GRANT OF LICENSE
BabyAge grants you a single, non-exclusive, limited personal license to access and use the website conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the website.
ACCESSING THE WEBSITE
With the exception of applications commonly known as Web Browser software, or other applications formally approved by BabyAge.com in writing, you agree not to use any software, program, application or any other device to access or log on to BabyAge's computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from BabyAge.com's computer systems, Web site or proprietary software. BabyAge.com is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the website in particular.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
Much of the information on the website is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the website without our prior written permission, or that of the appropriate third party. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BabyAge and our affiliates without express written consent. You may not use BabyAge's name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying BabyAge in any meta tags, "hidden text", information used by search engines or other information tools to identify and select sites without the express written consent of BabyAge.
INFORMATION AND PRODUCT DESCRIPTIONS
The website may make available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively "Information") that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the "Information Providers"). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through BabyAge.com, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). You agree that neither BabyAge, the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither BabyAge, the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the website. You understand that none of the Information available through the website constitutes a recommendation or solicitation to take or not take any particular action.
Further, BabyAge does not warrant that product descriptions on the website are accurate, complete, reliable, current, or error-free. If a product offered by BabyAge itself is not as described, your sole remedy is to return it promptly in unused condition.
The website may permit you to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. BabyAge reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant BabyAge and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and/or content throughout the world in any media. You grant BabyAge and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BabyAge or its affiliates for all claims resulting from content you supply. BabyAge has the right but not the obligation to monitor and edit or remove any activity or content. BabyAge takes no responsibility and assumes no liability for any content posted by you or any third party.
Without limiting any of the foregoing, BabyAge is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to BabyAge for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
OTHER BUSINESSES AND LINKS
Parties other than BabyAge and its subsidiaries may operate stores, provide services, or sell product lines on this site. In addition, BabyAge.com may provide a link to other services or sites as part of the website. Such sites are not under the control of BabyAge, and BabyAge makes no representations or warranties whatsoever of the offerings of, any of these websites, businesses or individuals or the content of their websites. Unless we expressly state otherwise, the fact that BabyAge has provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations. We does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BabyAge.com so long as the link does not portray BabyAge.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the BabyAge logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to BabyAge.com in any way that suggests BabyAge has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS
THIS SITE IS PROVIDED BY BABYAGE ON AN "AS IS" AND "AS AVAILABLE" BASIS. BABYAGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BABYAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BABYAGE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BABYAGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BABAYGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold BabyAge and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made by any third party arising out of your violation of these Terms.
The website, its content and compilation of content, and all software used on the website is owned by BabyAge or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons are proprietary to BabyAge or its affiliates or agents. The materials provided in this service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of BabyAge's, its affiliates' or its third party information providers' copyrights and other proprietary rights.
BabyAge and other marks (including graphics, logos, page headers, button icons, scripts, and service names) indicated on our site are trademarks or trade dress of BabyAge, Inc. in the United States and other countries. BabyAge's trademarks and trade dress may not be used in connection with any product or service that is not BabyAge's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BabyAge. All other trademarks not owned by BabyAge that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BabyAge.
MODIFICATIONS TO THE WEBSITE
BabyAge reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the website with or without notice. You agree that BabyAge will not be liable to you or to any third party for any such modification, suspension or discontinuance.
The license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the website. You further agree that BabyAge, in its sole discretion and with or without notice, may terminate your access to any or all of the website, and remove and discard any information or content within the website. You also agree that BabyAge will not be liable to you or any third-party for any termination of your access to the website.
These Terms shall be subject to and construed in accordance with the laws of the State of Pennsylvania, excluding its conflict of law principles. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
AGREEMENT TO ARBITRATE CONTROVERSIES
Any dispute relating in any way to your visit to BabyAge.com or to products you purchase through BabyAge.com or by phone shall be submitted to confidential arbitration in Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate BabyAge's intellectual property rights, BabyAge may seek injunctive or other appropriate relief in any state or federal court in the state of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.