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These Terms of Use (“Terms”) apply to all websites, services, software, applications, Content, and Baby’s On Broadway Products (as defined below) (collectively, the “Services”) provided by Baby’s On Broadway to you as a user of the Services (“You,” “Your,” or “User”). Please read these Terms carefully. In addition to these Terms, Your access to and use of the Services are governed by the Baby’s On Broadway Privacy Policy, which can be found at https://www.medicalbybob.com/privacy (the “Privacy Policy”), and which is incorporated into these Terms by reference. Please read these Terms and the Privacy Policy carefully.
These Terms govern Your use of the Services and constitute a binding agreement between You and Baby’s On Broadway, and are deemed accepted by You when you access or use the Services. If You do not agree with or accept these Terms, do not use the Services. Baby’s On Broadway reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to the applicable Website, application, or other Baby’s On Broadway property. You should visit this page periodically to review the most current Terms, because they are binding on You. By continuing to access or use the Services after updated Terms have been posted, You agree to be bound by the updated Terms. The Baby’s On Broadway Products may have additional terms and conditions that apply.
PLEASE READ THE DISPUTE SECTION BELOW CAREFULLY AS IT WILL IMPACT YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US, IN WHICH CASE ANY SUCH DISPUTE WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION ONLY AND NOT IN COURT.
Baby’s On Broadway reserves the right, without notice and in its sole discretion, to restrict, refuse, or terminate Your ability to use the Services, and to limit, block, or prevent access to and use of the Services without any liability to You.
“Content” means all content contained on the Website, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all related patents, copyrights, trademarks, service marks, intellectual property, and/or other proprietary information of Baby’s On Broadway.
“Baby’s On Broadway Product(s)” means and refers to any products, including without limitation any gift cards, purchased from Baby’s On Broadway or third parties through the Website, any products purchased from or applied for from Baby’s On Broadway, or any Baby’s On Broadway mobile application.
“Post or Provide” (or any derivative thereof) means to upload, post, transmit, share, store, submit, link to, or otherwise make available on the Website.
“We,” “Us,” and “Our” mean and refer to Baby’s On Broadway and its parents, subsidiaries, or affiliates.
“Website” or “Websites” means any websites, web pages, and any subpages (including any mobile websites, web pages, and subpages) under Baby’s On Broadway’s control, whether partial or otherwise. This includes but is not limited to, medicalbybob.com, babysonbroadway.com, any subpages, and the website from which these Terms were accessed.
If You are accessing and accepting these Terms on behalf of a company or other legal entity, You represent that You have the authority to bind that company or legal entity to these Terms. You also certify that You are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. You are responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms and that they comply with them. This includes any person who is authorized to access Your account via Your login, and any additional logins associated with Your account. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
You must be 18 years of age or older and have a valid credit card to purchase any Baby’s On Broadway Products on Our Website. If You are under the age of 18, You agree and warrant that You have Your parent or legal guardian’s consent to access Our Website.
Some Services require You to create an account to participate in such Service. By creating an account, You represent that (i) You are over the age of 18, (ii) You are responsible for maintaining the confidentiality of Your account and password, and (iii) You accept responsibility for all activities that occur under Your account, password, and any logins associated with Your account. You hereby represent that all registration information You submit is accurate, current, and complete and that You are solely responsible for the accuracy of such information. You agree to update Your account information to keep it current and accurate.
You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password, or other account information, another person’s name or likeness, or provide false details, unless and only in the circumstance that You have been authorized to create a login associated with another User’s account.
Baby’s On Broadway reserves the right to accept or refuse Your application for an account (in Our absolute and sole discretion).
As part of the Services, if you provide us with a mobile telephone number, We may send SMS messages to You using a short code text messaging service, for example, We may send You an SMS message to confirm Your signup when You opt in to the Service or to provide customer service. By providing Your mobile phone number and using the Services, You hereby affirmatively consent to Our use of your mobile phone number for calls and texts in order to perform and improve upon the Services. We will not assess any charges for calls or texts, but standard message charges or other charges from Your wireless carrier may apply. We may from time to time offer You the ability to receive special offers and other marketing content from Us via SMS, though these messages will only be sent with your express affirmative consent. You may opt-out of receiving text messages from Us by modifying Your account settings on the Website or our mobile application, by emailing medical@babysonbroadway.com, or responding STOP in the case of a marketing text message.
