Terms & Conditions

1. Terms

This Terms of Service Agreement (“Agreement”) by and between DIGITALPOINT OÜ (an Estonian company) (“we”, “us”, “our” or “BabyAdvisor”) and you (“you”, “your” or “User”) governs your use of www.Babadvisor.org (the “Site”), together with all information, content, products, materials and services made available to you through the Site by us and/or third parties (which, together with the Site, shall be collectively and individually referred to as the “Services”). By accessing the Site, you are agreeing to be bound by these Terms and Conditions, as well as those contained in our Privacy Policy, which are hereby incorporated and shall be binding on you like any other contractual provisions.  If you do not agree with any of these terms, you are prohibited from using or accessing the Site. When we refer to the “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. In addition to the applicable terms and conditions on our Site, this Agreement, together with our Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services. In consideration for your use of the Site, you represent and warrant you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information when and if prompted by the relevant portions of the Site.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on BabyAdvisor.com for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on BabyAdvisor.com;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BabyAdvisor at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on BabyAdvisor’s web site are provided “as is”. We are aware that this can be a sensitive area and so wish to be clear that all guides, reviews and information and any other material is provided for general information purposes only and we do not in any way condone, promote or encourage, and are not condoning, promoting or encouraging, any criminal or illegal activity, breach of contract, or damage, harm or injury to another person.

Your actions are your responWE PROVIDE ANY AND ALL SERVICES AND INFORMATION ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Site or otherwise relating to such materials or on any websites linked to this Site.sibility. You are entirely and solely responsible for making your own decisions and should take your own legal advice if you have any concerns, doubts or queries about your actions and any consequences.

4. Limitations

In no event shall BabyAdvisor or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on BabyAdvisor, even if BabyAdvisor or a BabyAdvisor authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on BabyAdvisor could include technical, typographical, or photographic errors. BabyAdvisor does not warrant that any of the materials on its web site are accurate, complete, or current. BabyAdvisor may make changes to the materials contained on its web site at any time without notice. BabyAdvisor does not, however, make any commitment to update the materials.

6. Links

As a courtesy to our users, we may provide links to other websites or resources owned and operated by third parties. We have no control over such websites and resources; therefore, you acknowledge and agree we are not responsible for the availability of such external websites or resources and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such websites or resources. You further acknowledge and agree we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on, any such content, goods or services. Use of any such content, goods or services is at the user’s own risk.

7. Site Terms of Use Modifications

We reserve the right to modify the terms of this Agreement or any other terms and conditions on the Site at any time, without notice, and it is your responsibility to periodically review the Site, along with this Agreement, for revisions. Revisions to terms and conditions on the Site and/or this Site become effective immediately upon posting (the “Effective Date”). By using the Site you are agreeing to be bound by the most current version of these Terms and Conditions.

8. Attorneys’ Fees And Legal Expenses

If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and/or arbitrator, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).

9. Entire Agreement

This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing or Site posting by BabyAdvisor. The Site, as posted and amended in the future, and this Agreement, as posted and amended in the future, shall be the valid document respecting the rights and obligations of you and BabyAdvisor.

 

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