The Baby Box Company, Inc.
Website Privacy Policy
Effective Date: February 2, 2016
At The Baby Box Company, Inc. (“Baby Box”), maintaining the trust of our users is of the utmost importance to us. We have developed this privacy policy to explain how we collect, use, share and disclose information about our customers and other users of our website, and to show our commitment to fair information practices and the protection of the privacy of our users. We do not sell any personal or other identifying information about our users, and we do not disclose any personal information to third parties for direct marketing purposes. Information that we collect will be shared as described in this policy so that we can operate the Baby Box website (the “Site”) and deliver the information, products and services offered by the Site to our users, but we do not and will not provide your information to any third parties not having a legitimate need for that information in connection with our business and our operation of the Site.
The Site may at times refer you or link you to websites operated by third parties, or may provide you with URLs or other information so that you can access third-party websites. These third-party websites all have their own privacy practices and policies, which may differ materially from Baby Box’s policies and practices. This policy does not apply to any data collected or used by any third parties that may have access to your information as a result of your use of the Site. It is your responsibility to read and confirm your agreement with the privacy policies and practices of any and all third-party websites, whether you access them from within the Site or from outside the Site based on information you may have obtained from us or from the Site.
Notice Concerning Children
PLEASE NOTE: Our content is intended for a general audience and we operate a business that is targeted at adult customers and users only, and we do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user of the Site or any of our other content or services is under age 13, we will promptly delete any personal information that might be stored about that user.
Notice Regarding International Users
The Site is hosted in, and is directed at and intended for users from, the United States. If you are using the Site or any of our other content or services from regions (such as, by way of example only, the European Union) with data collection and use laws that may differ from the data collection and use laws of the United States, then be advised that your personal information will be transferred to the United States, and by providing us with your personal information you are consenting to that transfer. [Need to confirm that this still works in light of recent issues/changes in US/EU privacy.]
Collection and Use of Information
Personal Information. In operating the Site, our practice is to collect limited personal information from our users, and only where and to the extent necessary to provide our users with the content, products or services they are requesting. You always have the option not to provide us with any personal information, though that may limit your ability to take advantage of all of the content and services that the Site offers. If you do elect to provide personal information to us, we may collect and store the following types of personal information, which we will use for the purposes specified below:
• Newsletter Subscriptions. If you want to be on our mailing list and receive our electronic newsletter [anything else], you will need to give us your email address. When you are asked to confirm that email address, you will also have the option to give us your first and last name, which we will associate with your email address.
• Account Creation: You are also create an account with us from the Site, by providing us with your first and last name, your email address and a password. Once you create an account, you can use your account information to log in on the Site, and once you have logged in, the name and email address that you provided for that account will automatically appear as your “Customer Information” in your shopping cart when you select Baby Box products for purchase from the Site. In addition, once you have made a purchase from the Site, any billing or shipping address you provide us in connection with that purchase will be stored in your account, subject to any changes or deletions you may subsequently make (see “Changes to Your Stored Information,” below).
it is your responsibility to protect your account and make sure that no one else has access to your password or uses your Baby Box account. You are responsible for all activity that occurs using your account, even if done by someone other than you, and even if done without your permission or knowledge, unless we determine that you were the victim of fraud, hacking or other criminal activity that goes beyond mere unauthorized use of your account.
• Contact Us. On our “Contact Us” page, we list a number of contact email address, as well as a message form, so that users can reach us with comments and questions. We also may maintain a presence on Facebook, Twitter, Pinterest, Instagram and other social media platforms. If you communicate with us by email, even if you have not previously provided us with your email address, we will use your email address if necessary in order to respond to you, and we may retain your email address in our files during and for a period after the time that we are in communication. We do not control the terms of use or privacy policies for any social media platforms in which we participate, and it will be solely your responsibility to familiarize yourself with their information collection practices and only communicate with us and/or disclose personal information via social media (which will be collected by the third-party social media platform operators, and not by us) if you are in agreement with those information collection practices.
