BABYFEVER TERMS AND CONDITIONS OF USE
Updated as of November 10, 2022
Welcome to BabyFever! Please take a few minutes to read these important terms and conditions (“Terms”).
I. INTRODUCTION These Terms govern your use of the online services provided by BabyFever, and its affiliates (“BabyFever,” “us,” or “we”), including BabyFever Services, www.babyfever.com, mobile applications, and/or other services (“Services”). The Services are intended for use by users that reside in the United States and are 18 or older (or 13 or older, with the consent and involvement of a parent or guardian). If you are not the intended audience or you object to these Terms, you may not use our Services. These Terms act as a binding agreement between you and us, and by accessing any Services in any way, you agree to be bound by all of them, including, but not limited to, resolving disputes via binding arbitration, conducting this transaction electronically, disclaiming warranties, damage and remedy exclusions and limitations, and a choice of Georgia law.
From time to time we may update the Services and these Terms, and such changes shall be applied prospectively. Your use of the Services after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. We will notify you of any material updates to the Terms. We may, in our sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you if the Services are discontinued or your ability to access the Services (including any content you may have posted) is terminated.
II. INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You. We own or license all content contained within the Services, including without limitation, text, images, icons, data, software, trademarks, trade dress and User Content (defined below) (collectively, “BabyFever Content”). BabyFever Content may be protected by domestic and international copyright, patent, trademark, and other rights, and all rights, titles and interests are reserved by the respective owners. You may access and use BabyFever Content solely for your personal, noncommercial use. You may not access or use BabyFever Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any BabyFever Content. You may, however, from time to time, download and/or print one copy of individual pages of the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By displaying, publishing, or otherwise posting any User Content on or through the Services, or by affirmatively agreeing to our online request to use your User Content (electronically or otherwise), you hereby grant us a perpetual, non-exclusive, sub-licensable (through multiple tiers), worldwide, fully-paid, royalty free license to use such User Content (including without limitation, to modify, publicly perform, publicly display, reproduce, create derivative works of, and distribute such User Content for any purpose, whether it contains a personal likeness or otherwise) in any and all media now known or hereinafter developed, without the requirement to make payment to any party or seek any third party permission or make any authorship attribution. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein, though for purposes of this Section, you waive all “moral rights” in the same. You represent and warrant that (i) you own the User Content submitted, displayed, published, provided, or posted by you on the Services, or otherwise have the right to grant the license set forth herein, and (ii) your displaying, publishing, providing, or posting of any User Content you submit, and our use thereof in accordance with these Terms, does not and will not violate applicable law or any privacy, publicity, copyright, trademark, patent, contract or any other rights of any person or entity. Notwithstanding the foregoing, you further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Services or features therein. We may cancel and terminate any account or User Content at any time without notice. We assume no liability for any information removed from our Services, and reserve the right to permanently restrict access to the Services or a user account.
If the Services require you to create an account or provide personal information, you agree to submit accurate, complete information, and to update it as appropriate. You are solely responsible for the activities and security of your account, and you must notify us if you suspect any unauthorized use. We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to us.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
III. ASSUMPTION OF RISK; RELEASE
You knowingly and freely assume all risk when using the Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify BabyFever and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “BabyFever Parties“) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Services.
IV. PERIODIC CHANGES TO TERMS AND CONDITIONS OF USE
We reserve the right, at our sole discretion, to revise, update, or modify these Terms. The revised Terms and Conditions of Use will be posted within the Services and all changes are effective immediately upon posting. Your continued use of the Services following the posting of the amended Terms means you are agreeing to be bound and accept the amended Terms.
V. LIMITATIONS ON LINKING AND FRAMING
You may establish a hypertext link to the Services so long as the link does not state or imply any sponsorship of your Services by us or by the Services. However, you may not, without our prior written permission, frame or inline link any of the content of the Services, or incorporate into another Services or other service any of our material, content or intellectual property.
VI. ONLINE COMMERCE
Certain sections of the Services may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant through our Services, the information obtained during your visit to that merchant’s online store or Services, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Services, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Services and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Services.
Your participation, correspondence or business dealings with any third party found on or through our Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through our Services. You agree to use the Services and to purchase services or products for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
VII. YOUR ACTIONS
Our Services may include a variety of features, such as bulletin boards, web logs, chat rooms, blogs, community chats, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Services, or sent via any email services on the Services, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Services.
