Terms of Use/Privacy Policy

As a trusted resource, SafBaby has a responsibility to let you know that there are important legal terms that automatically govern your use of the SafBaby.com and Safbaby.com/Shop websites and any related social media platforms including, without limitation, Facebook, Twitter, Pinterest, Instagram, YouTube and Google+ (collectively, the “Sites”) just by accessing or using them (“Terms of Use” or “Terms”)

Thus, you may not use the Sites if you cannot represent and warrant the following:

(a) you are at least 18 years old;

(b) you have the right, authority and capacity to enter into this agreement and abide by all the terms herein;

(c) you have provided accurate and current information about yourself in all forms used in conjunction with the Sites;

(d) you will comply with all federal, state and local laws, including applicable tax laws;

(e) you will not use the Sites, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Sites; and

(f) you and your use of the Sites will be in compliance with these Terms of Use.

Updates & Modifications

These Terms may be updated at any time, from time to time, and you agree that if you access or use the Sites in any way, you are bound by these and any subsequent revisions. The current version will always be available on this website.

SafBaby reserves the right to modify, suspend or discontinue the Sites or any of their services, content, features or products or at any time, with or without notice, without any liability to you or any third party for doing so.

Privacy Policy

SafBaby’s Privacy Policy also governs your visits to and use of the Sites and is incorporated herein by this reference.

Disclaimers

All of the information found on the Sites such as, without limitation, articles, posts, comments, images, graphics, tables, charts, third party links, audio and video clips (“Content”), is of a general nature and intended for informational and educational purposes only. Use of the Sites and the Content does not create a professional relationship with any of the founders, experts, authors, SafBaby staff, other content contributors or anyone else affiliated with SafBaby.com (“SafBaby Affiliates”).

Because the Content is not individualized to your particular situation, it is important that the Content not be construed as medical or other professional advice. Our intention is not to diagnose, treat, cure or prevent any disease and interacting on the Sites does not create a patient-physician relationship. If you have a medical or health condition, we strongly encourage you to meet with your physician or other qualified health professional to address your particular situation.

Intellectual Property Rights

The information you provide: It’s yours, yet here’s how we can use it.

You are solely responsible for any comments or other information or graphics that you post to the Sites (“Your Content”) and Your Content is owned by you. However, by posting Your Content to the Sites, you grant SafBaby a nonexclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, reproduce, display, perform, distribute, modify, promote and create derivative works of Your Content in any manner or medium whatsoever in perpetuity and to use your display name to attribute postings to you.

The information we provide: It’s ours, yet here’s how you can use it.

SafBaby grants you a limited, nonexclusive, nontransferable, revocable, personal license to interact with the Sites, make purchases and use its services in accordance with these Terms. The Sites and the Content are protected by the copyright laws of the United States and international copyright laws. The Content on the Sites may be used as an informational resource only. You may download, use and copy the Content for your personal, noncommercial use provided that all such copies display any copyright, trademark or other proprietary notice located on the Sites with respect to the material being copied. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the Content is strictly prohibited. All service marks, trademarks, designs and logos on the Sites, whether registered or not, are owned by SafBaby Affiliates or third parties and therefore may not be used or displayed without their prior written consent.

License Restrictions

You agree not to use the Sites to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

You agree not to commercially exploit the Sites or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Sites or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Sites, other computer systems or networks connected to or used together with the Sites, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Sites.

SafBaby reserves the right, but has no obligation, to review any of Your Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Terms, including removing or modifying Your Content, terminating your account and/or reporting you to law enforcement authorities. We may also remove or modify Your Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for SafBaby or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect SafBaby’s business and Affiliates, we may access and disclose any information we consider necessary or appropriate, including your account username and password, IP address and traffic information, usage history, and Your Content.

Your Account

You accept full responsibility for safeguarding the confidentiality of your username and password and for any and all activities that occur under your account, whether authorized by you or not. If you suspect any unauthorized use, theft or loss of your password, or any inaccurate information or transaction in your account, please notify Safbaby immediately in writing by email to support@safbaby.com. Such notice shall not be considered received until we respond in writing via email to you.

SafBaby reserves the right to refuse service or terminate accounts in its sole and absolute discretion.

Product Pricing, Description & Availability

SafBaby strives to provide the most accurate information with respect to a product’s pricing, description and availability but we cannot guarantee against errors. Further, all such information is subject to change at any time without notice. For example, an item may be in stock when you place an order but is sold out by the time we process the order. Thus, SafBaby does not warrant that such information will always be 100% accurate, complete, reliable, current, or error-free. SafBaby reserves the right, in our sole discretion, to cancel or not process an order if we discover the price for an item was incorrectly listed. In this case, we will attempt to notify you via email or other contact information you may provide. And if you purchase an item that you think is not as represented, your sole remedy is to return the item subject to our Return policy.

