TERMS OF SERVICE
Effective Date: March 19, 2019
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.
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.
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.
Accessing the site 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.
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.
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 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, libellous, 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 offence, give rise to civil liability or otherwise violate any law.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may is not for commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- 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.
- 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 pretences.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Use the Site for advertising or offering to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Site and the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead other users and us especially in an attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- 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.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site to harass, abuse, or harm another person.
- Use the Site as part of an effort to compete with us or otherwise use the Site and the Content for any revenue-generating endeavour or commercial enterprise.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
- Harass, annoy, intimidate, or threaten any employees/agents engaged in providing any part of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Disparage, tarnish, or otherwise harm, in our opinion, us and the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
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:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions 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.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, defamatory, or otherwise objectionable (as determined by us).
- Your Contributions will not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- 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.
- 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.
- Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
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.
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.
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).
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 refund.
Intellectual property policies
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.
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.
MY BABY EXPERTS may allow access to or advertise specific third-party product 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, fulfilment, 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, MERCHANTABILITY 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 does not endorse, and is 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.
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.
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 for, 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 health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care 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.
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 counselling care. For purposes of this agreement, the practice of medicine and advice includes, without limitation, obstetrics, paediatrics, gynaecology, maternal health, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
Errors, inaccuracies, and omissions
Information provided about or in 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 in 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.
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.
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 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.
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.
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.
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.
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.
If any term, provision, covenant, or condition of the Terms of Service is held by an 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.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense 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.
How to contact us
You can email us with any questions or comments about the Terms of Service at: