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These terms and conditions form a binding agreement (the "Agreement") between you and Babycurean, LLC (hereinafter “Babycurean”). Your access to or use of the Website indicates your acceptance of these Terms and Conditions. Use of the Website is at your own risk.
Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (the "Content") is available on the Website. Some of the Content is provided by Babycurean or its suppliers, while other Content is provided by persons who use the Website (the "Users"), including User opinions provided via posts, blogs, bulletin boards, or discussion forums. While Babycurean strives to keep the Content that it posts on the Website accurate, complete, and up-to-date, Babycurean cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Babycurean, its suppliers, or Users of the Website. Any opinions, advice, statements or other information expressed or made available by Users or third parties are those of the respective User or other third party and not of Babycurean. Babycurean does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
Babycurean does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Website. Notwithstanding the foregoing, Babycurean retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
THE CONTENT AVAILABLE VIA THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BABYCUREAN, NOR ITS SUPPLIERS OR USERS (AS DEFINED BELOW), ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS EDUCATIONAL AND IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE CONTENT 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 With Respect to Website
THE USE OF THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Limitations of Liability
BABYCUREAN AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT BABYCUREAN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
ADDITIONALLY, IN NO EVENT WILL BABYCUREAN OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BABYCUREAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The Website is owned solely by Babycurean. All rights to and interest in the Content available via the Website, including designs, trademarks, service marks, trade names, and Website URLs are the property of Babycurean or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
Limited License to Use Content
Babycurean grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Website solely for your personal, noncommercial use; provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on the Content. You may not use any Content available via the Website in any other manner or for any other purpose without the prior written permission of Babycurean. All rights not expressly granted in this Agreement are expressly reserved to Babycurean.
All trademarks appearing on the Babycurean Website are the property of their respective owners, including, in some instances, Babycurean. You may not use or display any trademarks, service marks, logos or designs owned by Babycurean, or its affiliates, without the prior written consent of the owner.
You hereby agree to indemnify and hold harmless Babycurean, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Website.
Modification or Suspension of the Website
Babycurean may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Website. The provisions of this Agreement shall continue to apply indefinitely.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
This Agreement and the resolution of any dispute related to this Agreement or the Website shall be governed by and construed in accordance with the laws of Georgia, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Babycurean and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Dekalb County, Georgia, United States, and you further agree to submit to the personal and exclusive jurisdiction of such courts.
Modifications to this Agreement
Babycurean may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Website, and specifying the effective date of the new version of the Agreement. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes.