1.         INTRODUCTION

 

Welcome to the Internet site operated by Infantbabynewborn.com and R&S Information LLC. (“Infantbabynewborn.com” and “R&S Information LLC”, “we”, “our” and “us”). This Internet site offers a wide variety of resources, products and services, some or all of which may be accessed through a variety of means (all of which are collectively called our “Site”). The term “you” or “your” includes any of your subsidiaries, affiliates, employees and parent or legal guardian.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing or using our Site in any way you are agreeing to comply with these Terms and Conditions, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Terms").

 

2.         AUTHORITY

 

By using our Site, you represent that you are at least 13 years old.  Persons who are at least 13 years of age, but under the age of 18 may only use our Site with legal parental or guardian consent.  Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site.

 

3.         CHANGES TO THE TERMS OR SITE

 

We may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. We reserve the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that Infantbabynewborn.com and R&S Information LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).

 

4.         DISCLAIMER

 

All material and products provided at infantbabynewborn.com are provided for educational purposes only.  Consult with a physician, or health care provider regarding the advisability of any opinions, recommendations, or products with respect to your individual situation.  Always consult your physician for issues and questions pertaining to pregnancy, breastfeeding baby care, etc.  It is recommended that you check with your physician before trying new products.  We cannot guarantee that every product will work for you.  Infantbabynewborn.com and R&S Information LLC shall not be held liable for any damages caused as a result of the use of the information or products contained herein.  Accessibility of documents, programs, information, and any other material through this Web site does not imply suitability or endorsement for any purpose whatsoever.

 

By accessing and/or viewing the Site, you agree to release, indemnify, and hold harmless R&S Information LLC and infantbabynewborn.com, and all of its officers and employees from all liability for your use of product(s) purchased.

 

5.         PRIVACY STATEMENT

 

We respect your privacy and will not sell or share your personal information.  If you order an item that will be sent directly from the manufacturer or wholesaler, we will only provide the manufacturer or wholesaler with the minimum necessary information to complete your order.  If you have any questions about this, contact us via the contact from on this website.

 

6.         Copyright, Licenses and Idea Submissions

 

The entire contents of the Site are protected by International copyright and trademark laws.  The owner of the copyrights and trademarks are R&S Information LLC and infantbabynewborn.com, its affiliates or other third party licensors.  YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY  MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.  You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.  You agree to grant to Infantbabynewborn.com and R&S Information LLC, a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including without limitation ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Infantbabynewborn.com and R&S Information LLC by all means and in any media now known or hereafter developed.  You also grant to Infantbabynewborn.com and R&S Information LLC the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.  You agree that you shall have no recourse against Infantbabynewborn.com and R&S Information LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to R&S Information LLC and infantbabynewborn.com.

 

7.         TRADEMARKS AND SERVICE MARKS

 

Publication, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of R&S Information LLC and infantbabynewborn.com.  Other product and company names mentioned in the Site may be the trademarks of their respective owners.

 

8.         THIRD-PARTY PRODUCTS AND SERVICES

 

You understand that, except for information, products or services clearly identified as being supplied by R&S Information LLC and babyseafetycenter.com, R&S Information LLC and infantbabynewborn.com does not operate, control or endorse any information, products or services on the Internet in any way.  Except for R&S Information LLC and infantbabynewborn.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Infantbabynewborn.com and R&S Information LLC.  

 

9.         DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AGREE THAT:

 

•     YOUR USE OF THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OUR SITE, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH OUR SITE AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  Infantbabynewborn.com and R&S Information LLC, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

 

•    Infantbabynewborn.com and R&S Information LLC AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.

 

•    ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE OR OUR SOFTWARE.

 

•    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Infantbabynewborn.com and R&S Information LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.

 

•    YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIAL SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.  YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.  Infantbabynewborn.com and R&S Information LLC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

 

 

 

10.       LIMITATION OF LIABILITY

 

IN NO EVENT WILL Infantbabynewborn.com and R&S Information LLC, THEIR EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF PROFITS, PERSONAL INJURY, OR LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, (i) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE EVEN IF Infantbabynewborn.com and R&S Information LLC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES DOWNLOADED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (v) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF Babycenter.com or R&S Information LLC OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.  Infantbabynewborn.com and R&S Information LLC LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Infantbabynewborn.com and R&S Information LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE COST OF A REFUND OF THE PRODUCT OR SERVICE PURCHASED AND/OR DOWNLOADED BY YOU FROM OUR SITE, AT THE ELECTION OF R&S INFORMATION LLC.

 

11.       THIRD PARTY SITES

 

Infantbabynewborn.com and R&S Information LLC make no representations whatsoever about any other web site which you may access through our Site or which may link to our Site.  When you access a non- Infantbabynewborn.com and R&S Information LLC web site, please understand that it is independent from Infantbabynewborn.com and R&S Information LLC and that Infantbabynewborn.com and R&S Information LLC has no control over the content on that web site.  In addition, a link to a Infantbabynewborn.com and R&S Information LLC web site does not mean that Infantbabynewborn.com and R&S Information LLC endorses or accepts any responsibility for the content or the use of such web site.

 

You also understand that Infantbabynewborn.com and R&S Information LLC cannot and does not guarantee or warrant that files available for downloading through websites of third parties will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to our Site or any third parties’ site for the reconstruction of any lost data.

 

12.       INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Infantbabynewborn.com and R&S Information LLC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms (including negligent or wrongful conduct) by you or any other person accessing the Site.

 

 

 

13.       THIRD PARTY RIGHTS

 

The provisions of paragraphs 8 (Third-Party Products and Services) and 12 (Indemnification) are for the benefit of Infantbabynewborn.com and R&S Information LLC and its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site.  Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

 

14.       TERMINATION

 

This Agreement may be terminated by either party without notice at any time for any reason.  The provisions of paragraphs 6 (Copyright, Licenses and Idea Submissions), 8 (Third-Party Products and Services), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 12 (Indemnification), 13 (Third Party Rights), 15 (Miscellaneous) and 16 (Arbitration Provision) shall survive any termination of this Agreement.

 

15.       MISCELLANEOUS

 

Infantbabynewborn.com’s and R&S Information LLC’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be performed in Georgia.  Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. Infantbabynewborn.com and R&S Information LLC may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of Infantbabynewborn.com and R&S Information LLC. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to the Service within one year after it arises or the cause of action is barred.

 

 

 

16.       ARBITRATION PROVISION

 

You agree that any legal action or proceeding between Infantbabynewborn.com and R&S Information LLC and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association, in accordance with the applicable rules, with the matter to be heard in Southfield, Michigan.  The Arbitrator shall apply the substantive law of the State of Georgia.  The arbitration shall be conducted in accordance with the United States Arbitration Act (Title 9, U.S. Code) notwithstanding any choice of law provision in this Agreement The parties agree that, except for misapplication of the law, judgment upon the award rendered in such arbitration may be entered in and enforced by any court of competent jurisdiction including, but not limited to, the United States District Court for the Western District of Michigan.