These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and New Parent World Inc., doing business as My Baby Experts (“MY BABY EXPERTS”, “Company”, “we”, “us”, or “our”) concerning your access to and use and participation in any of the My Baby Experts websites, as well as any other media form, all social media channels, Amazon Associate and Live Channel, videos, mobile website or mobile application, campaigns, events, and Giveaways, related, linked, or otherwise connected thereto (collectively, the “Site”), and use or purchase our products (such as memberships, subscriptions, courses, training's, information resources, and physical products) (“Products”). The term “user,” “you” and “your” refer to visitors and users of the Site, and customers of our Products.

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By using the Site and/or our Products, you agree to these Terms of Service, our Privacy Policy available here, which is incorporated herein by reference, or any other written agreement that governs your use of our Site and Products. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

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Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.  We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.  You waive any right to receive specific notice of each such change.  It is your responsibility to periodically review these Terms of Use to stay informed of updates.  You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such updated Terms of Use are posted.

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The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Accordingly, those persons who choose to access the Site from other locations do so at their own risk and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

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User Registration and Termination

You may be required to register with the Site.  You agree to keep your password confidential and will be responsible for all use of your account and password.  We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

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If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.  In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

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Accessing the Sites and products

To access the Sites and online Products, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access.

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We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Site (or any part thereof) or Products, for any reason and without notice. You agree that MY BABY EXPERTS shall not be liable to you or any third party for any modification, interruption, suspension, or discontinuance of the Site and Products. We are not responsible for delay or failure of our performance of any of the features of the Site and Products caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

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For lawful purposes

To access or use the Sites and Products, you must be eighteen (18) years old or older and have the requisite power and authority to enter into these Terms of Service. It is prohibited for Minors to use the Sites and Products.  You must provide truthful and accurate information.

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You may use the Sites and Products for lawful purposes only. You agree to use the Sites and Products for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites or Products any material which violates or infringes our rights, the rights of others. You shall use threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

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Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available.  The Site is not for commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Make any unauthorized use of the Site, including collecting usernames and email addresses of users by electronic or other means to send unsolicited email, or create user accounts by automated means or under false pretenses.

3. Use a buying agent or purchasing agent to make purchases on the Site.

4. Use the Site for advertising or offering to sell goods and services.

5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and the Content contained therein.

6. Engage in unauthorized framing of or linking to the Site.

7. Trick, defraud, or mislead other users and us, especially in an attempt to learn sensitive account information such as user passwords.

8. Make improper use of our support services or submit false reports of abuse or misconduct.

9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

11. Attempt to impersonate another user or person or use the username of another user.

12. Sell or otherwise transfer your profile, or share with another individual. 

13. Use any information obtained from the Site to harass, abuse, or harm another person.

14. Use the Site as part of an effort to compete with us or otherwise use the Site and the Content for any revenue-generating endeavor or commercial enterprise.

15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.

16. Harass, annoy, intimidate, or threaten any employees/agents engaged in providing any part of the Site to you.

17. Delete the copyright or other proprietary rights notice from any Content.

18. Disparage, tarnish, or otherwise harm, in our opinion, us and the Site.

19. Use the Site in a manner inconsistent with any applicable laws or regulations.

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Products

Most of our Products are delivered to you online in a digital format. To access certain Products, you may be required to establish a Customer Account by providing information about yourself including your name, current email address, username, password, and other personal data, which you must treat as confidential.  You agree that any such information you give to MY BABY EXPERTS will always be accurate, correct, and up-to-date; otherwise, we will not be able to deliver essential details about your Product purchase(s) to you.

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You agree that the Products, including any materials contained therein, any usernames or passwords, may only be used by you – the individual who is the customer on record with MY BABY EXPERTS – as permitted herein and may not be sold or distributed without our express written consent.

 

Product Payments

You agree to make timely and full payments to the MY BABY EXPERTS for purchased Product(s) (regardless of whether you selected to pay for the Product(s) in whole or with a monthly subscription plan).

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You authorize us to automatically charge the credit card on file for all payment balances owed, and you agree to keep this information current and up-to-date with MY BABY EXPERTS. If any payment is insufficient or declined for any reason, we may revoke your access to the Products, without a refund.

 

Refund Policy

We stand behind our products and your satisfaction with them is important to us. However, because our products are digital and viewed via the internet, we do not offer refunds.​

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Product Account Usage

1. Personal Use Only
By purchasing our personal Simply Breastfeeding or All Course Bundles on our platform, you agree that the account is for your personal use only and is intended for individual users. Any sharing of your personal account or utilizing it for business purposes is strictly prohibited.