You agree and warrant that You will not use the Services in a manner that is illegal or otherwise inconsistent with these Terms. In addition, You will not use the Services in a manner that Baby’s On Broadway deems, in its sole discretion, objectionable.
You agree that You will access the Services only through the interfaces provided.
You may access videos on Our Website and Services as available, for your information and personal use, as intended through the normal functionality of Our Services, via Streaming.
Accessing and viewing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
When using the Services, You agree not to do any of the following:
Baby’s On Broadway will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Baby’s On Broadway may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that Baby’s On Broadway has no obligation to monitor Your access to or use of the Services or the Content, but has the right to do so for the purpose of operating the Services, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Customers who purchase Baby’s On Broadway Products through a Website must be over the age of 18 with a valid credit card accepted by Baby’s On Broadway or other permitted payment method accepted by Baby’s On Broadway.
We cannot guarantee availability of Baby’s On Broadway Products, even if We show that a particular Baby’s On Broadway Product is available online or in stores. We may not have all Baby’s On Broadway Products available online or in stores and We may discontinue products at any time.
Prices for Baby’s On Broadway Products may change at any time and Baby’s On Broadway does not provide price protection or refunds in the event of a price reduction or promotional offering unless specifically stated in the terms and conditions of that promotional offering. Baby’s On Broadway reserves the right to cancel an order for a Baby’s On Broadway Product in the event of a typographical or other error in the price listed for the Baby’s On Broadway Product. The price of a Baby’s On Broadway Product generally does not include delivery charges. We will charge taxes on Baby’s On Broadway Products purchased when taxes are applicable. The list price displayed for any Baby’s On Broadway Product generally does not include delivery charges or sales or other taxes unless specifically noted.
Baby’s On Broadway shall deliver the Baby’s On Broadway Products that You purchase to the place of delivery designated by You. If You choose to accept any type of express courier services for shipping, then You shall pay any additional shipping fees.
Any refunds or exchange of Baby’s On Broadway Products are subject to the restrictions and requirements set forth in Baby’s On Broadway’s refunds and exchange policy that is either included with Your Baby’s On Broadway Product at the time of purchase or posted on the Website.
We reserve the right to refuse any order You place with Us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in Our sole discretion, appear to be placed by dealers, resellers, or distributors.
All items purchased from Baby’s On Broadway are made pursuant to a shipment contract. This means that title and the risk of loss for such items pass to You upon Our delivery to the carrier.
Warranty information for Baby’s On Broadway Products can be found in the warranty provided by the third-party manufacturer, if any, included with Your Baby’s On Broadway Product.
You acknowledge that Baby’s On Broadway has no control over its partners, merchants, and any third party sites which appear or are linked to from the personal registries on the Website. Baby’s On Broadway has no knowledge and makes no representation, warranty, or guarantee that such partners, merchants, or third parties are compliant with the Payment Card Industry Data Security Standard and related standards and regulations.
By ordering a Baby’s On Broadway Durable Medical Equipment product on the Site, You, as the purchaser:
From time to time, Baby’s On Broadway may provide certain services, programs, promotions, opportunities, and contests to our Users (“Promotional Programs”). We may at any time, and in Our sole discretion, change, modify, add to, supplement, or delete the terms and conditions of any Promotional Program, including without limitation changing the name, fees, and eligibility requirements to participate in such Promotional Program. We will endeavor to notify You of any material changes by email, but will not be liable for any failure to do so.
Similar to Promotional Programs, at times and under circumstances in Our sole discretion, Baby’s On Broadway may issue gift cards and/or e-gift cards (“Gift Cards”) on behalf of Baby’s On Broadway to certain Users that can be used solely to pay for Services and/or fees or expenses associated with the Services.
Notwithstanding anything contained in these Terms and Conditions, Gift Cards are not replaceable if lost or stolen. The Gift Cards have no expiration date, but in certain states, after a period of time, may be escheatable to a state based upon its unclaimed property or abandoned property laws. Once escheated to a state, Gift Cards may no longer be redeemed. Gift Cards are not redeemable for cash except as required by applicable law.
Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities including but not limited to websites, internet advertising, email, telemarketing, direct mail, newspaper and magazine advertisements, or radio and television broadcasts.
