Love Babies?

Then Like Babies 411

Last updateTue, 28 Oct 2014 9pm

Articles

Terms of Use Agreement

Babies 411, LLC is not affiliated in any way with Windsor Peak Press or any products and services of Windsor Peak Press including their Baby 411 books, software applications, and websites.

Read This Terms of Use Agreement Before Using this Service and Website.

Effective Date: This Terms of Use Agreement was last updated on 03/10/12

This Terms of Use Agreement (the “Terms of Use”) sets forth the standards of use of the Babies 411 Service available at www.Babies411.com, its related websites, the Babies 411 blog (http://blog.babies411.com) and related services (individually and collectively the “Service”). The Service includes information presented on Babies 411 Social Media Pages, including but not limited to our Facebook, Twitter, Myspace, Flickr pages/accounts and/or any other social sites maintained by Babies 411, bookmarking, video publishers, article publishers. The Service is provided by Babies 411, LLC (“Babies 411”).  By using the Service, you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of the Service. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Babies 411, www.Babies411.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Babies 411’s goal is to provide parents with unbiased, up-to-date information concerning the care and nurturing of their babies. We conduct research and consider many views, information and opinions from leading authorities. Our primary focus is babies.  It is our hope that the information available through the Service will help you make more informed decisions to keep your baby and family healthy and safe.

YOU UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED IN THIS SERVICE IS NOT INTENDED NOR IMPLIED TO BE, AND YOU WILL NOT USE IT AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR WILL BE USED BY YOU FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU UNDERSTAND THAT YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING TREATMENT BASED ON THE INFORMATION CONTAINED IN THE SERVICE.

IF YOU SUSPECT THAT YOUR CHILD HAS A MEDICAL CONDITION, CONSULT YOUR PHYSICIAN IMMEDIATELY.


2. Disclaimer of Warranties:

NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND RESULTS OF THE SERVICE AND ALL INFORMATION CONTAINED THEREIN IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BABIES 411, ITS AFFILIATES AND LICENSEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANY INFORMATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF TITLE, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER BABIES 411, NOR ANY OF ITS AFFILIATES OR LICENSEES WARRANT THAT THE SERVICE OR INFORMATION CONTAINED IN, ACCESSED FROM, PERFORMED BY, DISPLAYED ON, LINKED TO/FROM, OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BABIES 411, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

3. Limitation of Liability:

 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BABIES 411, its AFFILIATES AND/OR LICENSEES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE OR INFORMATION AVAILABLE THROUGH THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, EQUITY OR OTHERWISE) AND EVEN UNDER CIRCUMSTANCES WHERE BABIES 411, ITS AFFILIATES AND/OR LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification. You agree to indemnify, defend, and hold Babies 411, its affiliates and their respective successors and assigns, officers, directors, shareholders, members, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, actions, losses, damages, costs and expenses (including reasonable attorneys' fees), arising out of or relating to your (a) breach or violation of these Terms of Use, (b) infringement, misappropriation or any violation of the rights of any other party, (c) violation or non-compliance with any applicable law, rule or regulation, and (d) use, alteration or misuse of the Service (or any component or element thereof) in violation of these Terms of Use. Babies 411 reserves the right to assume the exclusive defense and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.


4. Indemnification:

Member agrees to indemnify and hold Babies 411, its parents, subsidiaries, affiliates, members, shareholder, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer and/or account information, of any intellectual property or any other right (including privacy rights) of any person or entity.

 

5. Modifications and Interruption to Service:

Babies 411 reserves the right to modify or discontinue the Service at any time in its sole discretion with or without notice to the Member. Babies 411 shall not be liable to Member or any third party should Babies 411 exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Babies 411 does not guarantee continuous, uninterrupted or secure access to our Service and operation of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

6. Third-Party Sites:

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties (the “Third-Party Sites”).  The Third-Party Sites include the affiliate links: Neverblue - (banner ads), affiliate.com - (banner ads), Google Affiliate Network - (banner ads), Share A Sale - (banner ads), Google Adsense - (banner ads), Youtube, (banner ads on Videos), Amazon - (Selected Amazon products in "Our Store" and placed throughout articles and banners). You acknowledge that we are not responsible for the availability of, or the content located on or through, any Third-Party Site. You should directly contact the site administrator or webmaster for those Third-Party Sites if you have any concerns regarding such links or the content located on such sites. Your use of a Third-Party Site is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of each Third-Party Site.

 

7. Disclaimer Regarding Accuracy of Vendor Information:

The Service may include information about products and services (the “Third-Party Products”) produced and/or offered by third parties (the “Vendors”). 

Product specifications and other information are generally provided by the Vendors or drawn from publicly available sources. While its our goal to provide accurate information, we can make no representations or warranties of any kind regarding Third Party Products. Babies 411 makes no warranties or representations whatsoever with regard to any Third-Party Products, and you acknowledge that any reliance on representations and warranties provided by any Vendor  or otherwise shall be at your own risk.

 

8. Governing Jurisdiction of the Courts of Texas:

The Service is operated and provided in the State of Texas. As such, we are subject to the laws of the State of Texas and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Texas.  Any dispute or controversy arising from these Terms of Use and/or the Service shall be brought exclusively in a state or federal court located in Harris County, Texas.   You hereby consent to the exclusive jurisdiction of those courts and waive objection that any such court is an inconvenient forum.

