Terms of Use
These Terms of Use apply to all websites, services, software, applications, Content and Products (as defined below) provided by the Operator to you as a user of the Services. Please read these Terms carefully. Your access to and use of the Services are governed by the Operator’s Privacy Policy, which can be found at findababylist.com/privacy and is incorporated into these Terms by reference.
These Terms govern Your use of the Services and constitute a binding agreement between You and the Operator, deemed accepted when you access or use the Services. If You do not agree, do not use the Services. The Operator reserves the right to revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms. By continuing to access or use the Services after updates, You agree to be bound by the updated Terms.
PLEASE READ THE DISPUTE RESOLUTION SECTION CAREFULLY. IT INCLUDES AN ARBITRATION AGREEMENT, A PRE-ARBITRATION INFORMAL PROCESS, A CLASS ACTION WAIVER, MASS ARBITRATION PROCEDURES, AND A JURY TRIAL WAIVER.
The Operator reserves the right to restrict, refuse, or terminate Your ability to use the Services without liability.
Definitions
“Content” means all content on the Website, including text, images, videos, designs, graphics, logos, software, and related intellectual property.
“Product(s)” means any products purchased from the Operator or third parties through the Website or any mobile application.
“Post or Provide” means to upload, post, transmit, share, store, submit, link to, or otherwise make available on the Website.
“Website” means any web pages under the Operator’s control, including findababylist.com and subpages.
Eligibility and Account
If You are accepting these Terms on behalf of a company, You represent that You have authority to bind them. You certify that You are legally permitted to use the Services. You are responsible for all persons who access the Website through Your internet connection.
You must be of legal age and have a valid payment method to purchase any Products on the Website. Some Services require an account. By creating an account, You represent that You are responsible for maintaining confidentiality of Your account and for all activities under it. You agree to provide accurate, current registration information and update it.
You agree not to impersonate others. The Operator reserves the right to accept or refuse Your account application.
As part of the Services, if you provide a mobile number, We may send SMS messages to perform and improve the Services. You may opt-out by modifying account settings.
Usage
You agree not to use the Services illegally or in a manner the Operator deems objectionable. You will access the Services only through provided interfaces.
When using the Services, You agree not to:
- Attempt to decipher, decompile, or hack the Website or related software.
- Attempt to breach security measures.
- Circumvent technological protections.
- Use the Services for commercial solicitation.
- Interfere with other Users’ use.
- Impersonate any person.
- Violate any applicable law.
- Defame, abuse, harass, or violate others’ legal rights.
- Disable, damage, or impair the proper working of the Services.
- Use robots, spiders, or scrapers to access the Services.
- Send spam or unauthorized advertisements.
- Harvest contact information without consent.
- Solicit personal information from Users.
- Provide false personal information or create multiple accounts.
- Offer contests or promotions through the Operator.
- Do anything illegal, fraudulent, or that could cause harm.
- Refer a friend unless that friend is of legal age.
- Allow a child below a certain age to provide personal information in User Content.
- Attempt or encourage any of the above.
The Operator may investigate and prosecute violations and cooperate with law enforcement.
Purchases of Products on Website
Customers must be of legal age with a valid payment method.
Availability: The Operator does not guarantee availability of Products.
Pricing: Prices may change. The Operator reserves the right to cancel an order due to pricing errors.
Delivery: The Operator delivers Products to a designated place. Additional shipping fees may apply.
Refunds and Exchanges: Subject to the Operator’s refund and exchange policy.
Transactions: The Operator reserves the right to refuse or limit orders.
Risk of Loss: Title and risk of loss pass to You upon delivery to the carrier.
Warranty Information: Found in the third-party manufacturer’s warranty.
Promotional Programs
The Operator may provide Promotional Programs, described at findababylist.com/promotions. The Operator may change or delete terms at any time.
