Effective: January 1, 2011
Last updated: July 7, 2015
Welcome to BabyGearLab!
These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications (the "Service") offered by BabyGearLab LLC ("BabyGearLab"), located at 1712 Pioneer Ave, Suite 1055, Cheyenne, WY 82001. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using our Service you agree to be bound by these Terms. Please read them carefully.
Use of the Service
You may use the Service only if you can form a binding contract with BabyGearLab, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on BabyGearLab.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. BabyGearLab will not be liable for any loss or damage arising from your failure to comply with these requirements.
The Service is not intended for children under 13 years of age, and you may not use the Service or create a user profile, if applicable, if you are under 13. You hereby represent and warrant that you are at least 13 years of age.
Content Appearing on the Service
"Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service including but not limited to the evaluations, presentations, rankings, reviews, other information, advertisements, interactive discussions, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from the Service, whether such Content is owned by BabyGearLab or third parties.
CERTAIN CONTENT THAT APPEARS ON THIS SITE COMES FROM AMAZON SERVICES LLC. THIS CONTENT IS PROVIDED 'AS IS' AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
Our Service allows you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
"User Content" means any text, music, sound, photos, video, evaluations, ratings, or graphics which you or other users of the Service create, upload, download, transmit, store, or appearing on the Service. User Content is publicly-viewable on the Service. You agree that you are solely responsible for your User Content.You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Service any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product in a manner that could be offensive, inappropriate or harmful to BabyGearLab or any user or consumer or that is contrary to any instructions or warnings relating to the product
- User Content that may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
- User Content that, in the sole judgment of BabyGearLab, restricts or inhibits any other person from using or enjoying the Service or which may expose BabyGearLab or its users to any harm or liability of any type.
BabyGearLab takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is BabyGearLab liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Service will not contain any content that is prohibited by such Terms. Although BabyGearLab has no obligation and may not monitor User Content posted on the Service, BabyGearLab reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Service at your sole cost and expense.
We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Your User Content will be viewable by other users of the Service and through third party services and websites. You should only provide User Content that you are comfortable sharing with others under these Terms.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. We may not monitor or control the User Content posted via the Service. Any use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will BabyGearLab be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any User Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties partners. You understand that your User Content may be republished and if you do not have the right to submit User Content for such use, it may subject you to liability. BabyGearLab will not be responsible or liable for any use of your User Content by BabyGearLab in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of BabyGearLab, its users and the public.
Your License to BabyGearLab
By submitting, posting or displaying User Content on or through the Service, you grant us a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.You agree that this license includes the right for BabyGearLab to make your User Content available to others for the publication, distribution, syndication, or broadcast of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by BabyGearLab or others may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Service.
You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) post any Content (as defined below) or use the Service in violation of any applicable law (including intellectual property laws, right of privacy or publicity laws, and any laws of a non-U.S. jurisdiction applicable to you), or any contractual or other legal obligation; (iii) post Content that is hateful, abusive, threatening, profane, or otherwise objectionable; (iv) post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (v) publish or post other people's private or personally identifiable information without their express authorization and permission; (vi) use the Service for the purpose of spamming anyone; (vii) publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy; (viii) access or tamper with non-public areas of the Service, BabyGearLab's computer systems, or the technical delivery systems of BabyGearLab's providers; (ix) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (x) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by BabyGearLab (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with BabyGearLab (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of BabyGearLab except as permitted by these Terms is expressly prohibited); (xi) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (xii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
Disclaimer of Warranty; Limitation of Liability
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, BABYGEARLAB AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. BabyGearLab will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that BabyGearLab has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from BabyGearLab or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BABYGEARLAB AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BABYGEARLAB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.Without limiting the foregoing:
(A) YOU EXPRESSLY AGREE THAT YOUR USE OF BABYGEARLAB.COM IS AT YOUR OWN SOLE RISK. THE CONTENT IS NOT PROMISED OR GUARANTEED TO BE CORRECT, COMPLETE OR UP-TO-DATE. BABYGEARLAB.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
(B) NEITHER BABYGEARLAB, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BABYGEARLAB.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BABYGEARLAB.COM, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED ON OR THROUGH BABYGEARLAB.COM. FURTHERMORE, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE CONTENT.