2. Upgrade to Professional Account/License:
If you intend to use our Product(s) for business purposes, you must purchase a Professional Account/License and the appropriate license that corresponds to your business needs (ie. Single Admin/Location, Up to 3 Admin/Locations or Up to 5 Admin/Locations or Custom Plan). Each admin and center location require a separate account and my not be shared between locations. These additional admin accounts are intended for use by designated employees of your organization only. Failure to do so will be considered a violation of these Terms and Conditions.

3. Access Restrictions:
Under no circumstances should clients or external parties be provided with direct access to any Professional Account, Admin, or personal user accounts associated with our platform. The access to admin accounts is exclusively reserved for the internal management and operation of your organization which you have registered with us when purchasing your Professional License. 
4. Account Termination:
We reserve the right to terminate your account, without prior notice, if we, including but not limited to, suspect or discover any evidence of account sharing or unauthorized business usage on Personal accounts, sharing direct access to your account, or otherwise attempting to circumvent these Terms and Conditions. Such termination may occur at our sole discretion, and no refunds or compensation will be provided in the event of account termination due to these violations.

5. Definition of Businesses:
For these Terms and Conditions, "businesses" include, but are not limited to:

Pregnancy Centers: Facilities or organizations that provide pregnancy-related services and support.

Hospitals: Healthcare institutions offering medical treatment and services to patients.

6. Security and Confidentiality:
You are also responsible for maintaining the security and confidentiality of account credentials to prevent unauthorized access or misuse. It is essential to safeguard sensitive information and ensure that it is not accessible to clients or any unauthorized individuals.

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Intellectual property policies

Unless otherwise indicated, the Site and Products are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.  The Content and the marks provided on the Site “AS IS” for your information and personal use only.  Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

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We reserve the right to immediately remove your access to our Site and Products, without refund, if you are found to be violating this intellectual property policy.

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Campaign and Giveaway Terms

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: Our giveaways ("Campaign") are open only to those who sign up and who are 18 years of age or older as of the date of entry. The Campaign is only open to legal residents of the United States and is void where prohibited by law. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of My Baby Experts as final and binding as it relates to the content of this Campaign.

3. How to Enter: You must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of My Baby Experts.

The provided "Prize Shipping Address" when filling out the Prize Claim Form must be your physical United States address where You reside. Business addresses and PO boxes will not be accepted and will cause You to forfeit Your prize. Subject to verification as outlined in the proceeding "4. Verification for Prize Fulfillment".

You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of My Baby Experts.

4. Verification for Prize Fulfillment: My Baby Experts reserves the right to screen any and all information needed for verification by You and deny anyone from participating in The Campaign at any time and at My Baby Experts' sole discretion, and without recourse. You will be required to provide all, but not limited to, of the following information for verification purposes: (a) United States issued identification that is not expired, (b) address, (c) social media profile(s), and (d) date of birth (contingent under “Eligibility” and "Agreement to Rules").

In connection with a subsequent Entry into any limited date/promotional Campaigns, You will be required to provide additional information containing but not limited to those laid out above and under the “Eligibility” and "Agreement to Rules". Required Information provided by You must be accurate and current as of the date of initial registration and as of each subsequent Entry into any limited date/promotional Campaigns.

If My Baby Experts determines at any time in its sole discretion that a winner or potential winner, You, is ineligible or in violation of these Giveaway Rules/Terms and Conditions, My Baby Experts reserves the right in its sole discretion to disqualify You, even if he or she has been notified or announced as a winner and the prize(s), if any, will be forfeited. My Baby Experts reserves the right to determine an alternate winner from among all remaining eligible entrants in accordance with these Giveaway Rules/Terms and Conditions in the event that You are disqualified, cannot be contacted, or are deemed ineligible for any reason. 

5. Prizes: Prizes will be announced at the time of the giveaway and are subject to change at the sole discretion of My Baby Experts. The specifics of the prize shall be solely determined by My Baby Experts. No cash or other prize substitution shall be permitted except at My Baby Experts' discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of the prize constitutes permission for My Baby Experts to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation unless prohibited by law.

My Baby Experts will not replace any lost, mutilated, or stolen prizes or prize elements or any prize elements that are undeliverable or do not reach You because of, but not limited to, an incorrect or changed address or other contact information. Prizes will be mailed only to the address provided by You when filling out the Prize Claim Form, within the United States as outlined within these Giveaway Rules/Terms and Conditions.