Gift Cards can be combined with other Gift Cards, gift certificates, or other coupons for any given individual transaction on the Baby’s On Broadway Website. A Gift Card cannot be used as a credit or debit card. We reserve the right to limit quantities and usage amounts of Gift Cards purchased by any person or entity and to cancel a Gift Card if We believe that the Gift Card was obtained through fraudulent or unauthorized means. No credit card, credit line, overdraft protection, or deposit account is associated with Your Gift Card. You cannot “reload” (i.e., you cannot add value/balance to your Gift Card at this time). If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another form of payment. We reserve the right to correct the balance of a Gift Card if We believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to these Terms of Use and the Privacy Policy, and use of a Gift Card constitutes acceptance hereof. Gift Card balances are not transferable.
We are based in the United States and operate with US dollars as Our primary currency. We issue payments in US dollars. If You are purchasing Baby’s On Broadway Products with a non-US credit card, You may be subject to currency exchange fees levied by Your credit card company. Any concerns about exchange fees and rates should be directed to Your credit card company or bank.
You acknowledge that Baby’s On Broadway makes no claims or promises regarding any and all tax obligations or consequences that may result from Your activities on the Website or use of the Services. You shall have full responsibility for applicable taxes for all gift funds paid to or received by You. You agree to indemnify, defend and hold Baby’s On Broadway harmless from any liability for, or assessment of, any claims or penalties with respect to such taxes, including any liability for, or assessment of, withholding taxes imposed on Baby’s On Broadway by the relevant taxing authorities with respect to any funds paid to You.
Baby’s On Broadway does not have a fee to sign-up and create an account.
Baby’s On Broadway uses Shopify, PayPal, Klarna, Afterpay, Apple Pay, and/or Google Pay to process payments for Our Services (collectively, “Payment Processors.”) Sending or receiving payments for transactions made with or through the Website or Our Services is subject to the applicable Payment Processor’s Terms of Service (e.g., “Shopify Terms of Service”, “PayPal User Agreement”, “Klarna Terms of Use”, “Afterpay Terms of Use”, “Apple Pay Terms of Use”, and “Google Pay Terms of Use”). By agreeing to these terms, continuing to use the Services or purchasing Baby’s On Broadway Products, You agree to the additional terms set forth in the selected Payment Processor’s Terms of Service, as the same may be modified from time to time. As a condition of Baby’s On Broadway enabling payment processing services through the Payment Processors, You agree to provide Us accurate and complete information about You and Your business, and You authorize Us to share such information and transaction information related to Your use of the services provided by the Payment Processors.
The following specific Terms apply to Your use of the Website:
Baby’s On Broadway provides information and offers various related services on the Website. The Content on this Website is for reference and educational purposes, is not assured to be true, correct, or accurate, and is not intended to be complete or exhaustive or to provide any medical advice, diagnosis, or treatment. You should not consider or rely on any such information or services for any professional advice, diagnosis, or treatment, including any mental health concerns. No action should be taken, delayed, or deferred based on this Website or statements. We make no claims, representations, assurance or guarantees concerning this Website or the Services. Always consult with a qualified and licensed physician or other healthcare professional and follow their advice without delay regardless of any information on Our Website.
You acknowledge and agree that you have either obtained the approval of your healthcare provider or knowingly understand and accept all risks before using Our Website or accessing Our Content provided by Baby’s On Broadway You bear sole and exclusive responsibility for your use of Our Website, and you acknowledge and agree neither Baby’s On Broadway nor any of Our employees, contractors or agents shall have any liability to you for any injuries arising from Your use of Our Website.
You knowingly, irrevocably, and expressly waive and release any claim You may have at any time for damages, harm, loss, or injury of any kind against Baby’s On Broadway or any person or entity affiliated with Baby’s On Broadway, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives, arising from, relating to, concerning or by reason of your using the Website.
You hold the sole responsibility for your interactions with other members on the Baby’s On Broadway platform. While Baby’s On Broadway retains the right, it does not have any obligation to oversee or mediate disputes between You and other members.
Baby’s On Broadway might offer a trial period of its Services to newcomers. To ensure uninterrupted access post the trial period (“Trial Period”), we require a valid credit or debit card (“Payment Method”) during registration. Your account will only be billed post the Trial Period, given that you haven’t terminated your account during this period. The Trial Period is a one-time offer. Baby’s On Broadway holds the right to end any account attempting to use more than one Trial Period.
Post the Trial Period, for uninterrupted service, all memberships renew automatically using the stored credit card details. Billing continues monthly or annually based on the choice made during registration until the membership is terminated. All transactions are deemed final, and no refunds will be provided.
Specific prepaid memberships will renew automatically upon expiry.
