Please read these Product and Service Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to purchase any Taking Cara Babies product (“Product”) or use any Taking Cara Babies digital or downloadable resources, online course, or phone consultation, whether on a website hosted by Taking Cara Babies or a third-party website such as an online course platform (collectively “the Program”).
If you do not agree with these TOU, you may not purchase a Product or use any part of the Program.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Taking Cara Babies, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Cara Dumaplin.
Purchases
The Company reserves the right to limit the nature and quantity of any Product or Program the Company offers. Some parts of the Program may have limited registration slots. All descriptions of the Company’s Products, Program, pricing and availability are subject to change at any time without notice, in the Company’s sole and absolute discretion. The Company reserves the right to refuse any order placed at any time and for any reason in the Company’s sole and absolute discretion. The Company may, in its sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If the Company makes a change to or cancels an order, the Company may attempt to notify you by email and/or the billing address or phone number provided with your order.
Lifetime access for any Program means you will have access to the resources and materials included within that Program for as long as the Company hosts and provides access to the content you have purchased, provided that you have not violated these TOU in any way or defaulted on any obligation owed to the Company.
Please note that the Company, in its sole right and discretion, may temporarily suspend or terminate your lifetime access in a Program at any time, without providing notice to you, if in the Company’s discretion you have violated these TOU in any way.
The Company’s Program is intended and only suitable for individuals aged 18 and above. Some of the content in the Program may not be appropriate for children. The Company disclaims all liability for use by individuals under the age of 18.
Payment
All prices displayed on the Company’s website are quoted in U.S. Dollars. If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. When you provide your payment card information, you represent and warrant that you are permitted to use the card and that all billing information you provide us is current, correct, and complete. If you have any questions about a charge on your card, notify the Company in writing.
You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). You agree that the credit card processor, and not the Company, will be responsible for any errors by the credit card processor in processing fees.
If any payment is not received when due, the Company reserves the right to terminate your access to all parts of the Program and all Content (defined below) immediately and permanently. Late payments will accrue interest at the rate of 1.5% per month or the highest rate allowed by law, whichever is greater. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Refunds and Chargebacks
We offer a 30-day return policy for Products with a full refund, less shipping and handling fees. Your Product must be returned within 30 days after its purchase and be in new, unused and unwashed condition with all original tags and proof of purchase. See our website for details.
If you are unsatisfied with the Program, you may request a refund within 30 days after your date of purchase by emailing [email protected] from the email account associated with your purchase. You will be required to provide your payment receipt and any other materials requested by the Company.
You may request a refund for an unused phone consult if it was cancelled at least 24 hours before your appointment time by emailing us at [email protected]. No refund will be provided for a completed phone consult, a No Show (see Phone Consult section below), or any phone consult cancelled or rescheduled with less than 24 hours written notice as provided above.
In all other cases, the Company has a no refund policy, even if you do not use your Product or access or complete your Program. Refunds will not be granted for gift cards or if you have violated these TOU in any way. Refund requests made via social media, Company contact form, or any method other than as described above will not be processed. By purchasing and/or using a Product or Program, you agree that, except for the limited refund period described above or as required by law, all sales are final and no refunds will be provided for any part of your payment.
You have agreed to our clear and explicit refund policy before completing your purchase and agree that you will not file a fraudulent chargeback with your credit card company or payment processor. If a chargeback is found to be fraudulent, the Company reserves the right to refuse future transactions with you, report the fraudulent chargeback to credit reporting agencies and/or chargeback databases, recover all of the Company’s expenses and attorney’s fees incurred due to your payment default, and take any other appropriate legal action.
Limited Warranty and Disclaimers
The Company will repair or replace, at its option, a Product that is defective in materials or workmanship that you return to us with proof of purchase within sixty (60) days after its original purchase. This is your sole and exclusive warranty and remedy for any defect, and is only available to the original purchaser of the Product. This warranty does not apply to, or include damages from use of, Products that have been misused, used not in accordance with product instructions, washed incorrectly, are otherwise damaged, or from normal wear and tear.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES APPLICABLE TO OUR PRODUCTS, AS SPECIFIED ABOVE, AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED.
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE PROGRAM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST HIDDEN OR LATENT DEFECTS.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
European (EU/EEA/UK) Program Participants’ Right of Withdrawal
Purchasers in the European Union and United Kingdom have a fourteen (14) day right of withdrawal from certain transactions under the terms of their respective laws. The Company is obligated to inform you of this right in very specific legal terms, which you can find below.
The Company agrees to honor your right of withdrawal as required by law prior to the commencement of the Program, which includes, but is not limited to viewing or accessing the Program portal, viewing, accessing and/or downloading Program materials and Content, and attending trainings or events associated with the Program (“Performance”).
If this right of withdrawal extends to you, then you have fourteen (14) days from your acknowledgement of these TOU to withdraw your acceptance of these terms, without giving any reason, and without incurring any costs other than those provided for in this section. The withdrawal period will expire after fourteen (14) days from the day you acknowledge this TOU.
By accepting this TOU, you agree and give your express consent and acknowledgement that you will lose your right of withdrawal once you have begun Performance of the Program.
