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Terms of Use

Last update: June 2018

 

This is a binding agreement. By using ForGrowingBaby.com (“Site”) or any services provided in connection with Site, you agree to abide by these Terms of Use. Site is owned and operated by a Texas company (“Company”).

 

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use Site.

 

OWNERSHIP.

Site is owned and operated by Company. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (“Materials”) are owned by Company. Except as otherwise expressly provided, none of the Materials may be copied, reproduced, republished, uploaded, downloaded, displayed, performed, transmitted or distributed in any way and nothing on this Site shall be construed to as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

 

COPYRIGHT.

All contents of Site are copyrighted by Company (excluding Fair Use content). All rights reserved.

 

PRIVACY POLICY.  

The current privacy policy can be found by selecting the Privacy link in Site’s footer. This privacy policy is expressly incorporated into this Agreement by this reference.

 

GOVERNING LAW.

These Terms shall be construed in accordance with and governed by the laws of the United States of America and the State of Texas. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Dallas, Texas in all disputes arising out of or related to the use of the Site.

 

PERSONAL USE.

Site is made available for your personal use on your own behalf, is intended for use by citizens of the United States of America, and is not eligible or allowed for use by minor children.

 

USER CONTENT.  

By uploading, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to Site, you warrant and represent that you own the rights to, or are otherwise authorized to do so, and you are granting Site, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Company’s business, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content.

 

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.

When using Site, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using Site.

 

INAPPROPRIATE CONTENT.

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content to Site that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate or delete any such material from Site.

 

ALLEGED VIOLATIONS.

Company reserves the right to terminate your use. To ensure a high quality experience for you and for other users, you agree that Company or its representatives may access your records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if it is believed that you have violated any of the Terms of Use, furnished false or misleading information, or interfered with the use of Site by others.

 

NO WARRANTIES.

SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  COMPANY MAKES NO WARRANTY THAT: (A) SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE OR ANY MATERIALS OFFERED THROUGH SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SITE IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

LIMITED LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS  BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR PROPERTY DAMAGE, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) HOWEVER IT ARISES OUT OF OR IN CONNECTION WITH YOUR USE OF SITE OR ANY OTHER MATERIALS PROVIDED TO YOU BY COMPANY.  EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID TO COMPANY BY YOU FOR PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

INDEMNITY.
You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

THIRD PARTY WEBSITES.
Site may contain links to websites controlled by parties other than Company (each a “Third Party Website”). Company is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such websites. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Website, and agree that Company is not responsible for any loss or damage of any sort you may incur. You should contact the website administrator for the applicable Third Party Website if you have any concerns regarding such website.

PROHIBITED USES.
Company imposes certain restrictions on your permissible use of Site. You are prohibited from violating or attempting to violate any performance or security features of Site, including without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of Site or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of a “virus”,  “spamming”, “overloading”, or “crashing;” (d) using Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any part of the header information in any e-mail or in any posting using Site. Any violation of system or network security may subject you to civil and/or criminal liability.

COMPLETE AGREEMENT.
This Agreement constitute the entire agreement between you and Company concerning the subject matter hereof. There are no warranties, representations, covenants or agreements, expressed or implied, between the parties except those expressly set forth in this agreement.

SEVERABILITY / WAIVER.
If, for whatever reason, a court of competent jurisdiction finds any term or condition herein to be unenforceable, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

AMENDMENTS.
Company reserves the right to amend these Terms. Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the Site. All amendments to the Terms shall be forward looking.