To ensure a positive experience for all users, you agree that you will not: (i) use or exploit the Services for any purpose that is illegal, tortuous, libelous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, pornographic, intrusive on another’s privacy, harmful to the interests of us or our users, or inappropriate with respect to race, gender, sexuality, ethnicity, or another intrinsic characteristic; (ii) upload, post, reproduce, distribute, transmit, transfer, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right (including our trademarks and trade dress) without first obtaining the permission of the owner of such rights; (iii) collect or store personal data about other users; (iv) reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Services (including any software we make available) for any purpose unless expressly approved by us in writing; (v) upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (vi) undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Services, nor will you use or exploit the Services in any way other than as expressly permitted by these Terms; (vii) remove, alter, obscure, or otherwise render unintelligible any proprietary notices; and (viii) deploy or utilize any automated method of collecting content from our site, such as robots, crawlers, and scraping mechanisms (Sections (i) through (viii) collectively, “Prohibited Use”). To protect the interests of us and our users, we may monitor, modify, terminate, and disclose to third parties (including law enforcement) your use of the Services (including User Content) at any time.
Additionally, it is a condition of your use of the Services that you do NOT:
BabyFever may host message boards, chats and other private/public forums on its Services and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. BabyFever or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by BabyFever staff, BabyFever’s outside contributors, or by users not connected with BabyFever, some of whom may employ anonymous user names. BabyFever expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of BabyFever or any of its subsidiaries or affiliates. BabyFever has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Services. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
VIII. LIMITATIONS RELATED TO PROTECTED HEALTH INFORMATION
You agree that we may provide you with notices, including those regarding changes to these Terms and Conditions of Use, by email to the address you provide at the time of registration.
XII. DISCLAIMER OF WARRANTIES
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SERVICES AND BY BABYFEVER AND ANY THIRD-PARTY SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SERVICES, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THESE SERVICES ARE MADE AVAILABLE TO USERS IN THE U.S., AND WE MAKE NO WARRANTY OR REPRESENTATION THAT ANY OF THE SERVICES ARE APPROPRIATE FOR USE IN OTHER LOCATIONS. NO PART OF THE SERVICES SHOULD BE CONSTRUED AS AN OFFER OR SOLICITATION BY OR TO ANYONE TO WHOM SUCH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SERVICES OR ON THIRD-PARTY SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
XIII. LIMITATION ON LIABILITY AND INDEMNIFICATION
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SERVICES OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY MATERIALS, PRODUCTS, OR SERVICES, OR WITH ANY OF THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THE SERVICES IS CONTINUALLY UNDER DEVELOPMENT AND BABYFEVER MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SERVICES:
THE SERVICES OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICES IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE SERVICES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. WE ARE NOT RESPONSIBLE FOR, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO, ALL USER CONTENT, ANY USER, AND ANY THIRD PARTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY US. YOU AGREE THAT YOU USE THESE SERVICES AT YOUR SOLE RISK.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICES (INCLUDING BABYFEVER CONTENT), YOU AGREE THAT WE ARE NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NON-ACTIONS IN RELIANCE THEREUPON. YOU ALSO AGREE THAT OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF AND ACCESS TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS) IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION, IF ANY. WE SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (“DAMAGES”), NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR SITES, RECORDS, PROGRAMS, SERVICES, OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR OUR SERVICES (INCLUDING BABYFEVER CONTENT), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BABYFEVER, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, FEES, FINES, AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR RELATING TO YOUR USE OF THE SERVICES OR VIOLATIONS OF THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
XIV. ELECTRONIC COMMUNICATIONS
Consent to Receive from BabyFever. By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Services, you expressly consent to receive electronic and other communications from BabyFever and its affiliated companies, over the short term and periodically, including email and short-message service (“SMS” or “text message”) communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
Consent to Receive from Users. Without limitation, by registering for the Services and providing your name, email, postal or residential address, and/or phone number through the Services, you consent to receive electronic communications, including email, instant messages, video conferencing, and other personal messages from other users of the Services.
Termination by You. You may terminate any of the SMS services or subscriptions at any time by texting “STOP.”
Description of SMS Services. The BabyFever provides text message-based services such as prescription renewal dates approaching; follow-up (general) along with self-schedule nutritionist link; weight loss coach check-ins; medical provider no-show to reschedule; product announcements, specials and promotions. You acknowledge and agree that the SMS service are for your personal use only. You may not use the services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of the services, you must enter into an agreement with BabyFever in advance. Please contact us for more information.
We may cancel or terminate your right to use the Services or any part of the Services at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Services affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Services, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
XVI. REFUND POLICY
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
XVII. DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by BabyFever infringe your copyright, you, or your agent may send to BabyFever a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon BabyFever actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to BabyFever a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
This Agreement shall be binding upon and inure to the benefit of us and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of BabyFever. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by BabyFever to any affiliated entity or any of its wholly owned subsidiaries.