(C) IN NO EVENT WILL BABYGEARLAB, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING BABYGEARLAB.COM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR ARISING OUT OF THE USE OF OR INABILITY TO USE BABYGEARLAB.COM. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON BABYGEARLAB.COM. IN ANY EVENT, BABYGEARLAB 'S MAXIMUM TOTAL LIABILITY TO USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE GREATER OF THE PRICE, IF ANY, PAID BY USER FOR ACCESS TO BABYGEARLAB.COM OR 25 DOLLARS ($25.00).
(D) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THIS DISCLAIMER FURTHER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE CONTENT OR ANY OF THE PRODUCTS OR SERVICES REFERRED TO IN THE CONTENT. BABYGEARLAB SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR LOSSES RELATING TO ANY PRODUCTS OR SERVICES REFERRED TO AT ANY TIME IN THE CONTENT, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. USER SPECIFICALLY ACKNOWLEDGES THAT BABYGEARLAB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(E) BABYGEARLAB DOES NOT INTEND ANY REFERENCES TO ENTITIES, PRODUCTS OR SERVICES IN THE CONTENT OR ANY LINKS ON BABYGEARLAB.COM TO BE ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES. BABYGEARLAB IS NOT AFILIATED WITH, OR SPONSORED OR ENDORSED BY ANY OTHER CONSUMER PRODUCT RATING SERVICE, AND ANY REFERENCE TO SUCH THIRD-PARTY RATING SERVICES IS SOLELY FOR THE GENERAL INFORMATION AND CONVENIENCE OF USERS USING BABYGEARLAB.COM.
Third Party Beneficiaries — Medical Contributions
In no event shall BabyGearLab, Dr. Spurrier or any other Medical Contributor be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Dr. Spurrier, BabyGearLab, or its Medical Contributors is advised of the possibility of such damages. Neither BabyGearLab, Dr. Spurrier, nor the other Medical Contributors are liable for any personal injury, including death, caused by your use or misuse of the Site or Content.
As always, we do not monitor or control the Content posted by users via the Service; the answers and messages created by Medical Contributors are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by Medical Contributors, nor do we endorse any opinions they express.
Answers to Medical Questions
Content posted by Dr. Spurrier and other Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Dr. Spurrier and other Medical Contributors.If you think you may have a medical emergency, call your doctor or your level emergency number (911 in the United States) immediately.
- Content is not a substitute for professional medical advice, examination, diagnosis or treatment.
- You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
- You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment.
- Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider.
- Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information.
- Content is not regulated by the Food and Drug Administration or any state or national medical board.
Information posted to BabyGearLab publicly or sent in an unsolicited message to Dr. Spurrier or other Medical Contributors is not confidential and does not establish a physician-patient relationship without the express consent of the Medical Contributor.
All right, title, and interest in and to the Service (excluding User Content) are and will remain the exclusive property of BabyGearLab and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the BabyGearLab name or any of the BabyGearLab trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by BabyGearLab on the Service are subject to change. In consideration for BabyGearLab granting you access to and use of the Service, you agree that BabyGearLab and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
BabyGearLab respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that 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 the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:BabyGearLab, LLC
Attn: Copyright Agent
1712 Pioneer Ave, Suite 1055
Cheyenne, WY 82001
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication and/or annotation. A link to your published notice may be displayed on BabyGearLab in place of the removed content.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, BabyGearLab will also terminate a user's account if the user is determined to be a repeat infringer.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BabyGearLab of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
About These Terms
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These shall be construed in accordance with the laws of Wyoming, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between BabyGearLab and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Any controversy or claim arising out of or relating to these Terms or use of the Service, with the exception of injunctive relief sought by BabyGearLab for any violation of BabyGearLab's proprietary rights, shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of the third arbitrator, and it shall be someone who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be natural persons and shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be Cheyenne, WY, USA.