If a membership subscription is purchased without a Trial Period, you’ll be charged the prevailing subscription rate at the time of registration. If there’s a subsequent increase in the subscription rate, Baby’s On Broadway will notify you. The revised rate will be applicable to the subsequent payment post the notification.
You can terminate your subscription anytime via the ‘My Account’ section on the website or through iTunes or Google Play settings and subscriptions, if relevant.
If your membership is terminated due to a breach of these Terms, Baby’s On Broadway will not refund you for any unused portion of a pre-paid month or year. No refunds will be provided for membership terminations before any monthly or yearly renewal.
You acknowledge that the Baby’s On Broadway platform and the software within may contain security features that protect digital content. The use of this content is governed by usage guidelines set by Baby’s On Broadway and/or content providers who offer content to Baby’s On Broadway. You are prohibited from attempting to override, disable, or circumvent any of the embedded security features.
Digital Copyright Act
If you are a copyright holder or an authorized agent and believe that any user submission or other content on the Baby’s On Broadway platform infringes upon your copyrights, you can submit a notification in line with the Digital Copyright Act (“DCA”). Provide our designated agent at the specified address with the required information in writing (refer to 17 U.S.C 512(c)(3) for more details):
Address:
Baby’s On Broadway
Adelle Starin, Designated Agent
47 E Broadway
Little Falls, MN 56345
Email: sales@babysonbroadway.com
It is Our policy to terminate the account of any User who is the subject of repeated takedown notices.
Baby’s On Broadway may offer community features, such as forums, as part of the Services. You must be over the age of 18 to participate in any community features. In addition, Baby’s On Broadway may allow You to submit information to Baby’s On Broadway through forms and other manners in connection with obtaining customer support from Baby’s On Broadway’s help center. You may Post or Provide reviews, comments, photos, images, logos, descriptions, and other content and submit suggestions, ideas, comments, questions, opinions, and feedback (collectively, the “User Content”). You may not Post or Provide User Content that (i) is illegal, libelous, offensive, harmful, obscene, pornographic, threatening, defamatory, or invasive of privacy, including User Content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals; (ii) exploits people in an abusive, violent, or sexual manner or that promotes illegal activities or provides instructions on how to conduct illegal activities; (iii) contains software or any other material, including without limitation photos, videos, or files, that violates the intellectual property rights (or rights of privacy or publicity) of any third party; or (iv) consists of or contains software viruses, political campaigning, objectionable materials, commercial solicitation, chain letters, mass mailings, or any form of “spam”; (v) provides any telephone numbers, street addresses, last names, or email addresses of anyone other than You; (vi) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (vii) solicits passwords or personal identifying information from other Users; (viii) involves commercial activities and/or sales without Our prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; (ix) includes a photograph of another person that You have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or (x) denigrates, ridicules, or demeans another person.
Notwithstanding the foregoing, You understand that by using or visiting our Website or the Services, You may be exposed to Content that You may deem offensive, inappropriate, indecent, or objectionable.
You may not use a false e-mail address, impersonate any person or entity, or otherwise Post or Provide any misleading information or User Content that You know is false or inaccurate. Baby’s On Broadway reserves the right (but not the obligation) to remove or edit such User Content, at its sole discretion.
If You do Post or Provide User Content, You grant Baby’s On Broadway 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 User Content throughout the world in any media, including, without limitation, for troubleshooting, marketing, product development, and any other commercial or non-commercial purpose in Baby’s On Broadway’s sole discretion, without payment or compensation to You of any kind. You grant Baby’s On Broadway and Our sublicensees the right to use the name that You submit in connection with such User Content, if We or they choose to use it. You represent and warrant that (i) You own or otherwise control all of the rights to the User Content that You Post or Provide; (ii) that the User Content is accurate; (iii) that use of the User Content You supply does not violate the Terms or applicable laws, rules, or regulations and will not cause injury to any person or entity; and (iv) that You will indemnify Baby’s On Broadway for all claims resulting from User Content You supply. Baby’s On Broadway has the right but not the obligation to monitor and edit or remove any activity or User Content. Baby’s On Broadway takes no responsibility and assumes no liability for any User Content Posted or Provided by You or any third party.
Baby’s On Broadway does not pre-screen, review, edit, or approve any User Content. The Baby’s On Broadway community may flag inappropriate User Content and Baby’s On Broadway may, in its sole discretion, remove or disable access to any User Content. Nonetheless, You acknowledge that Baby’s On Broadway is not responsible for behavior or comments of other Users on the Website.