• Credit Card or Other Payment Information: In order to purchase any products that are for sale from the Site, at checkout you will be required to enter a shipping address (and, if different, a billing address), and you will be required to provide credit card information (name, credit card number, expiration date, and CVV code) or allow the Site to process payment via PayPal. Your credit card or other payment information will be used only to process the particular purchase that you are trying to make; however, while we do not store or retain your credit card or other payment information, we do store any addresses that you provide in your account. See below under “Changes to Your Stored Information” for information on how you can review, modify and/or delete any information that has been stored to your account.
• Other Notices: If you provide us with an email address, we may use that email to let you know about changes to this policy or to our terms of use, or to contact you about your use of the Site, or to reply to any support issues or other questions. Any time we send you an email, it will include an unsubscribe link, so that you can request that we stop sending you these emails.
Anonymous Information. We may also collect and use anonymous information about our users, as follows:
• Automatic Collection: Our servers can automatically recognize visitors’ domain names and IP addresses and may also identify users’ computer/mobile device type and connection information, as well as information about browser type and browser settings and (where possible) geographic location. No personal information about you is revealed in this process. We may also use clear gifs (also known as web beacons) and other methods to gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the Site. Clear gifs may also be used in email messages that we send, so that we can track whether recipients have opened those messages.
• Cookies. From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to the Site. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on the Site other than cookies. Cookies can help us remember items that you have placed in your shopping cart if you leave the Site before completing your purchase of those items. Cookies also help us learn which areas of the Site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at the Sites may be diminished and some features may not work as they were intended. [Promotions or advertisements displayed on the Site may also contain cookies, and we do not have access to or control over information collected by outside advertisers when you click on any such promotions or advertisements.]
Additional Use and Disclosure of Personal Information
In addition to the uses and disclosures described above, we may disclose personal information if we determine that we are required to do so:
• To comply with applicable laws, or with legal process served on us;
• To protect or defend our rights or the rights of any of our users or business partners;
• To enforce our terms of use or other agreements; or
• To protect anyone’s rights, property or safety (including our own).
In addition, in order to accommodate changes in our business, we may sell our company or portions of our company or sell or buy portions of other companies or assets, including information we collect through the Site. If Baby Box or its assets should ever be acquired a third party, then we expect that our database of user information would be one of the assets sold in such a transaction, and we would ask that the buyer notify you of any changes to this policy after the sale closes.
We may revise this policy from time to time – e.g., to keep up with changes in the law, or to reflect changes in how we are doing business. The Site will always include our most up-to-date privacy policy, and we include an effective date at the top of the policy, so you can quickly see when we last updated the policy. Any updates or modifications to this privacy policy will be effective as soon as we post the updated privacy policy to the Site, and it is your responsibility to review this privacy policy periodically to make sure you continue to be in agreement with all of its terms.
Security of User Information
We have a variety of security measures in place to maintain the safety of your personal information. Your personal information is securely stored and is accessible only by our employees and agents who have a need to access that information, who are aware of and required maintain the confidential nature of that information. When you place an order on the Site, all credit card and other sensitive information you supply is encrypted and transmitted via Secure Socket Layer (SSL) technology, and is never stored by us for any longer than is necessary to complete your purchase transaction.
Changes to Your Stored Information
You can notify us at any time that you want to terminate our storage of your personal information, and upon receipt of that notice, we will remove all information about you from our database, at which point you will no longer receive email notices and updates from us. In addition, you can use the “My Account” section of the Site to make changes to your name, email or password information, to modify your email subscriptions, or to modify or delete any addresses that may have been stored in connection with your prior purchases from the Site. Please note that, due to email production schedules and lead times, you may receive emails that were already in production or scheduled for delivery at the time that you made changes to your email subscriptions or other information. In addition, we will retain address information provided in connection with any purchase made on the Site in order to complete and deliver the purchase, and for our record keeping purposes.
Additional Information
We understand that some users may have enabled a “do not track” feature in their web browsers; however, consistent with and to the maximum extent permitted by applicable law, we do not honor any "do not track" requests sent from a web browser.
This is our online privacy policy and applies only to information that we collect through our Site, and not to any information that may be collected offline.
