We reserve the right to update or modify this Agreement at any time and from time to time. When we make changes to this Agreement, we will revise the “last updated” date at the top of this Agreement. If there are material changes to this Agreement, we will notify you of any such modifications by posting a message on the Site. We encourage you to periodically review this Agreement. Your continued use of the Site after any changes or revisions to this Agreement shall indicate your agreement to abide by the terms of this Agreement.
United States Use Only. The Site is intended to be used only by users who are residents of the United States. Users who access the Site from outside the United States do so at their own initiative and risk and are responsible for compliance with all applicable laws.
Intellectual Property Rights in the Site. You acknowledge that the Site and the Content are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of R Baby or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
Trademarks. The “R Baby Foundation,” “R Baby Foundation Saving Babies Lives,” and “R Baby MedExchange” logos and trademarks are trademarks and service marks of R Baby (the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Site, without R Baby’s prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to R Baby’s benefit.
Copyright Complaints. R Baby’s designated agent under the Digital Millennium Copyright Act is as follows:
R Baby Foundation
c/o Powered by Professionals
1375 Broadway, 3rd Floor
New York, NY 10018
If you believe that the Site or any Content infringes your copyright, please provide the following information to the person identified above: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Submitted Information. If you submit any information or materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Submitted Information”) to R Baby through the Site, you agree that all such Submitted Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. R Baby may use Submitted Information for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. By submitting any Submitted Information, you grant R Baby a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Submitted Information and to use your name and other identifying information in connection with such Submitted Information.
Links to Other Web Sites. The Site may provide links to third party websites (“Third-Party Sites”). This Agreement governs only the Site and not any Third Party Sites. R Baby’s decision to link to a Third-Party Site is not an endorsement of the content or services in that Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. R Baby prohibits the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by R Baby in writing. You may not frame any elements of this Site with any other website.
Nature of the Content. ALL CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT R BABY IS NOT ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
Disclaimer of Warranties. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF R BABY, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “R BABY PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE OR CONTENT. NONE OF THE R BABY PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF THE R BABY PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that R Baby is not responsible for the performance of your hardware, software, the Internet, your Internet service provider or other third parties involved in connecting you to the Site.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ANY OF THE R BABY PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE CONTENT OR OTHER INFORMATION OBTAINED THROUGH THE SITE. IN NO EVENT SHALL ANY OF THE R BABY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Indemnification. You agree to defend, indemnify and hold the R Baby Parties harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or breach of any of the terms of this Agreement.
Termination. R Baby reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. R Baby reserves the right to change, suspend, or discontinue all or any part of this Site at any time without prior notice or liability.
Miscellaneous. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled disclaimer of warranties, limitation of liability, indemnification and miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. This Agreement contains the entire agreement of the parties concerning the Site and the Content, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site or Content. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site or Content that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by R Baby.
Thank you for your cooperation. R Baby hopes that you find the Site and Content helpful and convenient to use! Questions or comments regarding the Site or Content, including any reports of non-functioning links, should sent to us via email at email@example.com or via U.S. mail to R Baby Foundation c/o Powered by Professionals, 1375 Broadway, 3rd Floor, New York, NY 10018.