By Posting or Providing User Content, providing registration information, or otherwise sharing any information on the Website, You represent and warrant that (i) You are the owner or otherwise have the right to publicly distribute the User Content and/or other information, (ii) You have the necessary consent or authorization to Post or Provide such User Content and/or other information, and (iii) such User Content and/or other information is accurate to Your knowledge. Any User Content Posted or Provided will be considered public, and Baby’s On Broadway will not be responsible for the actions of Users with regards to any public information.
The Services are protected under patent, copyright, trademark, and/or other laws. Subject to Your compliance with the Terms, Baby’s On Broadway and/or its licensors provide You with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. The Services and all Content, including, without limitation, any User Content, remain the property of Baby’s On Broadway or its licensors, and We do not transfer title to any portion of the Services to You. The compilation, collection, arrangement, or assembly of all Content is the exclusive property of Baby’s On Broadway and protected as well. Any code or software code that Baby’s On Broadway or 10X TEK creates, generates, or displays in the Services is also protected, and You may not copy or adapt such code.
Unauthorized use of the Services may violate applicable laws and is strictly prohibited. You may not copy the Services or any part thereof without Baby’s On Broadway’s prior written authorization. Any code or software code that Baby’s On Broadway or 10X TEK creates to generate or display the Services is also protected by Baby’s On Broadway’s and 10X TEK’s copyrights, and You may not copy or adapt such code.
To use a Baby’s On Broadway mobile application (the “Mobile Apps”) You must have a mobile device that is compatible with the Mobile Apps. Baby’s On Broadway does not warrant that the Mobile Apps will be compatible with Your mobile device. Baby’s On Broadway hereby grants You a non-‐exclusive, non-‐transferable, revocable license to use a compiled code copy of the Mobile Apps for one Baby’s On Broadway account on one mobile device owned or leased solely by You, for Your personal use. You acknowledge that Baby’s On Broadway may from time to time issue upgraded versions of the Mobile Apps, and may automatically electronically upgrade the version of the Mobile Apps that You are using on your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades.
If You use Our Mobile Apps or interact with a website that has deployed a plugin, You agree that information about You and Your use of the Services, including, but not limited to, Your device, Your mobile carrier, Your internet access provider, Your physical location, and/or web pages containing Baby’s On Broadway plugins that load in Your browser may be communicated to Us.
Further, by importing any of Your data through the Mobile Apps, You represent that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Baby’s On Broadway account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing Baby’s On Broadway through Your mobile access provider. Therefore, You should check with Your provider to find out if the Services are available and the terms for these services for Your specific mobile devices. Finally, by using any downloadable application to enable Your use of the Services, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Mobile App provided at download or installation, or as may be updated from time to time.
TO THE FULLEST EXTENT POSSIBLE BY LAW, Baby’s On Broadway MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR THE Baby’s On Broadway PRODUCTS WILL OPERATE ERROR-FREE, BE AVAILABLE, OR THAT THE SERVICES AND Baby’s On Broadway’s SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, Baby’s On Broadway IS NOT RESPONSIBLE FOR THOSE COSTS. EXCEPT FOR ANY LIMITED WARRANTIES PROVIDED BY THIRD-PARTY MANUFACTURERS THAT ARE INCLUDED WITH YOUR Baby’s On Broadway PRODUCTS AT THE TIME OF PURCHASE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND AND Baby’s On Broadway, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Baby’s On Broadway MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT IN THE SERVICES. Baby’s On Broadway MAKES NO WARRANTY WITH REGARD TO ANY OF THE Baby’s On Broadway PRODUCTS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK OF USING THE SERVICES REMAINS WITH YOU AND IN NO EVENT SHALL Baby’s On Broadway BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES TO PROPERTY OF ANY KIND OR FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE Baby’s On Broadway PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Baby’s On Broadway IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL Baby’s On Broadway’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR Baby’s On Broadway PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO Baby’s On Broadway FOR USE OF THE SERVICES AND THE AMOUNTS YOU PAID FOR THE Baby’s On Broadway PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Baby’s On Broadway AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
No communication of any kind between You and Baby’s On Broadway or a representative of Baby’s On Broadway shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the Terms.
You agree to defend, indemnify, and hold harmless Baby’s On Broadway, its parent, subsidiaries, affiliates, and their respective officers, directors, successors, subsidiaries, contractors, technology providers, advertisers, employees and agents, from and against any claims, actions, losses, costs, liability or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your use of the Services, (ii) Your breach of these Terms, including Your representations and warranties herein or (iii) Your violation of any applicable laws.