Any time you have any questions about this policy, or about our privacy practices in general, please email us at info@thebabyboxco.com and we will get back to you as quickly as possible.
By using our Site and the content and services that it offers, you are providing us with your consent to this privacy policy, and if at any time you are not in agreement with this privacy policy, you must immediately end your use of our Site and of any content or services it offers.
Privacy Policy – Baby Box Company
Effective date: July 21, 2017
Baby Box Company provides expecting and new parents with educational resources and a support system. This privacy policy describes how Baby Box Company (“we” or “us”) may collect, use, and share information gathered through our sites, located at https://www.thebabyboxes.com and https://www.babyboxuniversity.com (collectively, the “Services”). If you would like more information about the Services, please review our Baby Box Company Terms of Services, located at https://www.thebabyboxes.com/terms-of-service.
What information does Baby Box Company collect and use?
Personal Information
We collect information that identifies you (“Personal Information”) when you choose to provide it to us (or service providers acting on our behalf). For example, we may collect Personal Information such as your name, shipping address, payment card information, email address and telephone number when you register with the Services, participate in Baby Box University, purchase or receive goods from us, redeem a gift card, or pick up or request a baby box from the Baby Box Company. We will also collect certain information when you choose to register with the Services through a third party such as Google or Facebook, subject to the policies of those companies. Additionally, you may provide us with Personal Information when you communicate directly with us, or otherwise provide information to us through the Services.
Other information that we collect automatically about your use of the Services or that you choose to provide will be treated as Personal Information when it is linked to, or on its own constitutes, data considered Personal Information under local law. This may include, for example, which videos you have watched, your survey responses, your due date and family information, your birth date, what syllabus you have completed, your feedback on our educational content, other information about your use of the Services, Technical Information as described below, and other information that we may request from time to time.
Where permitted by local law, we may also obtain information, including Personal Information, about you from third parties and combine it with the information that you provide. For example, when you register for the Services through your hospital or a state program, the hospital or state program may share your Personal Information with us so that we can provide you with educational content and the baby box to fulfill your request. We may also receive Personal Information from third-party data services, where permitted by law, and from our distributor partners where you may pick up a Baby Box Company baby box in person.
We will use Personal Information to operate, maintain, and improve the Services and our business as well other purposes described in this policy. For example, we will use Personal Information to: provide goods and services that you request; respond to your questions; interact with you, including by delivering customized educational content and promotional content such as marketing information and advertisements via email, text, and other channels (subject to your consent where required by law); and to provide other content from us or our partners that may be of interest to you. We may also use Personal Information to: engage in statistical analysis, research, and other analytical activities; monitor the website for compliance with our terms of service and the law; and for other lawful purposes.
Technical Information
When you use our Services, we automatically gather Technical Information from your browser or device, which may include, for example, your IP address, information about the country from which you are accessing our Services, browser type, device type, pages visited and other activities on the Services, and time and date of visit. We may also collect information about your interactions with our emails. We may use cookies or similar technologies such as pixels and beacons to collect such information. For more information on the types of cookies that we (or third parties) use on the Services, and your choices, see our Cookie Policy.
We use Technical Information for a variety of purposes such as to offer and improve our Services. For example, we may use Technical Information to perform analytics, detect fraud, and other operational purposes. See the Digital Advertising & Analytics section below to learn more about the use of this information and your choices.
Digital Advertising & Analytics
We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on this website and across third-party websites. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Services and other websites over time. This type of advertising is known as interest-based advertising.
You may visit www.aboutads.info (US), www.youronlinechoices.com (EU), or http://youradchoices.ca/choices/ (CA) to learn more about interest-based advertising and how to opt out of this advertising from companies participating in industry self-regulatory programs. If you delete your cookies or use a different browser or mobile device, you may need to renew your opt-out choice. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. We adhere to the U.S. Digital Advertising Alliance Self-Regulatory Principles, the Digital Advertising Alliance of Canada’s Self-Regulatory Principles for Online Behavioural Advertising and the European Digital Interactive Digital Advertising Alliance Principles (EDAA).