XIX. DISPUTE RESOLUTION
If a dispute ever arises between us, please contact us. If we cannot resolve the matter informally, you and we each agree that any and all disputes or claims that have arisen or may arise between you and us shall be resolved exclusively through final and binding arbitration, rather than in court (“Agreement to Arbitrate”). The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate, which shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms. A form for initiating arbitration proceedings is available on the AAA’s website. The arbitration shall be held in the county in which you reside. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Georgia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different BabyFever users, but is bound by rulings in prior arbitrations involving the same BabyFever user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
XX. CLASS ACTION WAIVER
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
XXII. ADDITIONAL TERMS
These Terms, including all other terms and policies referenced herein, constitute the entire agreement between you and us with respect to the Service, and shall be construed in accordance with the laws of the State of Georgia, without respect to its conflict of laws rules. In the event of any inconsistencies between these Terms and the policies referenced therein, these Terms shall control. Our failure to exercise or enforce any terms herein shall not constitute a waiver, and if we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If you breach any provision of these Terms, you may no longer use the Services. If these Terms or your permission to use the Services is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Services and anything relating to or arising from such use. If you are dissatisfied with the Services or with these Terms, your sole and exclusive remedy is to discontinue using the Services. These Terms, including any or all rights and obligations hereunder, may be freely assigned or transferred by us, but not by you. Section headings are included for convenience only, and shall not affect the interpretation of any Terms. You agree that any electronic notices we send you shall satisfy any requirement that such notices be made in writing. If any part of this these Terms is ruled to be unlawful, void, or for any reason unenforceable, then such part shall be deemed severable from these Terms, and shall be eliminated or limited to the minimum extent necessary. The remainder of these Terms, including any revised portion, shall remain and be in full force and effect.
BabyFever details information pertaining to healthcare designed to help people wanting a child. That process includes topics such as fertility, infertility, relationships, reproductive health, prenatal care, pregnancy, postpartum, mental health, stress, depression, therapy, men’s health, women’s health, LGBTQIA+ matters, etc., in part known as “content” going forward.
You submit to and agree that the following warnings and disclaimers apply to all content, including any of the same information from other users or members in our curated support groups, online forums or webinars. Ahead of your participation in any part of BabyFever communities, we strongly suggest that you talk with a physician, attorney, financial advisor or other licensed professional.
BabyFever does not operate and should not be considered as your medical advisor, nor should it replace your licensed healthcare provider. The information obtained through BabyFever should not be used in replace of medical advice, diagnosis or treatment issued by your own physician, nurse practitioner, physician assistant, therapist, attorney, financial expert, counselor, mental health practitioner, licensed dietitian or nutritionist, or any other licensed or registered health care professional. None of our content should be used in place of advice issued by a professional or by a qualified medical or mental health professional. It is imperative that you never disregard professional medical or mental health advice or prolong seeking professional advice because of information you have read on BabyFever in any of our communities, including our curated support groups, online forums, webinars or any information via email received from us. Always seek out and use the advice of your own medical provider, mental health provider and the like as it relates to concerns you have about your health or before implementing any recommendations or suggestions from BabyFever.
You should not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. Once you first suspect that you have a medical or mental health issue, promptly contact your healthcare provider. If you know or suspect that you may be pregnant, have endured a miscarriage, are suffering from postpartum depression or have any other physical, psychological, emotional or medical or mental health condition, it is important that you go to your doctor or other healthcare provider before seeking to help yourself using BabyFever content.
BabyFever does not attempt to provide healthcare, medical, mental or nutrition therapy services or attempt to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, financial, family, legal or religious advice whatsoever. You acknowledge that you are participating voluntarily in using BabyFever and that you are solely and personally responsible for your choices, actions, conversations and results, now and in the future. You take on full responsibility for the manner in which you use the content or in which you do not use the Content. Throughout the course of your use of BabyFever, all information you obtain, you agree to use at your own risk, judgment and you agree to take all necessary due diligence in researching and contacting your medical or health care provider, financial advisor or the like before implementing any idea, suggestion or recommendation from BabyFever. BabyFever’s position is to support and assist you in reaching your own parent goals and dreams, but your success depends only on your own effort, motivation, commitment and followthrough.
Each person’s results depend on their individual background, genetic and physical make up, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using content you receive on or through BabyFever.
BabyFever content is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through the website or any associated emails, text messages or verbal conversations is for general information purposes only.
BabyFever is not responsible for the accuracy of information contained on or available through the website. Any information is subject to change without notice. You should confirm any information received from or through our content with other sources, and review all information regarding any medical condition or treatment with your physician.
BabyFever does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, healthcare providers or other information that may be contained on or available through the website, curated support groups, online forums or webinars. BabyFever is not responsible or liable for any advice or course of treatment, diagnosis or any other information services or products that you may obtain through our content.