Terms

Terms & Conditions

The following “Terms of Use” and “Privacy Policy” referenced herein or incorporated by reference, explain the terms and conditions on which you may make use of www.babysweetooth.com (referenced herein or incorporated by reference as the “Website”), be it as a guest or as a registered user.  By using the Website you agree to accept and abide by these Terms of Use.

We may revise and update these Terms of Use at any time and without notification in accordance with section K below. The most current version of these Terms of Use supersedes all previous versions.  Your continued use of the Website means that you accept and agree to the revised Terms of Use which can be reviewed by clicking on the “Terms of Use” hyperlink located on the Website.

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

A.   ABOUT US

I.        The Website is operated by SweeTooth LLC, a limited liability company organized in the State of Wisconsin, referenced herein or incorporated by reference as (“we”, “us”, or “our”).

B.   USE AND ACCESS OF THE WEBSITE

I.        When you access and use the Website you are subject to these Terms of Use in addition to all applicable laws. Individual elements and features of the Website may have additional binding terms.  In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

II.        Any content and/or opinions uploaded, expressed, or submitted to any publicly available section of the Website, other than the content provided by us, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of us. You understand and acknowledge that you are responsible for all content you submit, and you, not us, have full responsibility for such content, including its legality, reliability and appropriateness. Content that is hateful, obscene, indecent, harassing, offensive, abusive, threatening, defamatory, pornographic, incites violence, contains nudity, graphic or gratuitous violence, or is otherwise unlawful, is strictly prohibited.  By uploading or otherwise transmitting material to any area of the Website, you warrant that the material is your own, is in the public domain, or otherwise free of proprietary or other restrictions and that you have the right to post it to the Website. You grant to us the right to use any and all content you upload or otherwise transmit to the Website in accordance with the Privacy Policy.

III.        We reserve the right to withdraw or amend access to our Website without notice.  We may restrict access to some or all parts of our Website to users regardless of whether they are registered members or unregistered guests.

IV.        We reserve the right, but do not assume the responsibility, to (a) remove any material or content posted on the Website, which based on our sole discretion, we deem inconsistent with our Terms of Use.  This includes any material we have sufficient reason to believe is infringing upon copyright law; and (b) terminate any user’s Website account. We can neither review all material prior to being posted on the Website nor ensure prompt removal of objectionable material after it has been posted on the Website.  We assume no liability for any action or inaction as it pertains to content on the Website provided by anyone other than us. We reserve the right to take any action we deem necessary to protect the Website and the Website users; however, we have no liability or responsibility to any parties in relation to the activities described in this paragraph.

C.    INTELLECTUAL PROPERTY RIGHTS PERTAINING TO THE WEBSITE

I.        With the exception any content posted or provided by you, we are the owner of all the material published on the Website.  This includes but is not limited to, design, text, graphics, logos, software, and all intellectual property rights therein (such as copyright, trademarks, patents, etc.).  No Website content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by any means in any form, in whole or in part, without our prior written permission granting our consent.

II.        You are granted a license to use the Website and any site content, to which you have properly gained access, solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.  This license is revocable at any time without notice and with or without cause. You may not upload or republish site content on any internet, intranet or extranet site, except to the extent permitted in the Privacy Policy and these Terms of Use.

III.        All Website content and material which includes, but is not limited to, photographs, images, text, comments, communications, suggestions, or other information (each, a “Submission”) posted by you to the Website or otherwise sent to us relating to the Website will become our property and you agree that all intellectual property rights therein are transferred to us.

IV.        You grant us an irrevocable, non-exclusive, transferable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, license, and to incorporate any Submission in other works in any form, media, or other technology available.

V.        We will not be required to treat any Submission as confidential, and may use any Submission in our business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations. Notwithstanding the foregoing, all personal information you submit through the Website will be treated in accordance with our Privacy Policy.

D.   TRADEMARKS AND BRAND LOGOS

I.        SweeTooth is a registered trademark of SweeTooth LLC.  Other trademarks and logos shown on the Website are either owned by SweeTooth LLC or an affiliate thereof.  No rights are granted to use any trademarks, logos, or images on this Website without prior permission and the written consent of SweeTooth LLC.

E.    RELIANCE ON INFORMATION POSTED AND DISCLAIMER

I.        The materials on this Website are provided “as is” without a warranty of any kind, either express or implied. We disclaim all warranties, including any implied warranties of merchantability and fitness for a particular purpose. We do not warrant that that the content or functionality of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or hosting server are free of viruses or other harmful digital components. You assume the entire cost of all necessary service, repair, or correction to your computer, or any other digital device used to access the Website or its content, in the event of any loss of data or damage arising from the use of the Website or related content. We do not warrant or make any representation regarding use of the Website content in terms of accuracy, reliability, or otherwise as the content may include inaccurate technical or typographical errors. We strive to update our Website frequently reserve the right to change the content at any time without notice. If required, we may suspend access to our Website or close it indefinitely.

II.        This legal notice and the foregoing disclaimers are subject to any mandatory legal rights that cannot be excluded under applicable law, including your statutory rights as a consumer.