We may use analytics services provided by third parties that use cookies and other technologies to collect information about your activities across this site and other sites over time, including Google Analytics. The data collected via Google Analytics can be connected to other data that we collect from and about you. Analytics data collected may also be used by Google and combined with other data for interest-based advertising as described above. The Google Analytics Advertising Features that we use may include remarketing with Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting, and integrated services with Google AdWords. To learn more about how Google Analytics collects and processes data and the choices Google may offer to control these activities, you may visit Google Analytics at https://www.google.com/policies/privacy/partners/ and to opt out of Google Analytics you may visit https://tools.google.com/dlpage/gaoptout/.
How does Baby Box Company share Personal Information?
We may share Personal Information:
If you decide to participate in social sharing features of our Services, such as creating a profile or participating in message boards or social chat areas, the information you provide will be available to other members of the Baby Box Company community and/or the general public.
We may de-identify and/or aggregate your Personal Information so that you are not identified as an individual, and provide that de-identified or aggregated information to third parties at our discretion.
Links to third-party websites
Our Services may contain links or references to other websites that are operated by third parties, including social media platforms. This privacy policy does not apply to the practices of these other parties. We encourage you to read the privacy policy of every website that you visit. Please note that the information that you share via social media may be made available to the general public.
Your choices
From time to time, we may ask for your consent to share your Personal Information with selected third parties so that they can provide you with information or offers that may interest you. If you do not want your information shared in this way, you can choose not to engage with or can decline the option when it is presented.
We may send you promotional email communications, with your consent. If you would like to stop receiving our promotional email communications, you can do so by clicking on the unsubscribe option in our emails or contact us at privacy@thebabyboxco.com. You will continue to receive other types of service messages from us to the extent permitted by law.
We may contact you via phone or text message, including for marketing purposes, after obtaining your consent if required by applicable local law. If you would like to stop receiving marketing calls and text messages from us, you can text “STOP” via reply text or you can register your choice over the phone or by emailing privacy@thebabyboxco.com.
For information on the choices available to you in connection with digital advertising and analytics, please see the Digital Advertising & Analytics section above.
Use and sharing of information about your pregnancy
When you use the Services, you may choose to provide us with information about your pregnancy, such as your due date. We use this information to provide you with more relevant educational content. We may also request your consent as required by applicable law to use this information about your pregnancy to provide you with more relevant offers, and/or to share this information with selected third parties for such purposes. If you would like to revoke such consent for future use or sharing, you may contact us at privacy@thebabyboxco.com.
Security and storage of your information
We use reasonable physical, administrative and technical safeguards designed to help prevent unauthorized access, use, modification and disclosure of your Personal Information. Your account is protected by a password for your privacy and security. You should prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and signing off after you have finished accessing your account.
Please note that Personal Information that you provide may be stored or processed by us or our service providers outside of your country of residence, including in the US, Canada, Europe and other jurisdictions. These countries may not have equivalent data protection laws to those in other jurisdictions including those in Europe. Where we transfer your Personal Information in this way we will take steps to implement appropriate legal mechanisms, as applicable, relevant to the transfer.
Updating personal information and access
We take reasonable steps to make sure that the information we hold is accurate, complete and up to date. If you wish to request access to your Personal Information, request corrections or updates to your Personal Information or request that we terminate your account, you may contact us at privacy@thebabyboxco.com. We may continue to retain information in our records after your termination request, for example for legal or recordkeeping purposes as long as necessary for our operations.
Where you establish that Personal Information is not accurate, complete or up to date, you may also request that we remove the Personal Information where relevant circumstances pertinent to deletion apply.
Changes to this privacy policy
We’re working to improve our Services, so we may need to change this privacy policy from time to time as well. We will post these changes in this policy, and suggest that you revisit this policy periodically to stay informed of any changes. We may also notify you of any material changes to this Privacy Policy.
Baby Box Company will, as necessary, obtain consents under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes materially different from those for which your Personal Information has been collected, unless otherwise required or permitted by law.