 

9. Compliance with Laws:

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that does and/or or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation or otherwise violates any third party rights of any kind including, without limitation, privacy rights.

 

10. Copyright and Trademark Information:  

Unless otherwise specified, all content included or available through the Service and on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof are the exclusive property of Babies 411, all rights reserved.  Some elements of the Service and the site are the property of third parties. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Babies 411® is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Babies 411. Babies 411® and stylized logo are exclusive, proprietary marks of Babies 411, LLC and may not be used to endorse or market any product or service that is not provided by Babies 411 or otherwise in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Babies 411. All other trademarks or other indicia displayed on Babies 411’s website are the property of their respective owners, and constitute neither an endorsement nor a recommendation of those owners. In addition, such use of trademarks or links to Third-Party Sites, Third-Party Products and/or the web sites of Vendors is not intended to imply, directly or indirectly, any affiliation with Babies 411.

 

12. Botnets:

Babies 411 retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points or otherwise to facilitate botnet usage, Babies 411 reserves the right, in its sole discretion, to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination.

 

13. Moderation, 3rd party content and comments:

From time to time, we may make information contributed by third parties (such as guest writers) available through the Service. In these instances a bi-line is placed at the footer of the article to indicate the author. Included is information about the author and links to the authors website.  Guest articles are approved by Diba Tillery RN, BSN, IBCLC, CPST before publication through the Service. All other content not containing a bi-line is authored by Diba Tillery RN, BSN, IBCLC, CPST.

We recognize many parents have their own opinions and views on the sometimes controversial baby-related topics.   We encourage open and frank discussion.  But we ask that you remain respectful to others and their opinions. In other words, Members’ use of the Service should be based on their commitment to civility and decorum

Babies 411 moderates Babies 411’s articles and comments on a daily basis, any post/comments that we deem as being inappropriate, explicit, insulting, not relevant to the topic, is not true or correct to your knowledge, are only promotional in nature, are spammy or has been generated by botnets can be removed in our sole discretion at any time with or without notice.  Similarly, any post/comment that violates or is contrary to these Terms of Use may be removed by us in our sole discretion at any time with or without notice.  The user posting any comments, has the ability to remove his/her posted comment at anytime.

Babies 411 reserves the right to remove any comments that are strictly promotional of a product, advertisement, website, article, blog etc. that does not bring value to the related blog post. These post may be removed by us in our sole discretion at any time with or without notice.

Babies 411 specifically disclaims any and all liability arising from any content posted by any third party, including any content that may be offensive, profane or obscene. Babies 411 bears no responsibility for any actions that Members undertake using any third party information available through the Service.

Babies 411 has the right, in its sole discretion to ban/remove any commenter/user from placing comments on site at any time with or without notice. 

 

14. Member Submissions:

By clicking “Submit” and submitting content and/or images to Babies 411 you simultaneously grant Babies 411 together with its affiliates, licensees and end-users an irrevocable, worldwide, royalty free, fully paid-up license to publish, exhibit, edit, encode, copy, compress, display, modify, transmit, distribute, syndicate and otherwise exploit your content and/ or images worldwide on babies411.com and its affiliated sites and other through the Service. You represent and warrant that you have all requisite authority to grant the above license to Babies 411. You also agree that the submitted content and/or images are your sole property and will not violate or infringe and third party rights of any kind. Babies 411, LLC has no responsibility for the content of any material submitted by users.  However, we reserve the right in our sole discretion at any time with or without notice to (1) edit or delete any documents, information or other material submitted to or appearing on this site, and (2) refuse access to the site to any user that violates this agreement.  The foregoing actions are without prejudice to any other rights or remedies of Babies 411 all of which are reserved.

 

15. Features; Affiliations:

Babies 411, LLC may receive promotional or other consideration for specific products or services presented through the Service.  It is our goal to feature products and services that are relevant to the needs of our users.  From time to time we may give our opinions, findings, beliefs or experiences concerning featured products and services.  The views and opinions expressed by us are purely our own. Any claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

Babies 411 would like to disclose the following existing relationships. These are companies, organizations or individuals that may have a significant impact on our content. We serve and/or associate with the following corporate or non-profit boards and organizations: Healthy Child Healthy World, Earth Mama Angel Baby, Best for Babes, Safer Chemicals Healthy Families and other affiliates.

For more information on Babies 411 affiliations and compensations please review our FTC Disclaimer

 

16. Babies 411 Blog ( http://blog.babies411.com/)

Babies 411, LLC may be compensated to provide opinions on products, services, websites and various other topics. Even though we may receive compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs or experiences on those topics or products. The views and opinions expressed by us are purely our own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

For more information on Babies 411 affiliations and compensations please review our FTC Disclaimer

 

17. Other Terms: If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Babies 411 in our sole discretion at any time with or without notice to you. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting these Terms of Use and use of the Services, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.  All data and information collected, used and/or disclosed by Babies 411 and its affiliates in connection with your use of the Service shall be governed by and subject to the terms and conditions set forth in the above-referenced Privacy Policy.