Gift Cards
The Operator may issue Gift Cards usable for Services. Gift Cards are not replaceable if lost or stolen. They have no expiration date but may be subject to unclaimed property laws. Gift Cards are not redeemable for cash except as required by law. They may be used as personal gifts but not for marketing. Gift Cards cannot be reloaded. Use constitutes acceptance of these Terms.
Currency
The Operator operates with a primary currency. If purchasing with a non-local payment method, currency exchange fees may apply.
Taxation Consequences
You are responsible for applicable taxes on any funds received. You agree to indemnify the Operator for any tax-related claims.
Payments
The Operator uses third-party Payment Processors. Sending or receiving payments is subject to their Terms of Service.
User Content
The Operator may offer community features. You must be of legal age to participate. You may Post or Provide User Content, but not content that is illegal, offensive, harmful, or infringing. You grant the Operator a broad license to use User Content. The Operator may remove or edit User Content. The Operator is not responsible for User Content.
Intellectual Property
The Services are protected by copyright, trademark, and other laws. The Operator provides a limited, non-exclusive license to access and make personal, non-commercial use of the Services. Unauthorized use is prohibited.
Mobile Apps
Use of Mobile Apps requires a compatible device. The Operator grants a non-exclusive, revocable license for personal use on one device. The Operator may issue upgraded versions. By using Mobile Apps, You agree that certain information may be communicated to the Operator.
Limited Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR PRODUCTS WILL BE ERROR-FREE OR AVAILABLE. SERVICES ARE PROVIDED “AS IS.” THE OPERATOR DISCLAIMS ALL WARRANTIES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OR INABILITY TO USE THE SERVICES OR PRODUCTS. THE OPERATOR’S AGGREGATE LIABILITY SHALL NOT EXCEED AMOUNTS YOU HAVE PAID.
Indemnity
You agree to indemnify the Operator against claims arising from Your use of the Services, breach of these Terms, or violation of laws.
Term and Termination
These Terms remain in effect while You are a User. The Operator may terminate Your access at any time without notice. Provisions that should survive termination will remain in effect.
Dispute Resolution
PLEASE READ CAREFULLY: YOU AND THE OPERATOR AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WITH A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
Arbitration Agreement: All claims arising out of these Terms or use of the Services will be resolved by binding individual arbitration, except small claims disputes or injunctive relief claims.
Informal Dispute Resolution: Prior to arbitration, you must send an individualized Pre-Arbitration Demand to the Operator’s designated address (available on the Website) so that we can work together to resolve the dispute. If not resolved within 60 days, arbitration may be filed.
Arbitration Procedure: Governed by the Federal Arbitration Act. Arbitration will be conducted by an arbitrator selected from a recognized arbitration organization, in accordance with their rules. The arbitration will be held in a neutral location unless otherwise agreed. The arbitrator’s award is final and binding.
Mass Arbitrations: Special procedures apply if 75 or more similar claims are filed in coordination.
Class or Consolidated Action Waiver: All claims must be arbitrated on an individual basis, not as a class action.
Jury Trial Waiver: Both parties waive any right to a jury trial.
Confidentiality: Arbitration materials will be kept confidential.
Right to Opt Out: You may opt out of arbitration by notifying the Operator in writing within 30 days of first registering for the Services.
Miscellaneous
Privacy: See the Privacy Policy at findababylist.com/privacy.
Removal of Your Information: Requests to remove information can be sent as described on the Website.
Commercial Use: Commercial use of the Services is prohibited without written consent.
Third-Party Links: The Operator is not responsible for third-party websites.
Unencrypted Email Communications: You consent to receiving unencrypted email communications.
Access Outside the United States: The Operator makes no claims that the Services may be lawfully accessed outside its home jurisdiction. You assume risk.
Governing Law: These Terms are governed by the laws of a specific state, excluding conflicts principles. Jurisdiction lies in the courts of that state.
Waiver, Assignment, Headings: Standard provisions apply.
Contact Information: Questions may be directed through the channels provided on the Website.