounts When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Intellectual Property The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Your Feedback to Us You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. Submitted Content This section governs any content, including but not limited to images, videos, photographs, text, or comments (“Submissions”), You submit to Us, post on any of Our websites or social media accounts, or otherwise publish in a way that suggests a connection with Us. By submitting a Submission, you agree whether We publish it or not, We do not guarantee confidentiality of Your Submission. The following terms apply to your Submissions. You agree you are eighteen years old. All identifiable persons in any Submission are at least eighteen years old at the time the content of the Submission was created. You have, either through securing from others or by virtue of being a content creator or inventor, all necessary rights, including but not limited to, intellectual property rights and rights of privacy or publicity, sufficient to allow You to make the Submission. No other party has rights in Your Submission. You provide Us with a non-exclusive, unlimited, royalty-free, worldwide, perpetual license to those rights, sufficient for Us to make use of the Submission in any way We see fit, including, but not limited to, copying, making derivative works, publicly displaying, publicly performing, distributing, destroying, selling, transferring, sub-licensing, or offering for sale. You agree the Submission is not immoral, obscene, illegal and does not portray any illegal activities. You have no right to review, inspect, or approve any of Our Use of the Submission. Our license survives the termination of any contractual relationship between You and Us. In the event a third-party asserts any claim against Us claiming he, she, or it has rights to a Submission, You agree to indemnify Us and hold Us harmless for Our use of the Submission. Digital Millennium Copyright Act & Intellectual Property We respect others’ intellectual property rights. If you believe that your copyrighted work has been copied in a way that constitutes infringement and is accessible by the Service, please notify Our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner. Identification of the copyrighted work you claim is infringed. Identification of the material you claim is infringing and where it is located on the Service. Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and email address. A statement you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

You must submit this information to the following DMCA agent: DMCA Agent Charmed Beginnings, LLC 1158 Birchdale Lane Aurora, Illinois 60504 Email: [email protected] If your Submission is removed as a result of a DMCA notice, You may provide us with a DMCA counter-notice. To do so, you must include the following information:

Your name, address, telephone number, and email address (if any). A description of the material that was removed and its location where it previously appeared. A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification. A statement you consent to the jurisdiction of the United States District Court in which your address is located or, if your address is outside the United States, any jurisdiction in which you may be properly served, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person. Your electronic signature.