Baby’s On Broadway reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of Baby’s On Broadway. Baby’s On Broadway will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
These Terms will remain in full force and effect while You are a User of the Services. Baby’s On Broadway reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating Your account and/or Your access to and ability to use the Services and/or any other services provided to You by Baby’s On Broadway, at any time for any or no reason and without any notice. Even after You are no longer a User of the Services, the provisions of these Terms will remain in effect.
You may terminate this Agreement at any time by ceasing all use of the Services. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Privacy: See Our Privacy Policy for information and notices concerning Baby’s On Broadway’s collection and use of Your personal information.
Removal of Your Information: If You believe Your name and/or other personally identifiable information have been used on Our Website without Your permission and You would like to have such information removed, please send Us a request by email at medical@babysonbroadway.com.
Commercial Use: Any and all commercial use of the Services by You is expressly prohibited without the written consent of Baby’s On Broadway. This includes but is not limited to collecting names, information, contacting Users, lead generation, and all other commercial activities. Unauthorized framing of or linking to any of the Baby’s On Broadway Websites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of access to the Services and possibly legal action.
Third-Party Links: The Services may contain links to third-party websites. These links are provided solely as a convenience and not as an endorsement by Baby’s On Broadway of the contents on such third-party websites. Baby’s On Broadway is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If You decide to access linked third-party websites, You do so at Your own risk.
Payment Card Industry Data Security Standard and Related Standards and Regulations: You acknowledge that Baby’s On Broadway has no control over its partners, merchants, and any third party sites which appear or are linked to from the personal registries on the Website. Baby’s On Broadway has no knowledge and makes no representation, warranty, or guarantee that such partners, merchants, or third parties are compliant with the Payment Card Industry Data Security Standard and related standards and regulations.
Access Outside the United States: Baby’s On Broadway makes no claims that the Services may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. When You access the Services You acknowledge and agree that information You provide may be transferred to a jurisdiction other than Your country of residence and that the laws, including what is determined to be “personal data and/or information,” are different and may be less protective than those applicable to You in Your country of residence. By accepting these Terms You acknowledge, agree and consent to (1) the transfer to and processing of personal information on servers located outside of the country where You reside, (2) Baby’s On Broadway’s collection and use of Your personal information as described in Our Privacy Policy found here and in accordance with the laws of the United States that may be different and may be less protective than those in Your country and (3) that You are taking a risk by using the Website and Services.
Governing Law: These Terms are governed by the internal substantive laws of the State of Minnesota. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Minnesota. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Baby’s On Broadway’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Baby’s On Broadway’s ability to enforce such term at any point in the future.
Dispute Resolution: In the event a dispute arises between You and Baby’s On Broadway, please contact Baby’s On Broadway. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Minnesota, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and Baby’s On Broadway agree that any cause of action arising out of or related to the Website or the Services or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
RIGHT TO OPT OUT OF ARBITRATION WAIVER. You may opt out of the foregoing arbitration provision of these Terms by notifying Baby’s On Broadway in writing within 30 days of the date You first registered for the Services or 30 days from the date these Terms were last updated. To opt out, You must send a written notification to Baby’s On Broadway at Baby’s On Broadway, 47 E Broadway, Little Falls, MN 56345, Attention: Legal, that includes (i) Your name, account username, address, telephone number and email address, and (ii) a clear statement indicating that You do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration provision.
Additional Terms: If You purchase and/or use any mobile applications provided by Baby’s On Broadway or any Baby’s On Broadway Product, additional terms apply, in addition to these Terms.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Baby’s On Broadway’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Baby’s On Broadway’s ability to enforce such term at any point in the future.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Baby’s On Broadway’s prior written consent. Any attempt by You to assign or transfer these Terms without such consent will be null and of no effect. Baby’s On Broadway may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Headings: Headings provided in these Terms are included for reference purposes only and are not to be given any substantive effect.
Contact Information: If there are any questions regarding Baby’s On Broadway or this Policy, please contact Baby’s On Broadway at:
Baby’s On Broadway
Copyright Agent
47 E Broadway
Little Falls, MN 56345
Email: medical@babysonbroadway.com
© Baby’s On Broadway. 2023.
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Copyright © 2023 Baby's On Broadway, all rights reserved.
