These Terms and Conditions of Use (the "Agreement") are between you and ChowBaby Foods, LLC (the "Company"). In consideration of the right to access and use the website located at the Universal Resource Locator address www.chowbabyfoods.com (the "Site" or the "Website"), and to receive the services offered through the Website, you agree to the terms and conditions of use set forth in this Agreement and acknowledge that you are at least 13 years of age. This Agreement applies to the Services (as described below) currently offered by the Company and any Services that the Company may choose to offer in the future (unless stated otherwise).
YOUR USE OF THE WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.
The Website presents information and content which may include, but are not limited to, articles, opinions, text, data, software applications, commentary, advertisements, graphics, illustrations, calendars, designs, games, reviews, video and audio files, programs, code, and photos, in addition to User Generated Content (as defined herein) (collectively, "Content"), that is owned or licensed by the Company, its subsidiaries and affiliates (together, "ChowBaby"). The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and ChowBaby. When used in these Terms and Conditions, "we", "us" and "our" mean ChowBaby.
The Content contained on this Website is for general information use only and has not been verified by ChowBaby. ChowBaby does not make any representations as to the accuracy or completeness of Content or assume any liability for any loss that may result from the reliance by any person or entity upon any Content we provide. Any statements non-factual in nature constitute only current opinions, which are subject to change without notice.
Any and all Content provided by ChowBaby, its licensors, suppliers or users is for informational purposes only, and is not intended to substitute for advice, diagnosis, or treatment from a properly trained and licensed medical professional. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding your individual needs and those of any children under your care.
If you think you may have a medical emergency, call your doctor or 911 immediately. ChowBaby does not recommend or endorse any physicians, healthcare providers or specific tests, products (other than ChowBaby products), procedures, opinions, or other information that may be referenced, reviewed or discussed on the Site. Reliance on any opinion or information provided by ChowBaby, any contributor or visitor to the Site is solely at your own risk.
ChowBaby is not responsible for any personal injury, including death, caused by your failure to seek the advice of a qualified medical professional or your reliance on any Content provided through the Website.
Through the Website, you may be able to review Content (as defined herein), upload and download files, register for membership, purchase products, sign up for events, pay for goods and services, communicate and establish relationships with other users, and post photographs, information, opinions and comments (together, the "Services"). ChowBaby reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, ChowBaby reserves the right to permit or restrict access to any user in it its sole discretion.
ChowBaby offers original and third party information on the Website. You may be invited to provide custom screen names, icons, and profile information created by you (together, "Profile Information"); and you may be permitted to comment on, post, transmit or submit messages, ideas and other materials, which may include uploading files, inputting data, providing personal information, posting photographs, submitting opinions and engaging in public discussions (collectively, "User Generated Content") through the Website and on blogs, forums, bulletin boards and public areas within or in connection with the Site or in connection with the Services provided hereunder (collectively "Forums"). In submitting User Generated Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
ChowBaby does not endorse and has no control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content submitted through the Site is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. If at any time the Company chooses, in its sole discretion, to monitor the Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content. The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content and other materials on the Website. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Content for any reason at any time. You agree that ChowBaby shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of this Site and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce the material for such user's personal use.
Certain portions of this Website may offer you the ability to send (by e-mail or otherwise) messages directly to the Company or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Website. ChowBaby reserves the right, but has no obligation, to monitor disputes between you and other users.
In the event a dispute arises between you and ChowBaby or any third party, please e-mail the Company at firstname.lastname@example.org. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
You agree that you will neither post Content nor submit User Generated Content to Forums that:
Furthermore, you acknowledge and agree that you will not: (i) collect or store personal data about other users of the Website, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited communications, (ii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by ChowBaby, the Website, or its users; (iii) submit unwanted messages by e-mail or otherwise ("Spam"); or (iv) post User Generated Content that disparages or insults any user.
The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
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 current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to this Agreement, should be sent to:
Fridman Law Group, PLLC, 287 Spring Street, New York, NY 10013
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.
ChowBaby and third party trademarks and service marks may or may not be designated as such from time to time on the Site through use of the SM, TM or © symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines posted on the Site, whether or not designated by such symbols, including, but not limited to, as metatags or in any other fashion without the express prior written permission of the Company.
For your protection, ChowBaby may require the use of encryption technologies for certain types of communications conducted through the Website. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. In connection with your use of the Website, you may establish or otherwise receive from ChowBaby user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Website. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that neither ChowBaby nor the Company is under any duty to inquire as to the authority or propriety of any instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that ChowBaby shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold ChowBaby harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the website. ChowBaby reserves the right to block access to the Website for any reason. You also agree to immediately notify ChowBaby if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes.
Not all of the products and Services offered through the Website are available in all geographic areas, and we reserve the right to restrict any user from purchasing any product or receiving any Service made available through the Website at any time, without notice. The information provided on the Website is not directed at, or intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject ChowBaby or its affiliates to any registration requirement within such jurisdiction or country.
