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Terms of Service
Welcome and thank you very much for being a BabyWiseGuides user. The BabyWiseGuides offering (BabyWiseGuides Services), including the website at www.BabyWiseGuides.com, search engine, BabyWiseGuides blog and other BabyWiseGuides services, are governed by the terms and conditions of use (Terms) as described below. Please read these Terms very carefully. By using the BabyWiseGuides Services you agree to be bound by these Terms. If you do not agree with any or all of the Terms below, then you may not use the BabyWiseGuides Services.
Content Linked by BabyWiseGuides
BabyWiseGuides provides savings advice content to consumers for assisting with their buying decisions for products and services. BabyWiseGuides cannot be help responsible for these search results and the content of these third party websites. BabyWiseGuides does not have any control over the content of these third party websites and cannot guarantee that these websites will not have any content that may be inappropriate and assumes no responsibility whatsoever for the content on the third party websites.
Personal Use Only
BabyWiseGuides Services are made available to you for personal, non-commercial use only. You may not reproduce, duplicate, copy, sell, resell or use BabyWiseGuides Service for any commercial purposes. For example, you may not use the BabyWiseGuides Services to sell or advertise a product or service or to increase traffic to your website for commercial reasons. You may not take the Search Results and reformat and display them, or mirror the homepage or Search Results on your website.
Use of BabyWiseGuides Services
BabyWiseGuides has no actual control over your use of information outside the system. You shall not use the system or information made available through the system for any purposes or in any manner that is illegal or improper, including, without limitation, the following (especially applied when using BabyWiseGuides Services to find specific contacts):
* For any purpose, activity or in any manner that is criminal, illegal or actionable;
* In violation of any local, state, national or international laws, regulations or conventions;
* To illegally .spam. anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
* For unethical marketing activities;
* To associate, attribute, collect, store, distribute or otherwise process any non-business information related to anyone;
* To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable.
* For any purpose, activity or in any manner that is criminal, illegal or actionable;
* In violation of any local, state, national or international laws, regulations or conventions;
* To illegally .spam. anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
* For unethical marketing activities;
* To associate, attribute, collect, store, distribute or otherwise process any non-business information related to anyone;
* To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable.
No Automated Querying
You are not allowed to send automated queries of any sort to BabyWiseGuides Services or to BabyWiseGuides's computer systems without our prior written permission. "Sending automated queries" includes without limitation: (a) using any software that sends various queries to the BabyWiseGuides Services to determine how a website or webpage "ranks" in the Search Results for various queries; (b) "meta-searching" the BabyWiseGuides Services; (c) performing "offline" searches on the BabyWiseGuides Services; or (d) using any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automatic device) to access the BabyWiseGuides Services or monitor or copy the BabyWiseGuides Services or any Search Results.
Update & Modification
We reserve the right, at any time, to modify the BabyWiseGuides Services or these Terms or to modify, suspend, or discontinue the BabyWiseGuides Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification of the BabyWiseGuides Services or these Terms or modification, suspension, or discontinuance of the BabyWiseGuides Services.
Privacy Policy
Your privacy is of utmost importance to us. Please refer to the BabyWiseGuides Priacy Policy for detailed information on our privacy policy.
Disclaimer of Warranties
THE BabyWiseGuides SERVICES, AND ALL INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE BabyWiseGuides SERVICES ARE PROVIDED "AS IS." BabyWiseGuides EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. BabyWiseGuides DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE BabyWiseGuides SERVICES. BabyWiseGuides DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE BabyWiseGuides SERVICES. BabyWiseGuides DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BabyWiseGuides SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE BabyWiseGuides SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE BabyWiseGuides SERVICES
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BabyWiseGuides OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE BabyWiseGuides SERVICES INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BabyWiseGuides HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ON ANY THRORY OF LIABILITY.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER YOUR DAMAGES ARISE FROM (A) YOUR MISUSE, RELIANCE ON, OR INABILITY TO USE THE BabyWiseGuides SERVICES; (B) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BabyWiseGuides SERVICES; (C) GOODS, SERVICES, INFORMATION, ADVICE, OR MATERIAL DOWNLOADED, ACCESSED, RECEIVED, OR OBTAINED THROUGH THE BabyWiseGuides SERVICES; OR (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BabyWiseGuides SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE BabyWiseGuides SERVICES. BabyWiseGuides'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE BabyWiseGuides SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). MULITPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. BabyWiseGuides'S LICENSORS WILL HAVE NO LIABILITY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER YOUR DAMAGES ARISE FROM (A) YOUR MISUSE, RELIANCE ON, OR INABILITY TO USE THE BabyWiseGuides SERVICES; (B) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BabyWiseGuides SERVICES; (C) GOODS, SERVICES, INFORMATION, ADVICE, OR MATERIAL DOWNLOADED, ACCESSED, RECEIVED, OR OBTAINED THROUGH THE BabyWiseGuides SERVICES; OR (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BabyWiseGuides SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE BabyWiseGuides SERVICES. BabyWiseGuides'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE BabyWiseGuides SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). MULITPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. BabyWiseGuides'S LICENSORS WILL HAVE NO LIABILITY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Indemnity
You agree to defend, indemnify, and hold harmless BabyWiseGuides, its officers, directors, agents, and employees, from any and all damages, costs, claims, losses, expenses, or liabilities arising from or related to (a) any actual or alleged violation by you of these Terms; (b) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines input by you into the BabyWiseGuides Services; or (c) your violation of any rights of any other person or entity.
Termination
You agree to defend, indemnify, and hold harmless BabyWiseGuides, its officers, directors, agents, and employees, from any and all damages, costs, claims, losses, expenses, or liabilities arising from or related to (a) any actual or alleged violation by you of these Terms; (b) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines input by you into the BabyWiseGuides Services; or (c) your violation of any rights of any other person or entity.
Dispute Resolution
Any claim, dispute, or controversy arising out of these Terms, the BabyWiseGuides Services, or the Search Results ("Claims") shall be resolved by final and binding arbitration before a single arbitrator ("Arbitrator") selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in Santa Clara County, California. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney's fees, costs, and disbursements arising out of the arbitration. Either you or BabyWiseGuides may seek interim or preliminary injunctive relief from a court of competent jurisdiction in Santa Clara County, California as necessary to protect the rights or property of you or BabyWiseGuides pending the completion of any arbitration proceeding.
Miscellaneous
The Terms constitute the entire and exclusive and final statement of the agreement between you and BabyWiseGuides with respect to the subject matter hereof, and govern your use of the BabyWiseGuides Services, superseding any prior agreements or negotiations between you and BabyWiseGuides with respect to the subject matter hereof. The Terms and the relationship between you and BabyWiseGuides shall be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.
