Wise Baby, LLC (“Wise Baby,” “We,” “Us,” and/or “Our”) operates this website, TheWiseBaby.com (the “Website”). This agreement applies to all users of the Website.
BY ACCESSING, USING, REGISTERING WITH THIS WEBSITE OR PROVIDING US WITH YOUR INFORMATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND DO NOT WISH TO BE BOUND BY THEM, YOU SHOULD IMMEDIATELY LEAVE THIS WEBSITE AND CEASE USING AND ACCESSING THIS WEBSITE AND YOU ARE NOT GRANTED THE LICENSE TO USE THIS WEBSITE OR ANY OF THE SERVICES OR PRODUCTS PROVIDED.
We may modify the terms of this Agreement from time to time, so you should review it frequently. Each time you visit Our Website, provide Us with information, or log in to Our Website, you are accepting the most current terms of this Agreement. You can e-mail Us with any questions regarding this Agreement at email@example.com.
Availability of Products and Services. Wise Baby may make changes to any products, services, and other information shown on this Website at any time and may discontinue the operation, maintenance, or provision of this Website at any time without liability to you or any third-party. Not all of the products or services described on this Website may be available in all geographic areas, and the prices, specifications, and terms of sale for those products and services may vary from area to area and are subject to change without notice. The products and services described on this Website will be offered for sale only in jurisdictions where it is lawful to do so.
Eligibility. Use of this Website and the services provided by Wise Baby is void where prohibited. You must be at least eighteen (18) years of age to register, use or make any submission to this Website and you specifically represent that you are at least eighteen (18) years of age and that you have authority to register, use or submit to this Website. You may not access or use the Website if We have previously banned you from the Website or closed your account.
Links to Third-Party Websites. This Website may contain links to websites that are maintained and controlled by third-parties and not by Wise Baby. The third-parties maintaining and operating such websites are solely responsible for their websites’ content. We disclaim all liability for any information, materials, products, or services available on or offered through such third-party websites. We provide links to third-party websites solely as a convenience to you, but We do not endorse or sponsor any third-party or their products or services. Availability of a link to a third-party website from this Website does not create an affiliation or partnership between Wise Baby and any third-party. You should also be aware that third-parties have different terms and conditions and privacy policies governing use of their websites and may treat your personal information differently than Wise Baby does. We remind you to always use good judgment and discretion whenever browsing the Internet, especially when making purchases, obtaining information, or transmitting information. Companies and their logos featured on this Website may not be affiliated with Wise Baby.
Non Affiliation. Wise Baby does not claim to or imply to be directly affiliated with the manufacturer(s), brand(s), company(s) or retailer(s) of any products or services reviewed or listed on this Website, and in no way claim to represent or own their trademarks, logos, marketing materials, or products. None of the companies that produce, manufacture, promote, or distribute the products or services listed on this Website own, endorse, or promote the Website or Wise Baby.
Unauthorized Use. You agree not to use the Website for any illegal purpose, including, without limitation, transmitting any information that is unlawful, libelous, harassing, abusive, threatening, obscene, or invasive of another’s privacy, or that violates the rights of others. You also agree only to use this Website for your own personal purposes and not to make any unauthorized commercial use of this Website or any information contained therein.
Our Intellectual Property. You acknowledge and agree that Wise Baby, Our licensors, and/or Our service providers own and retain all rights to this Website and its original content, including without limitation, all original images, text, software, photos, sound recordings, graphics, videos, and trademarks. “TheWiseBaby.com”, “The Wise Baby” and The Wise Baby Logo are trademarks owned by Wise Baby. You may access and use the foregoing only for your own internal, informational, noncommercial purposes as expressly permitted under this Agreement. You may not copy any of the material on this Website, upload, post, publish, transmit, or distribute it in any way, or create other works based on it, without Wise Baby’s prior written consent. You may, however, make copies incidental to, and in the ordinary course of, your personal use of this Website, provided you do not remove or alter any copyright, trademark, or other notices or disclaimers. You agree not to “frame” or “mirror” any materials or third-party content contained on this Website on any other server or internet-based device without the advanced written permission of Wise Baby or its licensors, respectively. The limited license granted to you hereby terminates automatically, without notice to you, if you breach any of the terms hereof.
