Terms of use

Baby+Company Terms of Use

Last updated April 2015

These Terms of Use set forth the terms and conditions for use of any Baby+Company website, including any forms or information contained therein (collectively, the “Website”). We encourage you to read these Terms of Use carefully. For purposes of these Terms of Use, “Baby+Company” means and includes each of the Baby+Company-branded centers and affiliates, Maternity Centers of America LLC, and its/their affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns. By accessing, viewing, and/or using (each, a “use”) the Website, each user (individually, “User” or “you” and collectively, “Users”) understands and agrees to be bound by all terms and conditions contained in these Terms of Use. If you object to anything in these Terms of Use or otherwise do not understand or agree to be bound by such agreements, do not use the Website and exit immediately.

Important Note: The Baby+Company Notice of Privacy Practices is a separate document that governs how medical information about you may be used and disclosed by Baby+Company. The Notice of Privacy Practices is available at [INSERT LINK].

Baby+Company may update these Terms of Use at any time and without providing notice to you. Users are encouraged to carefully review these Terms of Use upon each visit to this Website for the latest information.

1. Acceptance of Terms of Use Agreement. These Terms of Use set out the legally binding terms and conditions applicable to your use of the Website. These Terms of Use include Baby+Company’s Privacy Policy and Notice of Privacy Practices, which are incorporated herein by reference. In addition, by using the Website, User understands and agrees that these Terms of Use were provided to User and that User had an opportunity to review and decline to accept these Terms of Use; provided, that declining to accept shall require User to immediately exit and refrain from further utilizing the Website.

2. Use of the Baby+Company Services – NOT FOR EMERGENCIES. The Baby+Company Website is NOT FOR use for medical EMERGENCIES. Users who believe they are experiencing life-threatening health conditions should call 911, call their regular physician, or go directly to an emergency room.

3. Use of Information. From time to time, Baby+Company may make certain information about its services, providers, and locations available on the Website. Baby+Company may also make available general healthcare, medical, or nutritional information. All information made available on the Website is intended to be used solely for informational and educational purposes. The information available through the Website is not intended to be a substitute for, nor shall it constitute, professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.

4. Use of the Baby+Company Website. User agrees to use the Website in a manner that is lawful, relevant, and proper to the applicable forum. Any use of the Website that Baby+Company, in its sole discretion, finds inappropriate and/or offensive may result in Baby+Company’s suspension and/or termination of a User with or without notice. Baby+Company reserves the right, in its sole discretion, to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. Each such suspended and/or terminated User agrees to make no further use of the Website after termination or during suspension. User understands and agrees not to, and not to permit or encourage anyone else to:

  1. Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;

  2. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;

  3. Use the Website for any purpose that is in violation of local, state, national, or international law;

  4. Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;

  5. Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;

  6. Take any action that would undermine any aspect of the Website;

  7. Attempt to gain unauthorized access to the Website, other User accounts, or other devices, computer systems or networks connected to the Website;

  8. Advertise or offer to sell any goods or services for any commercial purpose on the Website that are not appropriate or relevant to the Website;

  9. Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Website, except where sponsored or created by Baby+Company;

  10. Impersonate another person or allow any other person or entity to use User’s user name or password;

  11. Post the same content repeatedly or spam – spamming is strictly prohibited;

  12. Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Website;

  13. Access, download, or copy any information, content and/or materials from the Website through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);

  14. Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Website; or

  15. Restrict or inhibit any other User from using and enjoying the Website.

Baby+Company reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Baby+Company in its sole discretion. User may report any alleged improprieties by any User to Baby+Company by email at info@BabyAndCompany.com.

5. Account Security. User is solely responsible for maintaining the confidentiality of passwords and account information for the Website, and User is solely and fully responsible for all activities that occur under User’s account. User agrees to immediately notify Baby+Company of any unauthorized use of accounts or any other breach of security.