If you choose to exercise your right of withdrawal, the Company will reimburse to you all payments received from you, less any credit card processing fees the Company incurred for your purchase. This reimbursement will be made using the same method of payment you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement.
To exercise your right of withdrawal, you should inform the Company of your decision to withdraw by emailing [email protected] or mailing a letter to 19414 N 36th Drive, Glendale, AZ 85308, USA within the fourteen (14) day withdrawal period. You may use the model form below, but it is not required.
To Taking Cara Babies:
[Date]
I, [your name], hereby give notice that I, [your name], withdraw from my participation in the program that I purchased on [insert date of purchase]. I also withdraw from the Terms of Use Agreement that I acknowledged when registering for the program.
Acknowledged on [date] / Received on [date].
[Your name]
[Your address]
[Your signature (physical or electronic)]
The burden of proof of exercising the right of withdrawal in accordance with this clause shall be on you. Except as provided for in this section, you shall not incur any liability as a consequence of your exercise of the right of withdrawal. If you exercise your right of withdrawal, both you and the Company will be released from your obligations to perform under these TOU, any ancillary contracts will be terminated automatically, and you may be denied the opportunity to enroll or participate in any service or product offered by the Company in the future.
Phone Consults
Phone consults may be recorded for training purposes.
If you purchase a phone consult, the Company will make three attempts to contact you (using a blocked/private number) at the phone number you provided to the Company or other specified method if you are located outside the US. If you do not answer by the third attempt (a “No Show”), your phone consult will be cancelled without refund, but within 30 days you may email [email protected] to request a coupon code for 50% off a future paid consult.
Email Support
The Company offers free email customer support to help you choose a class or resource; point you in the direction of a helpful Instagram post, help article, or blog; answer straightforward clarification questions about resources you’ve purchased; or provide brief advice to customers for simple, straightforward situations. Our email support is not intended for detailed troubleshooting, ongoing 1-on-1 support, or customizing plans for your family. For that more intensive support, you may purchase a phone consult with one of our certified sleep consultants.
Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You
If you view, purchase or access any Program or any of the Content, you will be considered our licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money. By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.
You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.
You are strictly prohibited from uploading or distributing Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence technologies.
The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Program or Content other than that expressly authorized in these TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use. You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling us to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing
By posting or submitting any material about a Product or during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.
Confidentiality; Your Conduct
The Company is not legally bound to keep your information confidential.
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
You are strictly forbidden from the following:
• Causing damage to any Company website or third-party forums operated by the Company
• Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
• Sharing private and proprietary information from the Program with anyone else
• Discriminatory, harassing or abusive speech toward any person associated with the Company
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your Program and your access to the Content without refund.
Username and Password
To access certain features of the Program, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company may suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
Termination
The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, upon delivery of written notice, at any time. In the event of termination, you are no longer authorized to access the part of the Program or Content affected by such termination. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.
Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You acknowledge that, by purchasing a Product or Program, you knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your Product or Program, whether or not caused by the active or passive negligence of the Releasees.
IN THE EVENT THAT THE RELEASE AND HOLD HARMLESS PROVISION IS HELD UNENFORCEABLE FOR ANY REASON, YOU AGREE TO LIMIT ANY DAMAGES CLAIMED TO THE GREATER OF $100 OR THE TOTAL PAID TO THE COMPANY FOR THE PRODUCT OR PROGRAM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
b. The Company’s Products, Program and Content provide information and education only, and do not provide any medical, psychological, legal or financial services or advice. No Product, Program or Content prevents, cures or treats any mental or medical condition. The Products, Program and Content are not intended to be a substitute for professional advice that can be provided by your own medical professional, lawyer or accountant. You are responsible for your own physical, mental, emotional, financial and legal well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice it provides.
c. Results Disclaimer. You agree that Company has not made and does not make any representations about the results you may achieve through a Product or Program. The Company cannot and does not guarantee that you will achieve any particular result from your use of a Product or Program, and you understand that results differ for each individual.
d. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
e. The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
f. THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO ITS PRODUCTS OR THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM, REGARDLESS OF LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN WARNED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Security
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
Legal Disputes and Waiver of Class Actions
These TOU shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to its conflict of laws principles. The state and federal court nearest to Glendale, Arizona shall have exclusive jurisdiction over any case or controversy arising from or relating to a Product, Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. You hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The parties waive any right to bring claims as part of a class or collective action and agree to limit any litigation to individual claims they may have against one another. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
Users Outside United States
The Company provides its Products, and controls and operates the Program, from offices in the United States. The Company does not represent that its Products or Program are appropriate or available for use in other locations. People who choose to purchase a Product or Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnification
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of a Product, Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Force Majeure
The Company shall not be deemed in breach of these TOU if the Company is unable to provide any Product, Program, or any portion thereof, by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond the Company’s control (collectively, “Force Majeure Event”). Upon occurrence of a Force Majeure Event, the Company shall give notice to you of its inability to perform or of its delay in performing, may propose accommodations, or may terminate these TOU.
General Provisions
The Company may modify these TOU at any time. All modifications shall be posted on the Company’s website and participants shall be notified when accessing the program or via email. If any provision of these TOU is held invalid or unenforceable, the remainder of these TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. These TOU supersede all prior written and oral representations.
Updated on April 28, 2025