III.        All content of the Website is for informational purposes only. Any advice or information provided on the Website does not create or establish a professional relationship between you and us. Any advice, guidance, opinion, statement, or other information provided by the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge that any reliance upon advice, opinion, statement, or information on the Website is at your own risk and your own discretion thereby waiving any and all responsibility and liability as it pertains to us and the Website.

F.    OUR LIABILITY TO YOU

I.        Nothing in these terms of use shall limit or exclude our liability (if any) for;

a)    Fraud or fraudulent misrepresentation;

b)    Personal injury or death resulting from our negligence;

c)    Our breach of our statutory obligation to provide the website and related services using reasonable skill and care; or

d)    Any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

II.        Except as set out under section F.I, our liability for losses you suffer as a result of us breaching these terms of use is strictly limited to losses which are a foreseeable consequence of us breaching these terms of use. Losses are foreseeable where they are a likely result of our breach of these terms of use and are within ours and your contemplation at the time you accept these terms of use and start using the website. In any event, the collective liability of us and our subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors (regardless of the form of action, whether in contract, tort or otherwise) shall not exceed $75.

III.        IN NO EVENT SHALL WE BE RESPONSIBLE FOR:

a)    Indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us;

b)    Punitive, special or consequential damages;

c)    Loss of income or revenue, past, current, or prospective;

d)    Loss of business;

e)    Loss of anticipated savings or financial gain;

f)    Loss of data; and

g)    Any increased losses you suffer as a result of your own breach of these terms of use.

G.   YOUR LIABILITY TO US

I.        In the event that a claim or action is brought against us from your use of the Website and associated services which is caused by either: (a) any breach by you of and our Terms of Use or our Privacy Policy; or (b) the negligent, reckless or willful acts by you, you agree to pay, hold harmless and defend us in the claim or action and shall indemnify us for all resulting losses, damages, judgments, awards, costs, expenses and attorneys’ fees. You also agree to cooperate as fully as reasonably required in the defense of any claim and allow us to assume the exclusive defense and control of the matter.

H.   PRIVACY AND SECURITY OF YOUR INFORMATION

I.        Information about you is collected and used in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant all data provided by you is both accurate and current.

II.        You are prohibited from using any service, facility, or likeness in connection with the Website to compromise security or tamper with system resources, content, or accounts. The use or distribution of tools designed for compromising security is strictly prohibited. You may not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.  You are strictly prohibited from knowingly introducing viruses, Trojan horses, worms, or any other technologically harmful or malicious material, device, application, or executable.  If you become involved in any violation of system security, we reserve the right to release your details to anyone we deem appropriate in order to assist in the resolution of security incidents. We reserve the right to fully investigate suspected violations of these Terms of Use or any other malicious activity that relates to the operation of the Website.

III.        We will cooperate fully with local and federal law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone posting content that is believed to violate these Terms of Use. You waive and hold us harmless from any claims resulting from any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by either us or local or federal law enforcement authorities.

IV.        When content is removed from the Website you understand that copies may persist in backup storage for a period of time.

V.        You may not attempt to gain unauthorized access to our Website, the server on which our Website is hosted, or any other server, computer, database, or device connected to or affiliated with our Website.

VI.        By breaching this Section H, you commit a criminal offense under the law of the United States.  In the event of such a breach, your right to use our Website will cease immediately and we will report any and all breaches to relevant law enforcement authorities.  We will cooperate fully with those authorities by disclosing your identity to them.

VII.        We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website, your downloading of any material posted on it, or on any website linked to it.

I.    LINKING TO AND FROM OUR SITE

I.        You may not create a link to any part of our Website other than the home page unless written permission is granted by us. We reserve the right to withdraw linking permission without notice at any time and for any reason.

II.        The Website may contain links to other third party sites, including social media sites such as Facebook and Twitter. Links are provided for your information and convenience only and use of them is at your own risk. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse the content, products, services, or practices of any website other than our own, nor do we make any representations regarding their quality, content, or accuracy. We will not be held responsible for any activity related to your use of a third party website linked from our Website.

J.    JURISDICTION AND APPLICABLE LAW; LIMITATION PERIOD

I.        These Terms of Use will be binding on SweeTooth LLC, and you, and shall be governed by the laws of the State of  Wisconsin, USA and the parties agree to submit to the non-exclusive jurisdiction of the state and federal courts of Wisconsin.

II.        Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

K.   CHANGES TO TERMS OF USE

I.        We may revise our Terms of Use at any time by amending this page. If we make changes to these Terms of Use we will notify you by posting details of the amendment at the top of this page for five (5) business days. It is our expectation that you visit this page and read the Terms of Use, and any notification of changes made, as they are binding on you. By continuing to use the Website after changes have been made, you will be deemed to have accepted any amendments to these Terms of Use.

L.    SEVERABILITY AND RELATIONSHIP

I.        If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the other provisions will remain in full force and effect.

II.        If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the actual intent of the parties.

III.        You agree and certify that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website.

IV.        These Terms of Use and the Privacy Policy contain the entire agreement between you and us regarding their subject matter and supersedes any and all prior communications, representations, warranties, stipulations, undertakings, and agreements between the parties.

M.   EFFECTIVE DATE

I.        These Terms of Use are effective as of 01/05/2015.