Terms and Conditions for our Website
The BabyLiveAdvice.com website (“Website”) is a website that allows users to:
– view baby/child/preganancy related information
– communicate with our experts and our staff
– participate in and access expert services
– access additional services
The information provided on the Website is not a substitute for the advice of a personal pediatrician and/or physician or other qualified health care professional. Always seek the advice of a pediatrician and/or physician or other qualified health care professional with any questions regarding medical symptoms or a medical condition experienced by you or your child. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
If you think you or your child or a child you are taking care of has a medical, dental or psychiatric emergency, call 911 or go to the nearest hospital.
BY USING THE WEBSITE OR BY CLICKING “I ACCEPT” BELOW, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.
Using secure messaging
BabyLiveAdvice provides users with a number of interactive online services to help them better communicate with our experts and staff. You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party.
BabyLiveAdvice has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your BabyLiveAdvice online password or account. It is your sole responsibility to (1) control the disclosure and use of your activation codes, password reset codes and password; (2) authorize, monitor, and control access to and use of your BabyLiveAdvice online account and password; (3) promptly change your password if you feel it has become compromised; and (4) promptly inform the BabyLiveAdvice web manager of any need to deactivate an account entirely.
Breaches of Terms and Conditions
In consideration of being allowed to use the Website’s interactive services, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
– signing on as, or pretending to be, another person
– using secure messaging for any purpose in violation of local, State, Federal, international laws or posted BabyLiveAdvice policies
– transmitting material that infringes upon or violates the intellectual property rights of others, or the privacy or publicity rights of others
– transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including BabyLiveAdevice personnel) or entity as determined by BabyLiveAdvice in its sole discretion
– using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
– collecting information about others, including email addresses
– intentionally distributing viruses or other harmful computer code
– “Jailbreaking” the operating system of any mobile device using the BabyLiveAdvice mobile application
BabyLiveAdvice expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Website due to any act that would constitute a violation of these Terms and Conditions. To the extent there is an inconsistency between these Terms and Conditions and the Website and any BabyLiveAdvice mobile application Privacy Statement, these Terms and Conditions shall govern.
Communications by Email
By accepting these Terms and Conditions, you agree to receive essential communications by email. These communications may include (but are not limited to):
– notification that an important message awaits you on the Website (this may be a message from an expert, service provider, staff member, an appointment confirmation, a response from any of the aforementioned, etc.)
– BabyLiveAdvice and any mobile application site & service updates
– emergency alerts and critical messages
– general communications from BabyLiveAdvice experts/staff members
If you have purchased a BabyLiveAdvice membership, or used a Provider’s services, you may receive periodic update by email as part of your essential communications and services. In addition, you may periodically receive online invitations to participate in satisfaction and other types of surveys related to your experiences at BabyLiveAdvice. Your participation in such surveys is always optional.
Use by Children
We do not knowingly allow BabyLiveAdvice users under the age of 13 to create accounts that allow access to the secured features of the Website.
Access, Correction, and Data Integrity
Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by contacting our Web Manager.
Revisions, Changes, and Updates
We may revise the information on the Website or otherwise change or update the Website, including these Terms and Conditions, without notice to you. BabyLiveAdvice may also make improvements and/or changes in products and/or services described on the Website or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Website will signify your continued agreement to these Terms and Conditions as they may be revised.
Links to Third Party Websites
The BabyLiveAdvice Website may provide links to other websites that are not owned or controlled by BabyLiveAdvice (“Third Party Websites”). If we provide links to Third Party Websites, we do so as follows.
– to connect you easily to additional sources of information or third party services that may be of interest to you. We may not have any business relationship with the party that controls this type of Third Party website and a link to such a site is offered only as a convenience to you.
– to offer you services to help you manage your/your child’s needs or to take and/or fill orders when you purchase items or materials from us. These Third Party Websites may be co-branded, meaning that they display the BabyLiveAdvice logo and the logo of the Third Party vendor but they are owned and controlled by the Third Party.
In each such instance, where practicable, we will let you know when you are leaving the Website and linking to a Third Party website. We may use an icon that we identify with an appropriate legend to let you know when you are leaving BabyLiveAdvice.
Disclaimer and Limitation of Liability
Disclaimer of Warranties
THE WEBSITE, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF THE WEBSITE IS VOLUNTARY, AND AT YOUR OWN RISK. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE WEBSITE DOES NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES BY BABYLIVEADVICE UNLESS SPECIFICALLY STATED OTHERWISE.
Limitation of liability
BABYLIVEADVICE AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE, ANY APP TO WHICH YOU AUTHORIZE BABYLIVEADVICE TO RELEASE DATA (AND INCLUDING, WITHOUT LIMITATION, THE APP’S USE OF ANY DATA YOU MAKE AVAILABLE TO THE APP), AND/OR ANY THIRD PARTY WEBSITE, OR YOUR USE OF ANY OF THE FOREGOING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS DESCRIBED IN THE FOLLOWING PARAGRAPH, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, APPS, AND/OR THIRD PARTY WEBSITES IS TO STOP USING THE WEBSITE, APPS, AND/OR THOSE SERVICES.
APPLICABLE LAWS MAY NOT ALLOW SUCH DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, OR THE EXCLUSIONS FROM SUCH LIABILITY, AND YOU MAY BE ENTITLED TO SEEK OTHER REMEDIES UNDER YOUR EVIDENCE OF COVERAGE OR OTHER AGREEMENT WITH BABYLIVEADVICE. IN SUCH CASE, THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Choice of law
THESE TERMS AND CONDITIONS ARE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.
Except as otherwise indicated, any BabyLiveAdvice mobile application and all content on the Website, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of BabyLiveAdvice or its licensors and is protected by United States and international copyright laws. BabyLiveAdvice allows you to view or download a single copy of the material on the Website solely for your personal, noncommercial use.
The compilation of all content on the Website is the exclusive property of BabyLiveAdvice and is protected by United States and international copyright laws. Unless specifically authorized in writing by BabyLiveAdvice, any use of these materials, or of any materials contributed to the Website by entities other than BabyLiveAdvice, on any other website or networked computer environment for any purpose is prohibited.
Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by BabyLiveAdvice. Content and features are subject to change or termination without notice in the editorial discretion of BabyLiveAdvice.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Website or any BabyLiveAdvice mobile application infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright.
In accordance with the DMCA, BabyLiveAdvice has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
(This telephone number is for copyright-related complaints only. No solicitations. For member and Website services, call 805-910-7290.)
Please note: If you materially misrepresent that online material, product, or activity is infringing upon your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Trademarks and Service Marks
“BabyLiveAdvice”, “BabyLiveAdvice.com” and the BabyLiveAdvice logo are registered service marks of BabyLiveAdvice, Inc. Other proprietary marks of BabyLiveAdvice or third parties may be designated as such from time to time on the Website or any BabyLiveAdvice mobile application through use of the TM, SM, or ® symbols. Users of the Website or any BabyLiveAdvice mobile application are not authorized to make any use of the BabyLiveAdvice marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by BabyLiveAdvice or the applicable third party.