Questions
If you have any questions regarding our privacy policy, please send us a message to our Vice President, Product at privacy@thebabyboxco.com.
You can also contact us via mail at the addresses below:
UK Location:
The Baby Box Company, Ltd.
ROCK Business Park, THE HOLLOW
Units B4-5, Block B
Washington, West Sussex RH20 3DA
US Location:
The Baby Box Company, Inc.
733 Seward St
Los Angeles, CA 90038
Canada Location:
The Baby Box Company, Canada
6071 Burnside Court
Mississauga, Ontario, L5T 2T5
TERMS OF SERVICE
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OVERVIEW
This website is operated by The Baby Box Company. Throughout the site, the terms “we”, “us” and “our” refer to The Baby Box Company. The Baby Box Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Baby Box Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Baby Box Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 672 S La Fayette Park Place #37 Los Angeles US 90057.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at null.
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TERMS OF USE
YOUR USE OF AND ACCESS TO THE BABY BOX COMPANY, INC.’S (“BABY BOX CO”, “WE” and “US”) WEBSITE, BABY BOX UNIVERSITY, BABY BOX PRODUCTS, BABY BOX SERVICES, AND APPLICATIONS (THE “SERVICES”) ARE SUBJECT TO AND GOVERNED BY THESE TERMS OF USE (“TERMS”). THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND BABY BOX CO. YOUR USE OF THE SERVICES IN ANY WAY MEANS THAT YOU AGREE TO ALL OF THESE TERMS, AND THESE TERMS WILL REMAIN IN EFFECT WHILE YOU USE THE SERVICES. THESE TERMS INCLUDE THE PROVISIONS BELOW, AS WELL AS THOSE IN THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: July 21, 2017
Welcome! If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at terms@thebabyboxco.com.
Important terms relating to your receipt of services and/or baby box sleeping solutions:
If you receive or purchase a baby box sleeping solution from either Baby Box Co or a Distributor, the following terms apply: YOU AGREE THAT YOUR USE OF THE BABY BOX SLEEPING SOLUTION IS ENTIRELY AT YOUR OWN RISK. TO THE EXTENT ALLOWED BY APPLICABLE LAW, BABY BOX CO HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE BABY BOX SLEEPING SOLUTION OR (IF APPLICABLE) ANY THIRD PARTY PRODUCTS INCLUDED IN THE BABY BOX SLEEPING SOLUTION AT THE TIME YOU RECEIVE SUCH BOX. BABY BOX SLEEPING SOLUTIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED. PLEASE SEE THE “WHAT ELSE TO I NEED TO KNOW” SECTION FOR BABY BOX CO’S COMPLETE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
You understand and agree that Baby Box Co is not a party to the relationship formed between you and a Distributor. You may use the Services to facilitate your receipt of a baby box sleeping solution from a Distributor, but Baby Box Co is not (to the extent permitted by law) responsible for making sure the Distributor actually provides the baby box sleeping solution. We are also not responsible for or for mediating disputes between you and any Distributor. You understand and agree that we do not control the actions of any Distributor, and the Distributors and their employees are not our employees.
You and the Distributor you receive a baby box sleeping solution or other services from may choose to enter into a separate agreement, to which we are not a party and aren’t responsible for enforcing (an “Outside Agreement”). We are not responsible in any way for Outside Agreements; if you choose to enter into an Outside Agreement, it must not, in any manner, conflict with any of the terms herein.
Baby Box Co does not provide medical advice.
Baby Box Co does not offer medical advice or diagnoses, or engage in the practice of medicine. Similarly, the Services are not intended to provide any medical diagnosis or treatment, or serve as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions regarding yours or any other’s health or medical conditions. The Health Insurance Portability and Accountability Act (“HIPAA”) does not apply to information you provide in connection with the Services (including information provided to or by any Advisor (as defined below) through the Services). We are not a “business associate” of any Advisor and are not responsible for complying with HIPAA regarding any information shared through the Services.
Will the Services ever change?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to all or parts of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but that won’t always be practical. Similarly, we reserve the right to remove any Content (as defined below) from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Will these Terms ever change?
