Terms of Service
This agreement is in effect as of January 1, 2020.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Description of Services
Miracle 3D Moments offers an elective ultrasound imaging service. By using this site, you are responsible for providing, at your own expense, all equipment necessary to use this website, including a computer, modem, scanner, and Internet access (including payment of all fees associated with such access).
Use of Website. By using this site and ordering services provided on this site you hereby agree to the following information below:
a. You herby agree you understand that all 3D/4D ultrasound is not a diagnostic ultrasound. We do not evaluate the fetus for any type of abnormality and can only offer an online calendar for determination of due dates. Any medical concern you have should be discussed with your Obstetrical provider. Each ultrasound session is limited to 20 minutes maximum in length for your safety. Ultrasound equipment is FDA approved and maintained by the manufacturer or a certified biomedical engineering company. We do promise to make every effort to obtain the best possible images that can be visualized. However, imaging is limited by fetal position, maternal body habitus, amniotic fluid index, and other extenuating circumstances.
b. You understand that in order to receive services you must be under a physician’s care.
c. By using this site and services you understand the appointment scheduling, and cancellation policy provided on this website.
Services Terms and conditions:
This is a not a diagnostic ultrasound. We do not evaluate the fetus for abnormalities and can only offer limited information to determine due dates. We highly recommend that any medical concern you have be discussed with your prenatal healthcare provider. We do promise to make every effort to obtain the best possible images that can be visualized. Miracle 3D Moments Ultrasound does not guarantee that the calculations of fetal weight will be consistence with the information given from your caregiver due to fetal growth changes, unknown factors related to an abnormal fetus, and maternal health risk.
I understand that every baby scans differently, depending on its gestational age, position, fetal movement, amniotic fluid surrounding baby, patient’s body habitus, and patient physical condition.
I understand that Miracle 3D Moments has a no refund policy and there is no guarantee the images will be similar to those you might have seen due to the uniqueness of how every baby scan on ultrasound.
I understand that I must be at least 16 weeks to get a 3D/4D ultrasound.
I understand that my ultrasound is limited to 20-minute ultrasound and that we do not evaluate the fetus for abnormalities.
I understand that there is no refund given for purchases of service including multi-visit ultrasound sessions that are not completed by 38 weeks.
I understand that if my 4D ultrasound includes a digital photo gallery and I except all terms and conditions to the package.
I will provide proof of prenatal care or an authorization form as acknowledgment of prenatal care, if requested from Miracle 3D Moments.
BY ORDERING PRODUCTS OR USING SERVICES ON THIS WEBSITE, OR BY OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS, AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS TO YOU.
You may request to change or modify to a different service at any time before or at the time of your appointment arrival. Your session fee is non-refundable, should you cancel less than 24 hours; less a $35 deposit.
Appointment Cancellations/ Late Arrival
Credit card information must be provided at booking. You may request to cancel any appointment prior to 24 hours before your appointment time to avoid a non-refundable deposit of your ultrasound. Please note: There is a non-refundable $35 deposit fee if we receive a request to cancel your appointment within 24 hours before you are expected to arrive for your appointment. Late appointments will be rescheduled if arrived 10 minutes passed the appointment time.
You may request to cancel any appointment and receive a full deposit refund will be granted before the 24-hour holding period before your scheduled appointment time. Miracle 3D Moments has a strict non-refundable policy after services have been rendered.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines,
Appointments/ Late Arrivals
Wherein, you understand that:
a. When scheduling an appointment and accessing our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or coe. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that we hold rights to any imagery done at our facility and that these images may be shared to educate or advertise products and services to our website and or social media. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
h. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, is strictly prohibited. invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
a. You. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
b. Contains any type of unauthorized or unsolicited advertising;
c. Impersonates any person or entity, including any Miracle 3D Moments employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
You agree to indemnify and hold harmless Miracle 3D Moments and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that: You) the use of our Resources will meet your needs or requirements. ii) the use of our Resources will be uninterrupted, timely, secure or free from errors. iii) the information obtained by using our Resources will be accurate or reliable, and iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Miracle 3D Moments or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Miracle 3D Moments and affiliates will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on www.miracle3dmoments.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Miracle 3D Moments, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Miracle 3D Moments.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or log in information.
This website is controlled by Miracle 3D Moments from our offices located in the state of Minnesota, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Minnesota, by accessing our website, you agree that the statutes and laws of Minnesota, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, Minnesota. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, MIRACLE 3D MOMENTS AND AFFILIATES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Miracle 3D Moments, P.O. Box 455 St. Cloud, Minnesota 56303.