THE SERVICES, CONTENT AND WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE USE OF THE SERVICES AND THE WEBSITE AND ALL THEIR CONTENTS IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY'S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITE OR SERVICES.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND SERVICES ACCESSIBLE ON THE WEBSITE, OR ANY OTHER WEBSITE TO WHICH IT IS LINKED, AND ALL OPERATIONS OF THE WEBSITE AND THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
IN USING THE WEBSITE AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD CHOWBABY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE, EMAIL, FORUMS, THE SERVICES OR YOUR USE THEREOF, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. CHOWBABY SHALL NOT BE LIABLE EVEN IF ChowBaby OR AN AUTHORIZED REPRESENTATIVE OF CHOWBABY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRATY, THE MAXIMUM LIABILITY OF CHOWBABY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FOR ANY CLAIM OR ACTION RELATING TO THE SITE OR THE SERVICES PROVIDED HEREUNDER SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO CHOWBABY IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
The term of this Agreement shall commence when you first visit the Website, view the Content or use the Services and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. ChowBaby may, with or without cause, immediately terminate this Agreement without notice, and deny you access to the Website and/or the Services in its sole discretion. Without limiting the foregoing, ChowBaby has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that ChowBaby, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the Website and/or use the Services. Without limiting any other rights ChowBaby has, you understand and acknowledge that ChowBaby, in its sole discretion, may pursue legal and/or equitable relief against you if you breach or threaten to breach these Terms and Conditions.
The Content on this website and these Terms and Conditions are subject to change and updating by ChowBaby and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions or specific notices. You should review these terms and conditions from time to time to be aware of any changes that are made. Your continuing use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted.
These Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Website, including the fees associated with the equipment necessary to access the Internet and the fees charged by your internet service provider.
The Website and Services provided hereunder are offered by ChowBaby Foods, LLC, located at 45 main street, suite 716, Brooklyn, NY 11201. If you are a New York resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a written request for this information.
You can browse our Website without providing any personal or individually identifiable information. You also may be able to set your browser to reject cookies. If you do that, the Website may be less functional for you.
There are times when you may choose to give us personally identifiable information about you. For exaple, you may wish to register to post entries on the Website, receive e-mails from us, receive invitations to test new services and services, attend events, preview new content, or to purchase goods and services available through the Site. We need certain information from you to register you, authenticate you, and process your entries and payments, where necessary.
We collect information that you voluntarily give us, as well as Site Visitorship Data, on this Website.
In order to utilize certain features of the Website, you may be asked to provide personally identifiable information such as your e-mail address, name, mailing address, telephone number, social security number, credit card number or persistent identifier (such as a customer number held in a cookie) which is associated with personal information, as well as other information, which you may provide voluntarily. We collect such personally identifiable information that you give us so that we may:
By providing any personally identifiable information to the Website, you fully understand and unambiguously consent to the collection and processing of such information in the United States of America. We will provide you reasonable access to information that you provided through the Website and the reasonable ability to review and correct it. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data, where applicable.
Site Visitorship Data is information about the way a website is used that is not associated with an individual's identity. We use aggregate anonymous data regarding online behavior to better understand how people use our Website. To that end, we may use aggregated, anonymous online traffic behavior along with information form third parties to track usage trends and thereby improve our Website. We may also use this aggregated, anonymous information to develop reports that we may share with third party marketing partners and customers. The kind of information we may collect includes:
Most Site Visitorship Data is collected using data collection tools such as web beacons, cookies, embedded web links, and other commonly used information-gathering tools. We use Site Visitorship Data to develop, manage, and improve the Website. Sometimes we may aggregate Site Visitorship Data with personally identifiable information from registered members. We may use that information to:
Circumstances may arise where, whether for strategic or other business reasons, ChowBaby decides to sell, buy, merge or otherwise reorganize businesses. Such a transaction may involve the disclosure of personally identifiable information to prospective or actual purchasers, or the receipt of it from sellers. It is our practice to seek appropriate protection for information in these types of transactions.
We may recommend or require the use of encryption technologies for certain types of communications conducted through this Website. While we may provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
ChowBaby will not release any personally identifiable information to third parties without your consent except as follows:
From time to time, we (or other users) may provide links to unrelated third party websites as well as links to websites owned and operated by entities with which we have contractual relationships. We may also permit third parties to link to the Website. Links to or from any third party site, whether provided by us or not, do not imply any endorsement, approval, or verification by us of any content available on or the policies of such third party sites. We do not, even periodically, review these third party sites and we are not responsible or liable for their availability, the services they may provide, or the completeness of their content. By providing access to other websites, ChowBaby is not recommending the purchase or sale of products or services provided via such linked site. Subject to the terms of applicable service or other agreements, we will remove any link from this Website upon request from the owner of the linked site.
Please be aware that when you opt out of receiving communications, it may affect the services you have chosen to receive from us where accepting the communications is a condition of receiving the services.
We do not knowingly collect or distribute personally identifiable information from minor children. If you are the parent or guardian of a minor child and believe that they have disclosed personally identifiable information to us, please contact us by e-mail so that we may delete the minor's information. You can learn more about children's privacy and the Children's Online Privacy Protection Act (COPPA) at the Federal Trade Commission's website at: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html
We obtain personal information only as permitted by the Safe Harbor Principles or with the consent of the individual affected. We may ask for your consent to collect, use, and/or disclose personal information in certain ways, and you may be required to give your consent in order to use the website or our services. To the extent permitted under the Safe Harbor, we reserve the right to process personal information in the course of providing services through the Website without the knowledge of individuals involved.
It is important for us to know what visitors have to say about our Website. To contact us with your questions or comments please email us at email@example.com.