As we discussed above, we are constantly trying to improve our Services. As such, we may need to change these Terms along with the Services. We reserve the right to change the Terms at any time, however, if we materially change these Terms, we will notify you when you log in to your account to use the Services or when you make a purchase through our ecommerce store.
If you don’t agree with the new Terms, you do not have to agree to them. However, if you do not agree to the new Terms, you will no longer have the right to use the Services. If you do use the Services after a change to the Terms is effective, it means you agree to the new Terms.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my data and the privacy of that data?
Baby Box Co takes the privacy of its users very seriously. For Baby Box Co’s current Privacy Policy, which describes what information we collect, how we collect it, and what we do with it once we collect it, among other data related clauses, please click here.
What are the basics of using Baby Box Co?
If you would like to use certain portions of the Service, including the completion of an educational curriculum in order to receive a baby box sleeping solution from Baby Box Co or your health care provider, local hospital, or other distributor partner of Baby Box Co (“Distributor”), you may be required to sign up for an account, and select a password and user name (“Baby Box Co User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Baby Box Co User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions: You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Baby Box Co);
(b) Violates any law or regulation, including, without limitation, any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your Baby Box Co account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
If you violate any of the above requirements or limitations, Baby Box Co will have the right to immediately suspend or terminate your access to and use of the Services, without notice.
What are my rights regarding the Services?
The materials and content displayed, performed, or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Materials (as defined below), and other materials (collectively the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content, or (ii) in a way that violates someone else’s (including Baby Box Co’s) rights.
You understand that Baby Box Co owns the Services. You agree that you won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply, they still apply!
Do I have to grant any licenses to Baby Box Co or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services are your “User Submissions.” Any results, conclusions, reports or other materials derived from your User Submissions that are particular to you are “Results,” and together with User Submissions are “User Materials.” Some User Materials are viewable by other users. In order to display your User Materials on the Services, to allow other users to enjoy them (where applicable), and to provide and improve the Services, you grant us certain rights in those User Materials. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Materials that are also your personally-identifiable information.
By uploading any User Submissions in any way, you represent and warrant that you have all rights necessary to upload such User Submissions and to grant Baby Box Co the licenses set forth herein with respect to such User Submissions.
For all User Materials, you hereby grant Baby Box Co a license to use, translate, modify (for technical purposes, for example making sure your content is viewable on Windows, iOS and Android devices as well as a computer) and reproduce and otherwise act with respect to such User Materials, in each case to enable us to provide and operate the Services, as described in more detail below. For all Results, you hereby grant Baby Box Co a license to use, translate, modify, reproduce, create derivative works of, distribute, and otherwise act with respect to such Results for any purpose. In addition, you hereby grant Baby Box Co a royalty-free, perpetual, sublicensable, irrevocable, and worldwide license to use all User Materials in anonymized and aggregated form for any purpose, provided that any such use does not identify you individually (for example, to provide aggregated trend data, or to improve our Services). The preceding are licenses only – your ownership in User Materials is not affected.
If you store any User Submissions in your own personal Services account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Baby Box Co the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services.
If you share any User Materials in a manner that only certain individuals, or entities specified by you (“Specified Users”) can view (for example, sharing your Results with an individual or entity of your choice) (a “Limited Audience User Material”), then you grant Baby Box Co the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Material for the sole purpose of making that Limited Audience User Material accessible to such other Specified Users, and providing the Services necessary to do so. Also, you grant such Specified Users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. If you share any User Material publicly on the Services and/or in a manner that more than just you or Specified Users can view (for example, sharing your Results in a public forum, leaderboard, or the like), or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Material”), then you grant Baby Box Co the licenses above, as well as a license to display, perform, and distribute your Public User Material for the purpose of making that Public User Material accessible to all the Services’ users (and other users of the Services) and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Material in connection with the Services. Also, you grant all other users of the Services a license to access such Public User Material, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that all the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your account related to the Service, we will stop displaying your User Materials (other than Public User Materials, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Baby Box Co’s records, and that your User Materials may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Baby Box Co, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Baby Box Co being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. In accordance with the Digital Millennium Copyright Act of 1998, Baby Box Co will respond expeditiously to claims of copyright infringement concerning the Baby Box Co website (the “Site”) if such claims are reported to Baby Box Co’s Designated Copyright Agent identified in the sample notice below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Baby Box Co’s Designated Copyright Agent. Upon receipt of Notice as described below, Baby Box Co will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)
Deliver this Notice, with all items completed, to Baby Box Co’s Designated Copyright Agent:
Kaye Kramer
The Baby Box Company Inc
733 Seward Street
Los Angeles, CA 90038
Email: copyright@thebabyboxco.com
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Baby Box Co. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Baby Box Co is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Baby Box Co has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Baby Box Co will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Baby Box Co is not responsible or liable for any loss or damage of any sort incurred as the result of your dealings with any third party, including any other registered user of the Services. Sharing of your personal data with a third-party is solely at your own risk.
