Last Updated: February 10, 2023
These Babyation Terms of Service, as may be modified or amended from time to time (“Terms”) are a binding contract between Babyation, Inc. (the “Company” or “Babyation”), on the one hand, and you (“you”), on the other hand. For purposes of these Terms, the terms “we,” “us,” and “our” will mean the Company unless context indicates otherwise.
BEFORE USING THE BABYATION WEBSITE, MOBILE APPLICATION (COLLECTIVELY, THE “SITE”) OR ANY BABYATION INTERNET ENABLED DEVICES (e.g., THE PUMP) (“IoT DEVICES”) (COLLECTIVELY OUR “SERVICES”), PLEASE READ THESE TERMS CAREFULLY. SECTION 16 INCLUDES A MANDATORY ARBITRATION PROVISION, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 16.
- DESCRIPTION OF SITE AND SERVICES; MINIMUM AGE REQUIREMENT
The Site and Services provide a way for you to purchase and learn more about our products and Services, enable and track the use of your IoT Devices, track and record your breast and bottle feeding experience, and to stay connected with Babyation and its users. Our products, Services, and IoT Devices are not intended to diagnose, cure, treat, manage, alleviate or prevent any disease or health condition.
We do not in any way guarantee the accuracy of the data collected and presented through the Services or IoT Devices, which are not intended to match that of other medical devices or scientific measurement devices. OUR SERVICES DO NOT PROVIDE ANY MEDICAL ADVICE OR OPINIONS, AND ANY INFORMATION FROM OUR SERVICES IS NOT INTENDED TO SERVE AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL.
You must be at least 18 years old to use this Site and Services. The Company may also from time to time impose other conditions on usage of this Site. We will notify you, if and when, these changes occur.
- MODIFICATIONS TO TERMS
You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms. Such modifications will be effective immediately upon posting of the modified Terms to the Site. Your continued use of the Site or Services following the posting of changes to these Terms will mean that you accept those changes. To update the Terms, we will post both the changed version and its effective date on the Site. It is your responsibility to check back regularly to review these Terms and any updates thereto. In addition, when using particular services, you are subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
- MODIFICATIONS TO SITE
You may use the Site and Services only when and as available. Unless explicitly stated otherwise, any new features that augment or enhance the current Site or Services, shall be subject to these Terms. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site or Services (or any part thereof) without notice. We will not be liable to you or any third-party for any such modification, suspension, or discontinuance.
To purchase and use certain Babyation products and Services, you must first complete the Site registration process to create an account with a user name and password or login to your account on our Services by means of a third-party platform (such as Google) (collectively, the “Account”). You agree to provide accurate, current and complete information when accessing or creating the Account and when using the Site. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness. If you provide any information that is inaccurate, not current, or incomplete or we have reasonable ground to suspect that such information is inaccurate, not current, or incomplete, we have the right without liability to suspend or terminate your Account and refuse any and all current or future use of the Site or Services (or any portion thereof).
- MEMBER ACCOUNT; PASSWORD; SECURITY
You agree to safeguard your username and password, and you authorize us to accept any use of the Site or Services through your Account as use by you or someone authorized to act for you. You agree to be liable for any transactions associated with your Account. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree to (a) immediately notify us of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. You agree and acknowledge that your Account is non-transferable and non-assignable. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- POSTING CONTENT
You are entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) that you upload, post, email or otherwise transmit via the Site or Services. We do not claim ownership of the Content you upload, post, email or otherwise transmit via the Site or Services unless otherwise specified. However, by posting, uploading, inputting, providing or submitting Content, you grant us, our affiliated companies, our third party contractors, necessary sub-licensees and successors and assign a nonexclusive, worldwide, royalty-free, perpetual, non-revocable license to use your Content in connection with the operation of the Site or Services, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content and to publish your name in connection with your Content. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of any of us, our agents and employees, our users and the public. You understand that the technical processing and transmission of the Site and/or Services, including your Content, may involve (x) transmissions over various networks; and (y) changes to conform and adapt to technical requirements of connecting networks or devices.
- PROHIBITED CONTENT
You agree not to upload, post, email, or otherwise transmit through the Site or Services any Content or any other materials whatsoever that are or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third-party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third-party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses, bugs, trojan horses, worms, backdoor or any other computer code and any time bomb or drop dead devices, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws); or (h) inconsistent with the purposes or objectives of this Site or Services, as determined in good faith by us.
