Baby Basics Inc. Terms of Use

These terms of use are effective as of April 7, 2009.

• Terms of Use
• Release, Warranty and Disclaimer
• Proprietary Information
• Miscellaneous
• Your Privacy
• Questions?  Concerns?  Suggestions?

Terms of Use

By accessing, browsing and/or using the Baby Basics Inc. (“Baby Basics”) website (the “Site”), you acknowledge that you have read, understood and agreed to be bound by these terms of use (“Terms of Use”), including the Privacy Policy (collectively, the “Terms”), which may be updated by Baby Basics from time to time without prior notice to you.  You agree that the Terms, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized.

The Site may include links to other websites, such as government or health agencies that can provide you with additional information or links to related resources.  Baby Basics is not responsible for and does not endorse such sites and resources.

You agree to comply with all applicable United States laws and regulations and recognizing the global nature of the Internet, should you reside outside the United States, all applicable laws regarding online conduct and transmission of technical data exported from the United States or the country in which you reside.

Release, Warranty and Disclaimer

By using the Site, you agree to release, discharge and hold harmless Baby Basics from any and all losses, damages, rights, claims, actions of any kind and injury arising out or relating to the Site or any act or omission by any person, including without limitation, any dispute between you and any other person or any content posted on the Site.  If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”  You agree to indemnify and hold Baby Basics harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of or relating to the Site, including without limitation, any content available on the Site, your use of the Site, your connection to the Site, your violation of the Terms or your violation of any right of another.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BABY BASICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT

Baby Basics neither makes any warranties about the Site or the information contained herein, nor assumes any liability for use of this Site. Baby Basics does not warrant or make any representations regarding the use or the results of the use of this Site in terms of its quality, correctness, security, accuracy, reliability, or otherwise.  In no event shall Baby Basics, it employees, volunteers, directors, officers, agents, or related entities, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, indirect, punitive, incidental, special, exemplary or consequential damages or damages for loss of profits, including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Baby Basics has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on this Site, the use or inability to use the Site, any linked site or resource or any other matter relating to the Site.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations may not apply to you.  If you are dissatisfied with the Site or with these Terms, your sole and exclusive remedy is to discontinue use of the Site.

Baby Basics reserves the right to modify or discontinue, temporarily or permanently, this Site or any part thereof with or without notice.

Proprietary Information

All materials contained on this Site, including the Baby Basics name and logo, are protected by copyright, patent, trademark, trade dress, trade secret or other proprietary rights and laws. All rights in such materials are reserved to their respective owners.  You agree not to use, copy, modify, frame, scrape, distribute, sell or create derivative works based on the Site or the materials contained therein, in whole or in part, without the express written permission of Baby Basics.

Miscellaneous 

The Terms constitute the entire agreement between you and Baby Basics and governs your use of the Site, superseding any prior agreements between you and Baby Basics with respect to the Site. The Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Baby Basics agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Suffolk County, Massachusetts.  The failure of Baby Basics to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to the Terms or other matters by displaying notices or links to notices generally on the Site.

Your Privacy

At Baby Basics, we respect the privacy of our users. For details, please see our Privacy Policy.  By accessing, browsing and/or using this site, you consent to our collection and use of personal data as outlined therein.

Questions?  Concerns?  Suggestions?

Please contact us at babybasicsinc@hotmail.com to report any violations of the Terms or to pose any questions regarding the Terms.