6. Links to Third Party Websites. The Website may contain links to third party websites, which links are provided solely for convenience. User understands and agrees that Baby+Company does not control or endorse such third party websites, any products or services that are made available by such third parties, or any advertisements displayed on, through or in connection with such third party websites. User understands and agrees that use of such third party websites is at User’s sole risk, that such third party websites are governed by such third party’s terms of use and privacy policies, and that Baby+Company is not responsible for the privacy practices or other policies of such third party websites. Baby+Company expressly disclaims, and each User expressly releases Baby+Company from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to such third party websites, including without limitation each such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services.

7. COPPA Compliance. The Website is not developed nor intended for children. Therefore, Baby+Company will not use the Website to knowingly collect any information from anyone under the age of 18 unless such individual has been legally emancipated. Baby+Company expressly disclaims, and each User expressly releases Baby+Company from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. Baby+Company reserves the right to suspend and/or terminate with or without notice the subscription of any User who it believes has provided false information when registering for and/or using the Website, and each User agrees to make no further use of the Website after any such termination and/or during suspension.

8. User Information. “User Information” is defined as any information, content and/or materials User posts the Website, submits to Baby+Company on or through the Website or by any other medium or method. Baby+Company will use User Information in accordance with Baby+Company’s Privacy Policy. Users are solely responsible for their User Information.

User medical information collected or transmitted via the Website, if any, will be subject to the Notice of Privacy Practices. User understands and agrees that User should not disclose medical information when communicating with Baby+Company Website customer support, either by email at info@BabyAndCompany.com, by phone, or by any other means, and that any medical information so disclosed may not be subject to federal or state medical privacy regulations. Baby+Company expressly disclaims, and each User expressly releases Baby+Company from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts of or reliance upon by other Users or Medical Service Providers with respect to such User Information.

9. IndemnificationUSER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BABY+COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEY’S FEES AND COURT COSTS, INCURRED BY BABY+COMPANY IN ANY WAY RELATED TO USER’S: (A) ACTS AND/OR OMISSIONS TO ACT; (B) BREACH OF THESE TERMS OF USE; (C) USE AND/OR MISUSE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREON; (D) VIOLATION OF ANY APPLICABLE LAW OR REGULATION; (E) MISSTATEMENTS AND/OR MISREPRESENTATIONS; (F) USE OF LINKS TO THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION SUCH WEBSITES’ AVAILABILITY, TERMS OF USE, PRIVACY POLICY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, PRODUCTS AND/OR SERVICES; (G) USER INFORMATION AND ANY ACTS, OMISSIONS, OR INACCURACIES WITH RESPECT TO SUCH USER INFORMATION; AND/OR (H) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE WEBSITE. USER FURTHER AGREES TO COOPERATE AS REQUESTED BY BABY+COMPANY IN THE DEFENSE OF SUCH CLAIMS. BABY+COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND USER SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF BABY+COMPANY.

10. Suspension and Termination. Baby+Company may suspend and/or terminate a User’s use of the Website for any reason or for no reason at all and with or without notice, all in Baby+Company’s sole discretion. Suspension and/or termination may include restricting access to and use of the Website and, subject to applicable laws, may also include the deletion of the content associated with the User. Each such suspended and/or terminated User agrees to make no further use of the Website during suspension or after termination. These Terms of Use will remain enforceable against such suspended and/or terminated User even after such User is terminated or suspended. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.

11. Intellectual Property Rights. All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) on the Website is owned by Baby+Company or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Baby+Company also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. User may not copy, download, use, redesign, reconfigure, or retransmit anything from the Website without Baby+Company’s prior express written permission. Furthermore, User is not allowed to post, distribute or reproduce any User Information that he or she does not own, or which he or she does not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and may subject User to termination or suspension from the Website and/or civil and/or criminal penalties. In addition, the Website contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Baby+Company and/or the relevant right holder.