- PROHIBITED CONDUCT
You agree not to do, or attempt to do, any of the following: (a) access or use the Site or Services other than as is expressly allowed by these Terms or in any manner harmful to us or any other user of the Site or Services; (b) access or use the Site or Services in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (c) access, tamper with, or use the Site or Services in a manner not authorized; (d) “stalk” or otherwise harass another user of the Site or Services; (e) alter information obtained from or available through the Site or Services; (f) tamper with postings, registration information, profiles, submissions or Content of other users; (g) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or Services; (h) extract data or gather or use information available through the Site or Services through any means not intentionally made available or provided for through the Site or Services; (i) transmit any unsolicited advertising, “junk mail, ” “spam, ” or “chain letters; ” (j) advertise or offer to sell or buy any goods or services except as expressly permitted by a specific area of the Site; (k) frame any part of the Site or Services, or link to the Site or Services, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by us; (l) impersonate or misrepresent your affiliation with any person or entity; (m) manipulate identifiers in order to disguise the origin of Content transmitted through the Site or Services; (n) reverse engineer any aspect of the Site or Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, Content or code of the Site or Services (except as otherwise expressly permitted by law); (o) send to or otherwise impact Us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware, ” “adware, ” or other code that could adversely impact the Site or Services or any recipient; (p) interfere with or disrupt the Site, Services, or server or network connected to the Site or Services, take any action that might impose a significant burden (as determined by us) on the Site’s or Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site or Services; or (q) use the Site or Services in any manner that is inconsistent with the purposes or objectives of this Site or Services, as determined in good faith by us.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- MONITORING OF CONTENT
We are under no obligation to restrict or monitor Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT REGULARLY MONITOR THE ACCURACY, RELIABILITY, OR QUALITY OF CONTENT. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third-parties, including other users, are those of the respective author(s) or distributor(s) and not ours. We do not endorse and are not responsible for the accuracy, reliability, or quality of any opinion, advice, information, or statement made through the Site or Services. You understand that by using the Site or Services, you may be exposed to Content that is offensive, indecent, or objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Site or Services.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- EXCEPT TO THE EXTENT EXPRESSLY STATED OTHERWISE, THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE AS TO THE OPERATION OF THE SITE, SERVICES, OR THE INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE OR SERVICES.
- EXCEPT TO THE EXTENT EXPRESSLY STATED OTHERWISE, WE MAKE NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR ANYONE ELSE. WE DO NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND ON THE SITE OR SERVICES AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO THE SITE AND ANY OTHER ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SITE.
- EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT WE, AND OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTRACTORS AND SERVICE PROVIDERS, OR SUPPLIERS WILL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL OUR AGGREGATE LIABILITY OR THE AGGREGATE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTRACTORS AND SERVICE PROVIDERS, AND SUPPLIERS TO YOU EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US FOR USE OF OUR SERVICES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS APPLY EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
- EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
- Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Babyation and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and Babyation agree that any dispute arising out of or related to these Terms or the use of our Site or Services is personal to you and Babyation and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or Babyation seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Babyation seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Babyation waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms, our Site, or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Babyation you agree to first contact Babyation and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Babyation by email at email@example.com or by certified mail addressed to Babyation Inc., 11777 Lackland Road, St. Louis, MO 63146 . The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Babyation cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in St. Louis County, Missouri unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 16, a “consumer” means a person using the Site or Services for personal, family or household purposes. You and Babyation agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
(c) You and Babyation agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Babyation, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) You and Babyation agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Babyation will pay the remaining JAMS fees and costs. For any arbitration initiated by Babyation, Babyation will pay all JAMS fees and costs. You and Babyation agree that the state or federal courts of the State of Missouri and the United States sitting in St. Louis County, Missouri have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Babyation will not have the right to assert the claim.
(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16 by sending a letter or other written notice to: Babyation, Inc., 11777 Lackland Road, St. Louis, MO 63146. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.
(h) If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.
- NO RESALE OF SITE
Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
- USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning use of the Site or Service. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site or Services. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
We may, at any time and in our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site or Services, and/or your Account, or suspend or block your access to the Site. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of service may be referred to appropriate law enforcement authorities. We may also in our sole discretion and at any time discontinue providing the Site or Services, or any part thereof, with or without notice. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site or Services. The provisions entitled “Posting Content,” “Indemnification,” “Disclaimer of Warranties,” “Dispute Resolution; Binding Arbitration,” “Exclusion of Damages;” Limitation of Liability” and “Additional Terms” and the Privacy Statement will survive termination of these Terms. For the avoidance of doubt, our license rights to Content will survive any termination of these Terms and will not be limited, restricted, reduced or otherwise negatively affected by any termination or other action described in this paragraph.