Links to this Website. This Website may be linked to by other websites on the World Wide Web or Internet which are not under the control of or maintained by Wise Baby. Such links do not constitute an endorsement of such other sites by Wise Baby and you agree that Wise Baby is not responsible for the content of such websites or your use of such websites. While Wise Baby encourages appropriate links to its Website, you may not use any of Wise Baby’s trademarks or logos as, or in conjunction with, a link to this Website or any other website without prior written permission from Wise Baby.
Submissions. You agree that all images, files or any other materials (“Your Content”) that you post, submit or transmit to Wise Baby are owned solely by you and that you assume total and exclusive responsibility and liability for the content thereof and the use thereof. You represent and warrant that you own and have permission or the right to submit, post or transmit Your Content and that your actions do not infringe, violate or otherwise misappropriate the rights, copyrights, intellectual property of any other person or entity.
- By your submission, posting or transmission of Your Content, you agree that Wise Baby has the right to use Your Content on Our Website as well as for marketing purposes for an unlimited time frame. By your submission, posting, or transmission of Your Content to Wise Baby, you hereby grant to Wise Baby a non-exclusive, royalty free, freely transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute Your Content through any media now known or developed in the future.
- You also agree that you will not upload or post any images or other content that is or may be threatening, profane, harassing, defamatory, unlawful, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or which may give rise to civil or criminal liability under any applicable law. You further agree that you will fully indemnify and hold Wise Baby harmless of, from and against any liability, loss, damages, costs and attorneys’ fees that may be alleged against or incurred by Wise Baby as a result of any and all claims by third-parties or law authorities related in any manner to Your Content or the use thereof regardless of whether or not Wise Baby pre-screens Your Content. Wise Baby reserves the right to edit or remove content which violates or which they reasonably believe violates any of the foregoing provisions or any law.
- Wise Baby does not warrant the accuracy or timeliness of materials or third-party content. Accordingly, you acknowledge that this Website may include certain inaccuracies or typographical errors which may affect the quality of materials and third-party content and you specifically completely release Wise Baby and its agents and employees from liability for any errors and/or omissions in the materials and third-party content, whether provided by Wise Baby or any third-party.
Disclaimer of Warranties AND LIMITATIONS OF LIABILITIES.
- PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF WISE BABY AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE “WISE BABY ENTITIES”). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
- THE WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE WISE BABY ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE WISE BABY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF ANY BUSINESS, SERVICE OR PRODUCT LISTING, RATING, OR REVIEW.
- THE WISE BABY ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD-PARTY, SUCH AS THE BUSINESSES LISTED ON THE WEBSITE OR THE WEBSITE’S USERS. ACCORDINGLY, THE WISE BABY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES, SERVICES OR PRODUCTS LISTED ON THE WEBSITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD-PARTIES THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
- THE WISE BABY ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE WEBSITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE WISE BABY ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE.
- THE WISE BABY ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE WEBSITE OR THIS AGREEMENT IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE WISE BABY ENTITIES IN CONNECTION WITH THE WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
- THE WISE BABY ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
- EXCEPT WHEN CAUSED BY OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, YOU AGREE TO INDEMNIFY, PROTECT, AND FULLY COMPENSATE THE WISE BABY ENTITIES FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES, AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) CAUSED BY OR ARISING FROM YOUR USE OF OR ACCESS TO THIS WEBSITE, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
Entire Agreement. This Agreement sets forth the entire agreement between you and Wise Baby regarding your access to and use of the Website and supersedes all prior agreements regarding your use of and access to the Website. You acknowledge and agree that no practice or course of dealings between you and Wise Baby, nor any oral representations by any of Our representatives, which are different than the terms of this Agreement shall constitute a modification or amendment of this Agreement. In the event that any provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be reformed and interpreted so as to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Choice of Law and Venue. This Agreement will be governed by the laws of the State of Missouri and applicable federal law, without reference to the conflicts of law principles of the State of Missouri. For purposes of any action or proceeding arising out of this Agreement, you hereby consent and submit to the personal jurisdiction of all federal and state courts serving St. Louis County, Missouri, and agree not to raise any objections based on lack of personal jurisdiction of such courts, improper venue in such courts, or inconvenience of the forum.
Term. This Agreement shall remain in full force and effect while you use or access the Website. Wise Baby may terminate your use or registration of the Website or any Wise Baby service, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.