The service marks, trademarks, logos and trade names appearing on the Website are owned by Baby+Company or are appearing on the Website with permission of the respective owners, and User acknowledges the rights of Baby+Company and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.

12. Copyright Complaints and Copyright Agent. Baby+Company may terminate any User who infringes the rights of others upon receipt of notification to Baby+Company by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. Upon receipt of proper notice of claimed infringement under the DMCA, Baby+Company will use commercially reasonable efforts to respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Website in a way that constitutes copyright infringement, please provide Baby+Company’s designated agent with the following information:

  1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Website where the material the User claims is infringed is located. Include enough information to allow Baby+Company to locate the material;

  3. Your address, telephone number, and e-mail address;

  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

  5. A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Baby+Company’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail info@BabyAndCompany.com, with the subject line “DMCA.”

13. No Third Party Beneficiaries. User understands and agrees that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.

14. Limited License. Baby+Company grants User a nonexclusive, revocable right to use the Website for the authorized purposes stated in these Terms of Use, provided that User does not: (A) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code; (B) modify or attempt to modify the Website in any manner or form; or (C) violate these Terms of Use.

15. Modifications to the Website. Baby+Company reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Website and/or any information, materials or content on the Website with or without notice to Users. User agrees that Baby+Company shall not be liable to User or any third party for any modification or discontinuance of the Website or any portion thereof.

16. No Joint Venture. User acknowledges that it is not legally affiliated with Baby+Company in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by User’s use of the Website or these Terms of Use. As such, User shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on Baby+Company, except as provided herein or authorized in writing by Baby+Company.

17. Limitations on Use. In the interest of maintaining the performance and availability of the Website and in enforcing these Terms of Use, Baby+Company reserves the right to place certain limitations on Users’ access to the Website. User acknowledges that this term supersedes any specific offer made by Baby+Company, and that these limitations may be enforced in Baby+Company’s sole discretion. If User feels that these limitations are interfering with legitimate use of Baby+Company in keeping with the Terms of Use, User agrees to refer this concern to Baby+Company and abide by the determination of Baby+Company.

18. Disclaimer of WarrantiesTHE WEBSITE, AND ANY INFORMATION AVAIALBLE THEREIN, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. BABY+COMPANY DOES NOT REPRESENT, OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE WEBSITE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE. BABY+COMPANY FURTHER MAKES NO REPRESENTATION REGARDING ANY ACTS OR OMISSIONS OF USER OR OTHER USERS. BABY+COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. BABY+COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. BABY+COMPANY SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES BABY+COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE, USER’S USE OF INFORMATION OBTAINED FROM THE WEBSITE, OR ANY OTHER USER’S USE OF THE WEBSITE.

19. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL BABY+COMPANY BE LIABLE TO USER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR FOR ANY FEES OR PENALTIES WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE WEBSITE OR CONNECTIVITY TO OR FROM THIS WEBSITE IN ANY MANNER, OR YOUR OR ANY OTHER PARTY’S USE OF THE INFORMATION FOUND ON THIS WEBSITE.

20. Notice. Any notice or other communication to be given hereunder shall be in writing and given by postpaid registered or certified mail return receipt requested, or electronic mail to the address listed below.

21. Venue. Any controversy, claim, suit, injury or damage arising from or in any way related to the Website or Terms of Use shall be settled by a court of competent jurisdiction located in the State of Delaware and, by accessing the Website, User hereby agrees and consents to the jurisdiction of and venue in such courts. Each party shall assume its own costs associated with any dispute resolution process.

22. General Provisions. Failure by Baby+Company to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects or use of the Baby+Company Services, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. These Terms of Use, including the Privacy Policy and Notice of Privacy Practices, constitute the entire agreement between User and Baby+Company with respect to the Website. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.

23. Contact. Baby+Company may be contacted at:

By email: info@BabyAndCompany.com

By mail: 590 New Waverly Place, Suite 210, Cary, North Carolina 27518

Baby and Company