SmileBaby, LLC created MyBabyBottles.com (hereinafter the Site) to be an online resource and retail center dedicated to combining needed and useful information about baby bottles and accessories with the best prices possible. Our goal is to eliminate the stress and confusion associated with determining which baby bottle is the best fit for your baby. We do that by providing advice of a general nature from parents who have gone through the bottle phase with their baby and stating, in plain language, the pros and cons of various bottles on our Site. None of the advice that is provided on the Site should be considered as advice of a medical nature whatsoever. It is intended to be nothing more than parents passing along thoughts to other parents in the spirit of human kindness with the notion that it takes a village to raise a child. With that in mind, below we provide some terms and conditions governing your use of our Site. We may change these terms and conditions from time to time so we encourage you to check back for any changes. You understand that your use of the Site means that you agree to the terms and conditions outlined below.
By using our Site, you agree to accept these terms and conditions, so please be sure to read them carefully. If you do not agree with them, please do not use the Site. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time. Please check this page periodically for changes. Unless the law requires otherwise, your continued use of the Site following the posting of changes to these terms will mean that you accept those changes.
PLEASE BE ADVISED THAT TO THE EXTENT THAT SMILEBABY, LLC PROVIDES ANY CONTENT FROM THIRD PARTIES, SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. SMILEBABY, LLC CANNOT AND DOES NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THE ITEMS LISTED AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CONTENT LISTED.
While we cannot guarantee that all the features and functions of our Site will be fully accessible by all people with disabilities, we are committed to making the shopping experience provided by our Site available to all our customers, including those with disabilities, and have designed this Site with accessibility in mind. If you notice any content, feature or functionality of the Site that is not accessible to people with disabilities, please email us at firstname.lastname@example.org. Please indicate in the subject line that you are emailing about disability access to the Site and provide a description of the specific feature you feel is not accessible or a suggestion for improvement. We promise that any such suggestion will be taken very seriously. While we cannot guarantee that a suggested change will be made to the Site, we continually evaluate ways to accommodate all of our customers and our overall accessibility policies.
RESTRICTIONS RELATIVE TO CONTENT ON OUR SITE
The Site and all of its content are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our Site is the exclusive property of SmileBaby, LLC. Content on the Site may not be used for any purpose other than browsing, shopping, and using the services and information provided for your own private use.
The following are trademarks and otherwise protected marks of SmileBaby, LLC: MyBabyBottles.com, your one stop BOTTLE shop, BOTTLE TALK, Come for the advice, stay for the prices, the baby bottle icon, and An Online Resource and Retail Center. In some instances, these marks may be registered with the U.S. Patent and Trademark Office.
These trademarks and service marks may not be used by any party other than SmileBaby, LLC and its affiliated partners without express written consent. To the extent the Site includes trademarks owned by other parties, any such trademarks is the property of its respective owner(s).
By using the Site, you agree not to copy, reproduce, or modify any portion of the Site. This restriction includes copying, reproducing, or modifying any names, trademarks and logos which SmileBaby, LLC owns or has the right to use. You may not use the names SmileBaby, LLC or MyBabyBottles.com, its trademarks, service marks, logos, designs, slogans or any other words or codes identifying SmileBaby, LLC or MyBabyBottles.com in any meta tags, "hidden text," information used by search engines or other information tools to identify and select websites without the express written consent of SmileBaby, LLC.
Material can be downloaded onto one computer for personal, non-commercial use only, provided the copyright, trademark, or other proprietary notices are not changed or deleted. Any modification of the materials on our Site or use of them for any other purpose will violate intellectual property rights.
With the exception of applications commonly known as Web Browser software, or other applications formally approved by SmileBaby, LLC in writing, you agree not to use any software, program, application or any other device to access or log on to SmileBaby, LLCs computer systems, the Site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from SmileBaby, LLCs computer systems, Websites or proprietary software. SmileBaby, LLC is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the Site in particular.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy the pages of our Site or the content contained therein without the prior written permission of SmileBaby, LLC; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
SmileBaby, LLC hereby grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MyBabyBottles.com so long as the link does not portray the Site, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Site, its logo or other proprietary marks as part of the link without express written permission. You may not present a link to the Site that in any way suggests SmileBaby, LLC has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products or services on your website absent the written consent of SmileBaby, LLC.
The Site permits you to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. SmileBaby, LLC reserves the right (but not the obligation) to remove or edit such content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary. You grant SmileBaby, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and/or content throughout the world in any media.
You grant SmileBaby, LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SmileBaby, LLC or its affiliates for all claims resulting from content you supply. SmileBaby, LLC has the right but not the obligation to monitor and edit or remove any activity or content. SmileBaby, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
Any conduct by you that, in our sole discretion, restricts or inhibits any other user from using or enjoying our Site will not be permitted. You agree to use our Site only for lawful purposes.
DISCLAIMER AND LIMITATION OF LIABILITY
Your use of the Site is on an as is basis. SmileBaby, LLC makes no representations or warranties of any kind, either express or implied, as to the operation of the Site or the information contained therein. You expressly acknowledge that use of the Site is at your own risk.
To the extent permitted by applicable law, SmileBaby, LLC expressly disclaims all warranties including the Implied Warranty of Merchantability and Implied Warranty of Fitness for a Particular Purpose. SmileBaby, LLC does not warrant or guarantee that the Site is free from viruses or other harmful malware although we take every precaution to make sure the Site is free of any such harmful software. SmileBaby, LLC, is not liable for any damages resulting from your use of the Site including any incidental, consequential, actual, or punitive damages.
Certain state laws preclude us from placing any limitation on the implied warranties that may arise by operation of law with your purchase of a product on the Site. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you may have additional rights.
You agree to indemnify, defend, and hold SmileBaby, LLC, and its affiliates, managers, members, partners, agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made by any third party arising out of your violation of these Terms.
MODIFICATION OF THE SITE
From time to time, SmileBaby, LLC may make changes to the Site to further enhance the shopping experience of our customers. SmileBaby, LLC also reserves the right to suspend or discontinue, either temporarily or permanently, any portion of the, or the entire, Site without notice to you. You agree that SmileBaby, LLC is not liable to you or any third party for any such modification, suspension, or discontinuance.
In an effort to better serve our customers, we will often offer sales or discounts on specific items, sets of items, or entire categories. We reserve the right to begin and/or discontinue these sales or discounts at any time. Furthermore, the discounts offered with a promotional code are limited to one per order and one per person or address unless otherwise noted. We reserve the right to cancel any order at any time and, in the event an order is cancelled, we agree to refund any payments made in their entirety.
The license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Site. You further agree that SmileBaby, LLC, in its sole discretion and with or without notice, may terminate your access to the Site and remove and discard any information or content from the Site. You also agree that SmileBaby, LLC will not be liable to you or any third-party for any termination of your access to the Site.
GOVERNING LAW AND SEVERABILITY
These Terms shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of law principles. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. If you use our Site from a location outside of the United States, you are responsible for compliance with any applicable local laws. In addition, you may not use or export the materials in violation of U.S. export laws and regulations.
You agree that any dispute arising out of your use of the Site including, but not limited to, the receipt of any information from the Site and your use of any product obtained in any manner from the Site will be decided under California law in the Los Angeles County Superior Court. You consent to the jurisdiction of the Los Angeles County Superior Court to adjudicate any issue arising out of any dispute hereunder. In the event any action is taken that relates in any manner to your use of the Site or the purchase or receipt of any product from the Site, you agree that each party will pay their own attorneys fees and costs with no right of recovery of such damages from the other party.