Effective Date: May 2023
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE AND YOU MUST PROMPTLY CEASE USING IT.
1. NOT MEDICAL ADVICE
Information, directories, lists, or other material contained on the Website may be provided by babycito (“Babycito Content”) or by our Service Providers (including, but not limited to blogs, articles, products, advice, podcasts, advertisements) (“Service Provider Content”). NOTHING OFFERED BY BABYCITO IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR SERVICE PROVIDER OPINION. RELIANCE ON BABYCITO CONTENT OR SERVICE PROVIDER CONTENT IS SOLELY AT YOUR OWN RISK.
2. YOUR ACCESS TO THE WEBSITE
2.1. Internet Access. When using the Website on your mobile, laptop, desktop or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.
2.2. Your Device. Babycito is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Website, including, but not limited to screen display operation features of your Device.
2.3. No Guarantee. Access to the Website may be suspended temporarily and without notice (a) in the event of system failure, (b) for maintenance or repair, © where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.
3. PERMITTED USE AND RESTRICTIONS
3.1 License Grant. Subject to the terms and conditions of these Terms, babycito hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Website (including updates and upgrades that replace or supplement them in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.
3.2 Use Restrictions. You may not access or use the Website in any way that is not expressly permitted by these Terms. You may not: (a) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Website; (b) sell, assign, rent, lease, or grant rights in the Website, including, without limitation, through sublicense, to any other person or entity; or (c) use the Website for any unlawful, prohibited, abnormal or unusual activity as determined by babycito in its sole discretion.
3.3 Investigations. We may, but are not obligated to, monitor or review our Website at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Website pursuant to Section 14 below.
3.4 Violation of these Terms. You must not use (or permit a third-party to use) the Website: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website or any operating system used by the Website, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other
users, (c) to collect or harvest any information or data from the Website or our systems or attempt to decipher any transmissions to or from the servers running the Website, (d) via use of a robot, spider, or other automated device to monitor or copy the Website or any information provided by the Website, (e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, (f) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam), or (g) for any other purpose that is to babycito’s detriment or commercial disadvantage. You acknowledge and agree that you are solely responsible, and babycito has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.
4.1. Accounts. To use certain features of the Website, you may be required to create a babycito account and provide us with a username, password, and certain other information about yourself. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete.
4.2. Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify babycito immediately if you become aware of any unauthorized use of your password or your account.
4.3. Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to anyone else.
4.4. Account Cancellation by You. If you wish to cancel your account, please contact us at the information in Section 19 below.
4.5. Account Cancellation by Us. Babycito may terminate your account at any time for any reason or no reason, including if: (a) babycito determines that you are (i) in breach or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to babycito; (b) babycito determines it is required by law to terminate your account; or (c) babycito decides to stop providing its service or critical portions of the service. When terminating your account, babycito may cancel your account and delete the information in it. You have no ownership rights in your account.
5. SERVICE PROVIDERS
5.1. Use of Providers. As part of our service to our users, babycito compiles a directory of Service Providers that includes local providers (“Service Provider Directory”). Babycito does not endorse, vet or otherwise offer any guarantee or certification related to goods or services offered by any Service Provider that may appear on the Service Provider Directory. BABYCITO IS NOT RESPONSIBLE OR LIABLE, INDIRECTLY OR DIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH SUCH ENGAGEMENT, USE OR RELIANCE ON ANY SERVICE PROVIDER
IDENTIFIED IN THE SERVICE PROVIDER DIRECTORY. You are responsible for conducting your own due diligence and making a full and thorough investigation before hiring, engaging, buying or otherwise making use of the services or
products offered by any Service Provider.
5.2. Links. Babycito also provides links or otherwise may direct you to Service Provider websites (“Service Provider Website”). Babycito does not control or operate any such third party or Service Provider Website. Any information you provide to these third party or Service Provider Websites is subject to the respective policies of those third parties or Service Providers (“Service Provider Terms”). It is your responsibility to review such third party or Service Provider Terms, including any relevant privacy policies. You agree that babycito will not be responsible or liable for any Service Provider Content, advertising, products, goods or services provided on or through these outside websites or for your use or inability to use such websites. Your use of third party or Service Provider Websites is at your own risk. You agree that should you use or rely on such Service Provider Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), babycito is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Any other terms, conditions, representations or warranties associated with your engagement of a Service Provider, are between you and such Service Provider exclusively and do not involve babycito.
6. SERVICE REGISTRY
6.1. Registry. Babycito offers families a way to catalog and request service gifts from others (the “Service Registry”). Users accessing the Website are able to contribute cash payments towards services listed on a Service Registry. Users on the Website may create their own Service Registry or contribute to an existing Service Registry. This cash fund registry is integrated with an authorized payment processor (e.g., Stripe) (“Payment Processor) to allow users (each a “Gift Giver”) to send funds to other users (each a “Beneficiary”) through the Service Registry. As such, you may be required to create an account with a Payment Processor to use the Service Registry. You agree to provide true, accurate, current, and complete information as requested by any Payment Processor’s forms and maintain and update such information to keep it true, accurate, current, and complete. Your use of any Payment Processor service is subject to the Payment Processor’s confirmation that you meet their enrollment criteria.
6.2. Payment Processor. By using the Service Registry and a Payment Processor, you may be required to enter into certain agreements with the Payment Processor (“Payment Processor Agreements”). You acknowledge and agree that (a) if you submit funds through the Service Registry as a Gift Giver, you are submitting payment directly to the Beneficiary (via the Payment Processor’s services); (b) babycito is not a party to any Payment Processor Agreement and is not a party to any funds transfer completed using the Payment Processor’s services; (c) babycito will not be liable or responsible for the services provided by the Payment Processors; and (d) babycito is not responsible for lost payments, identity theft, fraud, or refunds.
6.3. Fees. Payment submitted by Gift Givers to Beneficiaries via the Service Registry are subject to the following fees, which babycito may change from time to time in its sole discretion: 5% transaction fee; 2.9% of which is the Payment Processor’s fee and 2.1% of which is babycito’s service fee.
6.4. Limits. Babycito may impose limits on your ability to send or receive funds through the Service Registry. Additionally, Payment Processors may impose their own limits and limitations on your use of the Payment Processor’s services.
6.5. Currency. All funds sent or received through the Service Registry must be in U.S. Dollars.
6.6. Tax. Babycito cannot and does not offer tax-related advice. This section is provided for information purposes only and is not intended to constitute tax advice. You are responsible for determining and fulfilling your obligations under applicable laws to report, collect, and remit any applicable taxes. Babycito is not responsible for withholding, collecting, reporting, or remitting any taxes arising from any transaction you complete via the Service Registry. Consult your tax professional before engaging in the Service Registry or any transaction.
6.7. Suspension/Termination of Account. The Service Registry is a feature offered as a convenience and, without limiting any other rights we have set forth herein, we reserve the right to suspend, terminate, freeze, or close any account and/or funds in accordance with these Terms. Accounts and/or funds may be frozen at our sole discretion or at the sole discretion of the Payment Processor.
7.1 Risk of Loss. Babycito is not a party or responsible for purchases of physical items from babycito Providers. This means that the risk of loss and title for such items are upon you or the Provider.
7.2 Returns, Refunds, and Title. Babycito is not responsible for any return or refund for a Provider’s service or item. Please refer directly to the Provider’s return and refund policy for such questions or concerns.
7.3 Product Descriptions. Babycito attempts to be as accurate as possible. However, babycito does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. Please see the Provider for specific product descriptions.
7.4 Pricing. Babycito will clearly post all product pricing information on the Website if and when as received from the Provider and reserves all rights to change and update the prices of any product with no notice or obligation to the user as the Provider dictates.
8. COPYRIGHT INFRINGEMENT - DCMA NOTICE
Babycito complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Website you may contact our designated agent at the following email address: [email protected]. Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed, a description of the copyrighted work or other intellectual property that you claim has been infringed, a description of the material that you claim is infringing and where it is located on the Website, your address, telephone number, and email address, a statement by you that you have a good faith belief that the use of the materials on the Website of which you are complaining is not authorized by the copyright owner, its agent, or the law, and a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property owner’s behalf.
from certain correspondence from us, including messages relating directly to your contributions.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Copyright. The “babycito” name, logo, and Website are protected by copyright and service marks of babycito. You do not have the right to use any of our trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
10.2 Ownership. You acknowledge that all intellectual property rights in the Website, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Website and compilation thereof (excluding the trademarks or other Provider Content), anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of babycito, protected by intellectual property laws. You acknowledge and agree that babycito, or its licensors, owns all right, title and interest in and to the Website, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Website are protected by U.S. and international copyright laws. Further, you acknowledge that the Website maycontain information that babycito has designated as confidential and you agree not to disclose such information without babycito prior written consent. Nothing posted on the Website grants a license to any babycito trademarks, copyrights,or other intellectual property rights, whether by implication, estoppel or otherwise.
