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Terms of Use

Terms of Use Agreement
By using www.yourbabybooty.com (YBB) and its related domains, services, information, web postings, products and tools (“Site”) you are agreeing to the following terms and principles. This terms of use agreement (“Agreement”) is effective immediately for all users of the Site and is by and between you, the user, and Your Baby Booty, LLC (“”), a Michigan Limited Liability Company.
This Website provides users with online access to general education relating to babies. YOURBABYBOOTY DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, PRESCRIPTION, COUNSELING OR LEGAL ADVICE OF ANY KIND. ALL INFORMATION PROVIDED ON THIS WEBSITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY Yourbabybooty, INCLUDING, WITHOUT LIMITATION, REAL-TIME VIDEO, WEBSITE COMMENTS OR EMAIL COMMUNICATIONS BETWEEN PROFESSIONALS UTILIZING THE WEBSITE AND CONSUMERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. Yourbabybooty IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY Yourbabybooty OR ANY PROFESSIONALS THAT UTILIZE Yourbabybooty AT THE INVITATION OF Yourbabybooty IS SOLELY AT YOUR OWN RISK.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Yourbabybooty, “Content”). This Website is intended for use only by users who are at least 18 years of age.

User Eligibility
Use of the Site is void where prohibited. Your use of the Site constitutes your representation that (1) you have read and agreed to this Agreement; (1) that you are at least 13 years of age; (2) that, if you are under the age of 18, you have the authorization of your legal guardian, and (3) that your use of the Site does not violate any state, federal, or other law which applies in your jurisdiction.

Membership Requirements
Use of the Site and membership is void where prohibited. Your use of the Site constitutes your representation that (1) you have read and agreed to this Agreement; (2) that all information you submitted in your registration for membership is truthful and accurate: (3) that you will update your registration information when changes occur; (4) that you are at least 13 years of age; (5) that, if you are under the age of 18, you have the authorization of your legal guardian, and (6) that your use of the Site does not violate any state, federal, or other law which applies in your jurisdiction.

Abuse and Misuse

You are responsible for any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (“Content”) which you post to the Site. Postings which may violate any state, federal, or other law which applies in your jurisdiction, whether civil or criminal, are strictly prohibited. Refrain from posting any Content which contains profanity or nudity unless YBB has given you written approval in advance. YBB reserves the right to reject, refuse to post, or delete any Content for any reason, including, but not limited to, Content which, in the sole judgment of YBB, violates this Agreement or which otherwise may be deemed offensive or rude. YBB does not assume responsibility for monitoring user posted Content. However, if you believe you have identified a violation of this Agreement, please report the abuse using the “Report Abuse” link.

Rights to Content

When you post Content, you grant YBB a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, trademark, publicity, and database rights you have in the Content, in any media known now or in the future.

All Content posted by YBB are protected by copyright laws and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any manner with the prior written consent of YBB and any other holder of copyright rights.

Third-Party Merchants

All merchants who offer goods and/or services through the Site are third-party merchants. You agree that you will not hold YBB responsible for any loss, injury, claim, liability, or damage of any kind resulting in any way from any third-party merchant or its use of the Site.

Your dealings with advertisers or other third parties found on or accessible through the site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to users and should not be construed as an endorsement by YBB of content, items, or services on those third party Web sites. You access and use such sites, including the content, items or services on those sites, solely at your own risk. YBB does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that YBB will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such parties on the Web Site.

YBB’s Organic Label

When it comes to products, the term “organic” can mean lots of different things. Companies can basically advertise their products as “organic” even if there’s only one part of the product that is. That’s where we come in.
Here at YBB, we list products as the company names them. In other words, we don’t determine ourselves if a product is organic. Having said that, we put lots of time researching products and will usually say in our descriptions to what extent the product is organic, or green or eco-friendly. So read the product descriptions! If you have any questions or comments, please email us at info@yourbabybooty.com”

Authors and Bloggers

YBB offers a forum for its members to post blogs as well as several e-books posted by various authors. You agree that YBB shall not be in anyway legally responsible for your reliance on any Content posted on the Site. Content posted on the Site is not 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.
Different types of information, comments, posts, text, recommendations, links, videos, music, advice, opinions, graphics, is available on this site. Some content is provided by YBB and some content is provided by users and posted in all the formats listed above. YBB can not guarantee, and is not responsible for the accuracy, completeness or timeliness of any content, whether provided by YBB or users on the website. YBB does not endorse and IS NOT responsible for the reliability or accuracy of any opinion, comment, suggestion, recommendation for any user or guest on the site. YBB does not have any obligation to edit, pre-screen or remove content provided by users that is posted or not posted on the site. Notwithstanding the foregoing, YBB will have the right (but not the obligation), in its sole discretion and for any reason to prescreen, edit, refuse to accept, remove or move in any way, any such content.
Links to Third Party Websites

This Website may contain hyperlinks to other sites owned and operated by parties other than YBB. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by YBB, you acknowledge and agree that YBB is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. YBB is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. YBB shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. YBB is not responsible for the privacy practices of any other websites.

Limited License and Site Access; All Rights Reserved

YBB hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of YBB (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of YBB. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of YBB without YBB’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of YBB’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content and features offered on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the permission or license granted by YBB.

Payments for Transactions

You represent and warrant that if you are making a purchase on our site that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Advertisers

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

Copyright

Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of YBB or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of YBB and is protected by U.S. and international copyright laws.

You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of YBB or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by YBB. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. YBB does not warrant or represent that your use of Content or any other materials displayed on this Website will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Content. YBB is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless YBB from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at info@Yourbabybooty.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

Trademarks and Service Marks

Certain trademarks on the Website are the service marks and trademarks of YBB, the specialists, the professionals or other licensees of YBB. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of YBB. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of YBB.

Ownership of information submitted via this Website

With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy), any information you transmit to YBB via this Website, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of YBB. Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. YBB shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to YBB via this Website or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

Privacy

Your privacy is very important to YBB. Please read YBB’s Privacy Policy. YBB’s Privacy Policy, as it may change from time to time, shall be considered a part of this Agreement.

Disclaimer

You expressly agree that use of this Site is at your sole risk. Neither YBB, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Content. Content and other information contained on this Website has been prepared by YBB as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. YBB has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by YBB. Users relying on Content or other information from this Website do so at their own risk.

THE YBB WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. YBB AND ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE WEBSITE), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. YBB MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS- FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
You should assume that we are an affiliate for mentioned providers of goods and services on this site. We might make Zillions of dollars every day if you purchase anything from these providers. But, you can rest easy that any product or service mentioned is something we know, like and trust.

Limitation of Liability

IN NO EVENT SHALL YBB, ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE WEBSITE), OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YBB ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YBB, ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE WEBSITE), OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $25.00. YBB, ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE WEBSITE), OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold harmless YBB, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from this Website, your use of this Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.

Electronic Communications

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

Your Account

You are responsible for maintaining the confidentiality of any passwords associated with your YBB account, monitor all activity under the account and assume full responsibility for all activities that occur under your account.

No Waiver

YBBs failure to enforce any provision of this Agreement does not waive future enforcement.

Governing Law

The Agreement shall be governed and controlled by the laws of the state of Michigan as to interpretation, enforcement, validity, construction, and effect and in all other respects.

Forum Selection

Any dispute arising under or in connection with the Agreement or related to any matter which is the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Kent County Michigan.