- DEALINGS WITH MERCHANTS; LINKS
Advertisements, offers, or links to other websites and resources of third-parties that we do not control may be found on or through the Site or Services. Such advertisements and information may or may not be or remain wholly accurate. You acknowledge and agree that we are not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the Content, advertising, or products or services on or available from such sites or resources. The inclusion of any link through the Site or Services does not imply that we endorse the linked site. You use the links at your own risk.
- PROPRIETARY RIGHTS
You acknowledge and agree that the Site and Services and any necessary software used in connection with the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Site or Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, Services, or the Software, in whole or in part.
For any Software utilized in accessing the Site or Services, we grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third-party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services. You agree not to access the Site or Services by any means other than through the interface that is provided by us for use in accessing the Site or Services. Any rights not expressly granted herein are reserved.
- TRADEMARK INFORMATION
Babyation and other Company logos and product and service names are trademarks of the Company (the “Marks”) respectively. Without the Company’s prior written permission, as applicable, you agree not to display or use the Marks in any manner whatsoever.
- COPYRIGHT INFRINGEMENT
If you believe your work has been reproduced in a way that constitutes copyright infringement, you may provide a notice to our copyright agent. We respect the intellectual property rights of others and request that the people who use the Site and Services do the same. If you believe that your work has been copied and is accessible through the Site or Services in a way that constitutes copyright infringement, You may notify us by providing our copyright agent with the following information in writing:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (for example, by providing a URL to the material);
- Your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement can be reached at firstname.lastname@example.org.
- NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, we will give you any notices by posting them on the Site. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site. You authorize us to provide notice (including without limitation notice of subpoenas or other legal process, if any) to any email or other address that you provide during registration. You agree to keep your address current and that notice provided by us to the address that you have most recently provided will constitute effective notice. You agree to send us any notice to our email address for Legal Notices related to the Site which is: email@example.com.
You can otherwise contact us at: 844-744-PUMP. If you would like more information or have a complaint about our Site or Services, please contact us at: firstname.lastname@example.org.
- ADDITIONAL TERMS
- Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the Site or Services may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to communicate with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to uou.
- Compliance with Laws. You are responsible for compliance with all applicable laws.
- No Agency; No Third-Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither you nor we intend that any third-party will be a beneficiary of or entitled to rely on any part of these Terms.
- Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
- No Assignment. These Terms are personal to you, and you may not transfer, assign or delegate these Terms to anyone without our express written permission. Any attempt by you to assign, transfer or delegate these Terms without our express written permission will be null and void. We shall have the right to transfer, assign and/or delegate these Terms to one or more third-parties without your permission.
- Jurisdiction; Choice of Law; Export Limitations. The Site is controlled and primarily operated by us in the United States. You are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations, other applicable laws or regulations, or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site or Services will be governed by the laws of the State of Missouri without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Missouri, St. Louis County. In case of any dispute related to the Site or Services, you agree (i) to submit to personal jurisdiction in St. Louis, MO, and (ii) that exclusive jurisdiction and venue shall lie in the state and federal courts located in the St. Louis, Missouri.
- Limitations on Actions. Any action concerning any dispute You may have with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
- Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
- Entire Agreement. These Terms (including terms incorporated into them, as well as any additional terms or conditions contained on the Site or Services for particular activities, and disclosures provided by us and consents provided by you on the Site comprise the entire agreement (the “Entire Agreement”) between you and us with respect to the use of the Site and Services and supersedes all prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
- No Waiver. Our failure to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or our right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
26. Anti-Fraud Protection. Babyation and our e-commerce partners may review orders for the potential of fraud. By purchasing any of Babyation's products, you or anyone acting on your behalf agree(s) to the following:
- You are a person and not a bot.
- You are using a payment method for which you are an authorized user and your order’s billing street address matches your payment method’s registered address.
- You are located in the United States and this product is primarily for use within the United States. This product will not be sent, nor caused to be sent by a freight forwarder or other service, outside of the country. You will not distribute any of Babyation’s products to a third party.
- You will use this device as intended, and you will not modify it in any way. You will not use any of Babyation’s products (including the breast pump, accessories, and tubes) in any way other than how they are intended to be used as described in the accompanying user manual. You will not, nor will you permit anyone else to, reverse engineer, disassemble, take apart, or create any derivative works of any of Babyation’s products (including both hardware and software products) unless you obtain express written consent from an officer of Babyation.
- You recognize that Babyation’s products are covered by one or more domestic and international patents and trademarks (see https://babyation.com/patents), and you will respect the company’s intellectual property.
- You will not use any of Babyation’s products (including the breast pump, accessories, and tubes) in any clinical trials, comparative testing, and/or demonstrations unless you obtain express written consent from an officer of Babyation. You recognize that breast pumps and certain accessories are regulated medical devices and will not knowingly use the product counter to any published government guidelines.