If you believe some other intellectual property right you have an interest in is infringed, you may notify us at: IP Infringement Charmed Beginnings, LLC 1158 Birchdale Lane Aurora, IL 60504 Email: [email protected] Links to Other Websites Our Service may contain links to third-party web sites or services that are not owned or controlled by Charmed Beginnings, LLC. Charmed Beginnings, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Charmed Beginnings, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. Termination We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. Limitation of Liability Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. You are also cautioned that it is your responsibility to review ingredients of each Good you receive from Us to avoid allergic reactions or other side effects. Some Goods are manufactured by Us, others by Our suppliers. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. Medical Disclaimer This website contains general information about conception, pregnancy, pregnancy products and parenting. The information is not complete or comprehensive. You should not rely on the information on this website as an alternative to medical advice from your doctor or healthcare provider. Nothing contained on this web site should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified healthcare provider. Should you have any healthcare related questions, please call or see your physician or other qualified healthcare provider promptly. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet or fitness program. If you have any specific questions about these or any health related matters, you should consult your doctor or other healthcare provider. If you think you may be pregnant you should speak to a doctor or other healthcare provider, and if you think you may be suffering from any other 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. You are encouraged to consult your physician or your local healthcare provider to obtain professional medical advice, which may agree or disagree with the information and materials contained on this site. You should consult your own physician or your local healthcare provider regarding your own symptoms, medical condition, treatment or medications. If you have or suspect that you have a medical problem, you should contact your own physician or local healthcare provider immediately. While the information published on this site is believed to be accurate, it has been published solely for the purpose of providing general information and is not intended as a substitute for professional medical advice. If you have questions or concerns regarding your physical health or the health of your baby, please seek assistance from a qualified healthcare provider. The articles on this site are meant to answer questions of a general nature regarding issues of interest surrounding pregnancy. If you have a specific medical concern, please contact your healthcare provider. Call Your Doctor or Emergency Services in Case of Emergency. If you think you may have a medical emergency, call immediately. DO NOT USE THIS WEB SITE FOR MEDICAL EMERGENCIES. By using the Services, you understand and accept We are not a doctor, medical professional, licensed nutritionist, or registered dietician. You understand and accept statements within the Services have not been evaluated by the Food and Drug Administration. No products or information are intended to diagnose, treat, cure or prevent any disease. Any information about the use of herbs and essential oils contained in this site is not meant to be a substitute for seeking the advice of a qualified health care provider. It is not intended to diagnose, treat, cure or prevent any disease. Always consult your health care provider about the use of herbs and essential oils, especially during pregnancy, when nursing a baby or with children. All images, text, design and layouts are copyright protected under the Federal Copyright Law and are the sole property of Charmed Beginnings, LLC. No form of reproduction of these images and photographs, including downloading, copying or saving of digital image files is authorized without the express written consent of Charmed Beginnings, LLC. Promotional Offers By creating an account with Us, using the Services, or making a purchase, You consent to receive content, advertisements, or promotional materials in any manner We choose to deliver them. This includes, but is not limited to, email and SMS messaging – which you may incur a fee from your cell phone provider. SMS/MMS Mobile Message Marketing Program Terms and Conditions We offer a mobile messaging program (the “Mobile Program”), By opting in to or participating in any of our programs, including the Mobile Program, you accept and agree our Terms and Conditions. By creating an account, using the Service, or providing us your phone number, You are opting in to the Mobile Program. The Mobile Program allows participants to receive SMS/MMS mobile messages by opting into the Mobile Program, such as through online or application-based enrollment forms, creating an account, or using the Service and providing your phone number. Regardless of the opt-in method You utilized to join the Mobile Program, You agree these Terms apply to Your participation in the Mobile Program. By participating in the Mobile Program, You agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with Your account and You understand that consent is not required to make any purchase from us. While You consent to receive messages sent using an autodialer, these Terms will not be interpreted to suggest or imply that any of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). You also agree to receive SMS/MMS messages from Us. Message and data rates may apply. User Opt Out If You do not wish to continue participating in the Mobile Program or no longer agree to this Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming Your decision to opt out. You understand and agree that these options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of Our employees or agents to remove You from Our list, is not a reasonable means of opting out. Necessary steps concerning exercising rights you might have under the GDPR or CCPA are provided in the Privacy Policy. Duty to Notify and Indemnification: If at any time You intend to stop using the mobile telephone number that has been used to subscribe to the Mobile Program, including canceling Your service plan or selling or transferring the phone number to another party, You agree that You will complete the User Opt Out process set forth above prior to ending Your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if You discontinue the use of Your mobile telephone number without notifying us of such change, You agree that You will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists Us in the Mobile Program, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement survive any cancellation or termination of Your agreement to participate in our Services, including the Mobile Program. AMONG OTHER DUTIES AS SET FORTH IN THE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. Nothing under the heading “Duty to Notify and Indemnification” restricts or limits your duties to indemnify us or restricts our limits our rights under the Terms or Privacy Policy. Mobile Program Description: Without limiting the scope of the Mobile Program, users that opt into the Mobile Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Your election to not opt in to the Mobile Program will not prevent You from asking for and receiving any financial incentives provided through the Mobile Program. Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Support Instructions: For support regarding the Program, text “HELP” to the number You received messages from or email Us. Please note that the use of email is not an acceptable method of opting out of the program. Opt outs must be submitted as set forth above. MMS Disclosure: The Mobile Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Our Disclaimer of Warranty: The Mobile Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by Your wireless carrier. We are not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from Your wireless service provider/network operator and is outside of Our control. Participant Requirements: You must have a wireless device of Your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check Your phone capabilities for specific text messaging instructions. Age Restriction: You must comply with age restrictions of the Terms to participate in the Mobile Program and in all events, must be at least eighteen years of age to participate in the Mobile Program. Indemnification You agree to indemnify, defend and hold Us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Service or Goods, (ii) arising from your breach of these Terms or any policies, rules, or guidelines referenced in these Terms. If You are a California resident, You waive California Civil Code Section 1542, which says: “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 and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party” by creating an account or using the Service. If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. Governing Law Governing Law The laws of the State of Illinois, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. Dispute Resolution If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Your failure to attempt to informally resolve the dispute will constitute Your forfeiture to assert any claim, action, proceeding, suit, or demand against Us. You agree to arbitrate, under these Terms, any dispute You have with Us after informal attempts at resolution fail. Demand for Arbitration We seek to resolve any customer concerns through Our Support services. If You are dissatisfied with Our customer service's resolution and seek further action, You and We agree to resolve disputes through binding arbitration court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. We are committed to resolving all disputes in a fair, effective, and cost-efficient manner. Accordingly, these Terms provide that disputes will be resolved in binding arbitration. Our arbitration terms, set forth below, are designed to make arbitration as convenient and inexpensive for Our customers as possible. You and We will abide by the terms of the current arbitration provision in all instances. “Arbitration Agreement”: We and You agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising). Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. Claims that may arise after termination of these Terms.

For the purposes of this Arbitration Agreement, references to Our, We, Ours, or other words defined by these Terms to mean Charmed Beginnings, LLC also include Our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Notwithstanding the foregoing, this Arbitration Agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, You are waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms. If You wish to arbitrate, you must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Us should be addressed to: Notice of Dispute, Charmed Beginnings, LLC, 1158 Birchdale Ln., Aurora, Illinois 60504 (“Notice address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If We and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or We may commence an arbitration proceeding. The party initiating the arbitration is responsible for paying the fees associated with instituting the arbitration. During the arbitration, the amount of any settlement offer made by Us or You will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which We or You are entitled. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. Unless We and You agree otherwise, any arbitration hearings will take place in DuPage County, Illinois. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Us. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which We were a party. Except as otherwise provided for herein, the arbitrator will determine whether fees associated with institution of the arbitration shall be recovered by the prevailing party. If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing. If, after finding in a prevailing party’s favor in any respect on the merits of prevailing party’s claim, the arbitrator issues an award that is greater than the value of the non-prevailing party’s last written settlement offer made before an arbitrator was selected, then the non-prevailing party will: ·       pay you either the amount of the award or $1,000 (“the alternative payment”), whichever is greater; and ·       pay the prevailing party’s attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that attorney reasonably accrues for investigation, preparing, and pursuing the claim in arbitration (the “attorney’s fees”).

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both You and We agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction. For European Union (EU) Users If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. United States Legal Compliance You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. Notice for California Users Users of the Service from California are provided with this consumer rights notice under Cal. Civ. Code § 1789.3: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at [email protected]. Residents of California may have certain rights under the California Consumer Protection Act. See our Privacy Policy. Severability and Waiver Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach. Translation Interpretation These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least seven days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. Contact Us If you have any questions about these Terms and Conditions, You can contact us: ·       By email: [email protected]