If there is a dispute between participants on this site, or between users and any third party, you agree that Baby Box Co is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Baby Box Co, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
Do the Services cost anything?
The Services (excluding the products you can order through the Services) are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
What about ordering products?
You may choose to purchase products through the Services. Baby Box Co may limit or cancel quantities of product purchased, and it reserves the right to refuse any order. In the event Baby Box Co needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed on the Services are quoted in the currency that you select in the drop down menu. If no currency is selected, priced are displayed and payments will be made in US dollars (USD). Prices are subject to change at any time. Sales tax will be determined by the shipping address of the order and will automatically be added to the order. Baby Box Co is required by law to apply sales tax to orders to certain states. For more information regarding shipping and delivery of our products, please see our FAQ and our Shipping & Delivery Terms, located at https://www.thebabyboxes.com/pages/faq
For more information regarding returns, please see our Returns Policy located here: https://www.thebabyboxes.com/pages/faq
Baby Box Co reserves the right to require payment of fees for certain or all services, in addition to the fees charged for the purchase of products. You shall pay all such fees, as described on the Services in connection with any such services you select. Baby Box Co reserves the right to change its pricing and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Services. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
What if I want to stop using Baby Box Co Services?
You’re free to stop using the Services at any time, by contacting us at info@thebabyboxco.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Baby Box Co is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Baby Box Co has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Materials you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Baby Box Co.
If you have deleted your account by mistake, contact us immediately at info@babyboxuniversity.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use the Baby Box University App available via the Apple App Store what do I need to know about that?
These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
(a) Both you and Baby Box Co acknowledge that these Terms are between you and Baby Box Co only, and not with Apple, and that Apple is not responsible for the Application or the Content;
(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
(c) You will only use the Application in connection with an Apple device that you own or control;
(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
(f) You acknowledge and agree that Baby Box Co, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Baby Box Co, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(i) Both you and Baby Box Co acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and Baby Box Co acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
What else do I need to know?
THE TERMS BELOW INCLUDE IMPORTANT TERMS RELATING TO DISCLAIMERS OF WARRANTY, BABY BOX CO’S LIMITATION OF LIABILITY, AND YOUR INDEMNIFICATION OF BABY BOX CO, AMONG OTHER IMPORTANT TERMS, PLEASE READ THEM CAREFULLY.
Warranty Disclaimer. Neither Baby Box Co nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Baby Box Co or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY BABY BOX COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BABY BOX COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO BABY BOX COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL, OR (D) ANY MATTER RELATING TO THE DISTRIBUTORS OR THE BABY BOX SLEEPING SOLUTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AS SUCH, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold Baby Box Co, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Baby Box Co’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms (whether brought against Baby Box Co or against any director, officer, or employee of Baby Box Co in his or her personal capacity) shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined 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 such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Central District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BABY BOX COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Baby Box Co may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Baby Box Co agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Baby Box Co, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Baby Box Co, and you do not have any authority of any kind to bind Baby Box Co in any respect whatsoever. You and Baby Box Co agree there are no third party beneficiaries intended under these Terms.
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$149.99
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