6. Odds: The odds of winning depend on the number of eligible entries received.

7. Winner Selection and Notification: Winner/s will be selected by a random drawing under the supervision of My Baby Experts. My Baby Experts shall have no liability for Winner’s failure to reach out to My Baby Experts to claim the prize. If the winner is ineligible, fails to claim the prize within 3 days from the time of award, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by the Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER (AT MY BABY EXPERT‘S SOLE DISCRETION) WILL RESULT IN THE WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8. Sponsor: The Sponsor of the Campaign is My Baby Experts and its brand partners.

9. Facebook/Instagram: The Campaign hosted by My Baby Experts/Shari Criso RN, CNM, IBCLC is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.

10. By entering into the Campaign, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of these Giveaway Rules/Terms and Conditions.

 

Limited License

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

You shall not remove any copyright notice from any of the Products.  Doing so may infringe on our intellectual property rights, as outlined above.

 

User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).  Contributions may be viewable by other users of the Site and through third-party websites.  As such, any Contributions you transmit are non-confidential and non-proprietary.  When you create or make available any Contributions, you thereby represent and warrant that:

1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions are an original work of authorship and do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

3.  You have the written consent, release, and permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

4. We shall have the sole right to your Contributions, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, Your entry, name, portrait, picture, voice, likeness, image, statements, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice review, or consent. Any Contributions shall be deemed free of any claims of personal rights. My Baby Experts will be granted all rights and free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, and create derivative works without limitation or restriction.

5.  Your Contributions are not false, inaccurate, or misleading.

6.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

7.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, defamatory, or otherwise objectionable (as determined by us).

8.  Your Contributions will not ridicule, mock, disparage, intimidate, or abuse anyone.

9.  Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

10.  Your Contributions do not violate any applicable law, regulation, or rule.

11.  Your Contributions do not violate the privacy or publicity rights of any third party.

12.  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 sexually or violently.

13.  Your Contributions do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors.

14.  Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.

15.  Your Contributions do not otherwise violate or link to material that infringes, any provision of these Terms of Use, or any applicable law or regulation.

16. We will not provide you with any "Equipment" (physical, digital, or otherwise, software/applications, or internet services); You must provide your own equipment. You will not be reimbursed for any costs associated with obtaining and maintaining all but not limited to, any equipment. If You are unable to provide any of the preceding, You are expressly prohibited from using the Site and/or Products and must discontinue use immediately.

17. The Federal Trade Commission (FTC) introduced guidelines to help protect consumers from false claims on merchandise benefits. If you publish comments relating to any Contributions, please be clear that this is your opinion and if you were gifted any merchandise. Please make that clear in your online and offline conversations, blog posts, social posts, and similar. Please use clear and conspicuous disclosure including the #ad that you were gifted with the merchandise.

18. Participation or use of any of the Sites, does not equate to You being employed by or a representative of My Baby Experts.

19. Active Amazon Influencers or Content Creators are ineligible to participate in the My Baby Experts Creator Club.
     

Any use of the Site in violation of the previous violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

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Third-Party Services

MY BABY EXPERTS may allow access to or advertise specific third-party products or service providers (“Merchants”) from which you may purchase certain goods or services.  You understand that we do not operate or control the products or services offered by Merchants.  Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service.  We are not a party to the transactions entered into between you and Merchants.  You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANT-ABILITY OR NON-INFRINGEMENT.  UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

 

Third-party links and advertising on our sites and products

We may provide links to other websites or resources, which are not maintained by or related to us. Links to such sites are provided as a service to our users and customers and are not sponsored by, endorsed, or otherwise affiliated with the MY BABY EXPERTS. We have no control over these sites and their content and make no representations or warranties about the content, completeness, quality, or accuracy of the links, goods, services, materials, or information contained on any such website. Therefore, you acknowledge and agree that we are not responsible for the availability of such links, resources, and content, and do not endorse, and are not responsible or liable for, any content, advertising, products, services, or other materials made available on or from these linked websites. You also acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any content, goods, or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.

 

Third-parties connecting to our site and products

MY BABY EXPERTS is not responsible for the content or practices of third-party websites that may be linking to our Site and Products and Company and makes no representation or warranty regarding such third parties, their websites, their content, or their goods and services.