You should assume that everything you see or read on the Website is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of babycito. When accessing the Website, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
You agree to indemnify and hold babycito and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys; fees and costs), arising out of or in connection with: (a) your use of the Website; (b) your engagement of any Service Provider listed on the Service Provider Directory; (c) your breach or violation of any of
these Terms; or (d) your violation of the rights of any third-party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
12. WARRANTY DISCLAIMER
BABYCITO PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE WEBSITE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE WEBSITE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. To the maximum extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Website, whether express or implied, including without limitation implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement of the rights of third-parties with respect to the Website and all information, and content. NO INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE, OR AFFIRMATION BY US, BY WORDS OR ACTIONS, SHALL CONSTITUTE A WARRANTY. WE ALSO MAKE NO PROMISES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT INCLUDED ON
THE WEBSITE IS ACCURATE, COMPLETE, UP-TO-DATE, OR RELIABLE, AND IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU FOR LOSSES ARISING OUT OF YOUR RELIANCE ON THE WEBSITE OR ON ANY SERVICE PROVIDER LISTED IN THE SERVICE PROVIDER DIRECTORY (INCLUDING ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF BUSINESS
OPPORTUNITY). Because some states or jurisdictions do not allow the disclaimer of implied
warranties, the foregoing disclaimers may not apply to you.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSSES ARISING OUT OF YOUR ENGAGEMENT OF OR RELIANCE ON ANY SERVICE PROVIDER LISTED ON THIS WEBSITE WHETHER FRAMED IN CONTRACT, TORT, OR STRICT LIABILITY, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE,
AFFIRMATIVE, SOLE, OR CONCURRENT) OF BABYCITO, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE WEBSITE (INCLUDING CONTENT), OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE WEBSITE, OR THESE TERMS, ARISING WHETHER FRAMED IN CONTRACT, TORT, OR STRICT LIABILITY, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF BABYCITO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with the Website including, without limitation, Babycito Content or Service Provider Content on the Website, is to stop using the Website. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Website or any links on the Website, as well as by reason of any information or advice received through or advertised in connection with the Website or any links on the Website.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Website, or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, one hundred dollars ($100). You agree that any claim or cause of action arising under these Terms, in relation to our Website, or the performance or non-performance of the Website must be brought within one year after such claim or cause of action arises or be forever barred. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BABYCITO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON BABYCITO’S CHOICE OF LAW PROVISION SET FORTH BELOW.
We reserve the right to change, edit, suspend, delete and/or cancel any part of the Website, or may terminate these Terms, and/or your permission to use the Website immediately, without prior notice or liability, if: (a) you commit any breach of these Terms; (b) we discontinue the Website, (c) we are prevented from providing the Website for any reason, (d) if required by law, or (e) due to an event beyond our control. You may terminate this Agreement at any time by ceasing all use of the Services. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send it to us by email using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
16. DISPUTE RESOLUTION
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes (as defined below) as further described in this paragraph and in Section 16.2 below. Any controversy, allegation, or claim that arises out of or relates to the Website, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual
property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the foregoing arbitration provisions will remain in force.
16.1. Governing Law; Jurisdiction. These Terms are governed by Virginia law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and babycito agree that, except as otherwise provided below, the state and federal courts located in the Fairfax County, Virginia will have exclusive jurisdiction of all Disputes arising out of or related to these Terms or your use of the Website and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, babycito shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
16.2 Binding Arbitration.
16.2.(a) Arbitration Procedures. You and babycito agree that, except as provided
in Section (d) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between
the terms set forth in this Section 18 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail. Except as otherwise set forth in Section (d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and babycito will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide
a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and babycito may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and (b) the arbitrator’s decision shall be final, binding on all parties
and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
16.2.(b) Location. The arbitration will take place in Fairfax County, Virginia unless the parties agree to video, phone or internet connection appearances.
16.2.(c) Limitations. You and babycito agree that any arbitration shall be limited to the Claim between babycito and you individually. YOU AND BABYCITO AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
16.2.(d) Exceptions to Arbitration. You and babycito agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Excluded Dispute, (b) any Claim related to, or arising from, allegations of theft, piracy, or unauthorized use, and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
16.2.(e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
16.2.(f) Severability. You and babycito agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or unenforceable then neither you nor babycito will elect to arbitrate any Claim falling within that portion of Section (d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Fairfax County, Virginia, and you and babycito agree to submit to the personal jurisdiction of that court.
17. OTHER IMPORTANT TERMS
17.1 Assignment. The rights granted to you under these Terms may not be assigned without babycito’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
17.2 Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.
17.3 Attorney’s; Fees. The prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.
17.4 No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by babycito of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
17.5 Equitable Remedies. You acknowledge and agree that babycito would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
17.6 Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and babycito with respect to the Website and supersedes any and all prior agreements between you and babycito relating to the Website.
17.7 Transfer. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
18. CHANGES TO THESE TERMS
We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Website (we may also email you about any material changes to these Terms). To the extent permitted under applicable law, we reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Website (or any part of them) with or without notice.
19. CONTACT US
If you have any questions or comments relating to these Terms, please contact us at:
We will send you a link to download our free Service GuideDownload