Fresh Baby LLC ("Fresh Baby") Web site Terms and Conditions of Use Agreement
Please read these terms and conditions carefully before using this Web site.
By using this website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this website. We reserve the right, at our discretion, to change these Terms and Conditions at any time.
Copyrights and trademarks
This Web site is owned and operated by Fresh Baby and is copyright protected. All materials on this site, including, but not limited to, text, images, illustrations, postings, audio clips, video clips (the "Materials") are protected by copyrights that are owned or licensed by Fresh Baby. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.myfreshbaby.com or any other web site or email transmission owned or operated by Fresh Baby without the prior written permission of Fresh Baby. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of Fresh Baby's copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from Fresh Baby.
Fresh Baby is not responsible for the content of any sites that may be linked to or from www.myfreshbaby.com, our email communications, or any other site owned, operated by, or affiliate with Fresh Baby. These links are provided for your convenience only and you access them at your own risk.
Restrictions on Use of Information
While Fresh Baby attempts to keep the information on this website accurate, complete, and up-to-date, the information is intended solely as a general education aid and is neither medical advice for any individual problem you or your child may have, nor a substitute for medical advice and services from a qualified doctor or pediatrician. Always seek the advice of your physician or pediatrician regarding a particular medical condition. Nothing contained in this Web site is intended to be used as medical advice, diagnosis, or treatment. Fresh Baby assumes no responsibility for any damage, injury or loss relating directly or indirectly to any action or inaction you take based on the information provided on this website.
Fresh Baby shall have the right at any time to impose, change or modify these terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any reasonable means including, but not limited to, posting on this website a revised version of these terms and conditions. Any use of this website by a visitor after such notice shall conclusively be deemed to constitute acceptance by the visitor of such changes, modifications, additions or deletions. Each visitor agrees to review these terms and conditions periodically to be aware of such revisions.
Your Communications to Fresh Baby
Fresh Baby welcomes your comments on Fresh Baby's products and its website. However, in your communications with Fresh Baby, please keep in mind that it is Fresh Baby's policy not to accept or consider creative ideas, suggestions relating to products or marketing ideas, unless it has specifically requested them. Therefore, we must ask that you do not send us any original creative materials such as ideas for products, or any other creative suggestions, notes, drawings, concepts, or other information. While we value your feedback on our products, we ask that you be specific in your comments and not submit any creative ideas, submissions or materials. Any submissions you send to us at our request (e.g., postings to discussion group, feedback on a survey or suggestions by electronic mail) or, any original creative ideas, notes, drawings, concepts or other information that you send us despite our request that you do not send us such materials (collectively, the "Submissions") shall be deemed and shall remain the property of Fresh Baby.
Submissions shall not be subject to any obligation of confidence on the part of Fresh Baby and Fresh Baby shall not be liable for any use or disclosure of any Submissions. Fresh Baby shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, and Fresh Baby is free to use any Submissions for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information without compensation to the provider of the Submission. This paragraph is not intended to apply to any personal information about you (such as name, mailing address, and e-mail address). See Fresh Baby's Privacy and Security Policy for our policies related to use of personal information.
By using this web site and/or posting Materials, you agree to indemnify Fresh Baby, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of this agreement or for any content that is provided by you or through your user I.D. and/or password. You agree to cooperate as fully as reasonably required in the defense of any claim. Fresh Baby reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
FRESH BABY'S WEB SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. FRESH BABY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FRESH BABY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE WEB SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FRESH BABY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE EVEN IF FRESH BABY OR A FRESH BABY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FRESH BABY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.
You agree to indemnify, defend and hold harmless Fresh Baby, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to
(i) your violation of these Terms and Conditions
(ii) your posting of material to this Web site.
Fresh Baby shall have the right, but not the obligation, to monitor the content of any visitor's e-mail or discussion group comments to determine compliance with these terms and conditions. Fresh Baby shall have the right, in its sole discretion, to edit, refuse to post, remove or disclose any material submitted to or posted on this website. Notwithstanding this right of Fresh Baby, visitors to the website shall remain solely responsible for the content of their messages.
These Terms and Conditions are effective unless and until terminated by either you or Fresh Baby. Fresh Baby may, in its sole discretion, terminate or suspend your access to all or part of the site, including, but not limited to, any discussion groups on its site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by Fresh Baby, your sole remedy is to terminate this Agreement.
This site is controlled and operated by the Fresh Baby from our headquarters in Petoskey, Michigan. Fresh Baby does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. This agreement will be governed by and construed in accordance with the laws of the State of Michigan, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site will be brought in either the State or Federal Courts of Michigan. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and the Company concerning your use of the site, and the Agreement will not be modified, except in writing, signed by both parties.
Conditions of Use
This Web site is a service is provided by Fresh Baby, LLC, a Limited Liability Company in the State of New York to you ("you" or "user"), subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by Fresh Baby. This service is provided to users who agree to abide by the terms and conditions of this Agreement. Fresh Baby reserves the right to change the nature of this relationship at any time. Users who violate the terms of this Agreement will have their access canceled and they may permanently be banned from using the Fresh Baby service.
USE OF THIS WEB SITE WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER MYFRESHBABY.COM.
Questions, Complaints, and Suggestions
Should you have any questions or complaints regarding violations of this Agreement, please contact Fresh Baby, LLC, 250 water Street, Suite 206, Petoskey MI 49770, 231-348-2706. or firstname.lastname@example.org