 

Affiliate links

From time to time, MY BABY EXPERTS may include affiliate or sponsor links on its Site and in its Products. Meaning that if you purchase an item using an affiliate or sponsor link, the Company may earn a commission. Disclosed in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

 

Publicly shared information not confidential

You understand that information provided or shared with us directly or indirectly, on our Site, social media platforms, chat rooms, discussion forums, or message boards (whether in the form of emails, text messages, comments, audio calls, video calls, coaching calls, webinars, or otherwise) will be broadly available to other persons, both inside of and/or outside of MY BABY EXPERTS.

Also, any expressed opinion by another user does not reflect the opinion of MY BABY EXPERTS.

 

Your feedback

With your prior permission, you agree that MY BABY EXPERTS has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the Site, and Product-related forums, calls or otherwise, for marketing or promoting the Company Site and Products.

 

The Company and Site do NOT provide medical advice

This site offers health, wellness, fitness, and nutritional information designed for educational purposes only. You should not rely on this information as a substitute, nor does it replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a midwife, doctor, or another healthcare professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read on this site.

 

The use of any information provided on this Site is solely at your own risk.

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Nothing stated or posted on this Site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and advice includes, without limitation, obstetrics, pediatrics, gynecology, maternal health, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis, or advice.

 

Errors, Inaccuracies, and omissions

Information provided about or on the Site and Products is subject to change. MY BABY EXPERTS makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free.  MY BABY EXPERTS disclaims all liability for any inaccuracy, error, or incompleteness in the Site and Products.

 

Use of testimonials and reviews

The Site and Products may reference testimonials, reviews, case studies, or other feedback from others about our Site and Products.  Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information on our Site and Products.

 

Results not guaranteed

We may share the successful results of MY BABY EXPERTS, its users, or customers on the Site and Products. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results. By accessing the Site and Products, you accept, agree, and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies, or recommendations, and nothing in our Site and Products is a promise, warranty, or guarantee to you of such results.

 

Disclaimer of Warranty

THE USE OF THE SITE AND PRODUCTS ARE AT YOUR SOLE RISK. THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SITE AND PRODUCTS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MY BABY EXPERTS MAKES NO WARRANTY THAT

(1) THE SITE AND PRODUCTS WILL MEET YOUR REQUIREMENTS.

(2) THE SITE AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE.

(3) THE RESULTS OF USING THE SITE AND PRODUCTS WILL BE ACCURATE OR RELIABLE.

(4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SITE AND PRODUCTS WILL MEET YOUR EXPECTATIONS.

(5) THAT THE SITE AND PRODUCTS WILL BE ERROR-FREE, AND ANY ERRORS IN THE SITE AND PRODUCTS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE AND PRODUCTS SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

 

Limitation of liability

TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF SIXTY DOLLARS ($60) OR THE AMOUNT YOU HAVE PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.

 

Indemnification

You agree to indemnify, defend, and hold harmless MY BABY EXPERTS (including its affiliates and suppliers) from any liability, loss, claim, and expense (including attorneys’ reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site and/or products.

 

Refusal of service

We reserve the right to refuse access to the Site and Products to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and Products, without refund, if you violate these Terms of Service or other agreements governing your use of the Site and Products.

 

Relationship of the parties

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us by your use of the Site and Products.  Furthermore, no professional-client relationship is formed between you and the Company by your use of the Site and Products, unless you and the Company entered into a separate written agreement indicating our intention of entering into a professional-client relationship with you.

 

Governing law

The Terms of Service shall be governed by the laws of the State of New Jersey, and more particularly the jurisdiction shall be Morris County.

 

Dispute resolution

If a dispute arises under these Terms of Service, we agree first to try to resolve the dispute with the help of a mutually agreed-upon mediator in Morris County, New Jersey. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by both of us.

If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in Morris County, New Jersey. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.

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If any court action is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.

 

Recovery of litigation expenses

If any legal action, arbitration, or other proceeding are brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

Waiver

MY BABY EXPERTS waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.

 

Severability

If any term, provision, covenant, or condition of the Terms of Service is held by any arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

Assignment

These Terms of Service bind and inure to the benefit of the party's successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sub-license by you is invalid. MY BABY EXPERTS may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

 

Entire agreement

These Terms of Service, along with the Privacy Policy, and any other written agreement that governs your use of our Site and Products, constitute the entire agreement between you and MY BABY EXPERTS with respect to the Site and Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site and Products.

 

How to contact us

You can email us with any questions or comments about the Terms of Service at:

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