As-Is

The Content, any product information including price (“Product Description”) and any services are provided on an “AS-IS” basis and you assume full responsibility for how you choose to use the Sites, the Content, Product Description, services and any content provided by third party links found on the Sites. Use of the Sites and the Content does not create a professional relationship with any of the founders, experts, authors, SafBaby staff, other content contributors or anyone else affiliated with SafBaby.com (“SafBaby Affiliates”).

Risk of Loss

Products purchased from SafBaby are governed by a shipment contract in which the risk of loss, legal title and right of possession for such items transfer to you upon our delivery to the shipping carrier.

Orders

Receiving an order confirmation from SafBaby does not signify we have accepted your order nor that we are confirming our offer to sell. SafBaby may require additional verifications or information before accepting any order. Until your order, or a portion thereof, is shipped, SafBaby reserves the right to cancel all or part of the order for any reason with or without prior notice to you. If SafBaby cancels all or a part of your order, we will attempt to notify you via email or other contact information you may provide. You agree that if such a cancellation occurs, your sole remedy is for SafBaby to either issue you a credit for the amount charged for the cancelled portion or not charge you for the portion of the order that we cancelled and you have yet to pay for.

When you purchase an item on SafBaby, you agree to pay all costs listed at the time you submit your order such as price, shipping, fees and applicable taxes. You represent and warrant that the payment information you provide is true, correct and complete and that the charges you incur will be honored by the payment institution you choose, whether bank, credit card, Paypal or other.

Cancellations or changes to orders are not effective until you receive a written confirmation from SafBaby. Until then, you are still responsible for all costs associated with already processed or shipped orders.

Confirmations, Notices, Communications

It is your responsibility to review all order confirmations, statements, transaction histories, notices and any and all other communications (collectively, “Notices”) SafBaby may send you for accurateness and completeness and to let us know immediately via email if any information is incorrect or missing. You agree that receiving Notices via email, an email attachment, a posting on the website or a downloadable form fulfills SafBaby’s legal obligation to deliver Notices to you. You also agree that all Notices are deemed to be delivered and received by you whether actually received or not.

Gift Cards

SafBaby Electronic Gift Cards (“E-Gift Cards”) are only redeemable to purchase goods on SafBaby.com/Shop. If a purchase is made for less than the amount on the E-Gift Card, the E-Gift Card card will retain that balance and may continue to be used for future purchases. However, SafBaby will not issue cash for the remainder unless it is less than $10 and requested by the E-Gift Card holder by sending an email to support@safbaby.com. SafBaby E-Gift Cards do not expire.

Coupons

Only coupons issued by SafBaby are eligible for use on the SafBaby Shop website. Each coupon has a specific code and is subject to these terms as well as those listed on the specific coupon, if any. Limit one coupon per customer. Coupons may not be combined with any other promotional discount and cannot be used to pay taxes, shipping or any other handling charges. SafBaby coupons may not be posted or distributed electronically by anyone other than SafBaby. Coupons have no cash or credit value.

Offers, Promotions, and Customer Credits

SafBaby may offer promotions, coupons, store credits, prizes or other offers (collectively, “Benefits”) and all such Benefits will be subject to terms that you agree to abide by should you participate or use such Benefit. SafBaby reserves the right at any time, in our discretion, with or without prior notice, to discontinue any Benefit or change its terms, including changing expiration periods or credit values for existing or future credits.

No Warranties

SafBaby Affiliates make no representations or warranties of any kind, express or implied, as to the accuracy, completeness, timeliness, reliability (including lack of technical difficulties such as, without limitation, viruses, worms, corruption, delays or downtime), suitability or validity of any Content, Product Descriptions or services that appear on the Sites or on any third party links found on the Sites, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. You acknowledge that SafBaby Affiliates have no duty to pre-screen, edit or remove comments or any other information submitted by users of the Sites and that although such information appears on the Sites their content is not necessarily endorsed by SafBaby Affiliates.

Limitation of Liability and Indemnification

In no event shall SafBaby Affiliates be liable for any direct, indirect, special, incidental, consequential or punitive damages arising in any way from any action or inaction you take based on the Content, Product Descriptions, content provided by third party links found on the Sites, any other use of the Sites or your inability to use the Sites. To the extent that any applicable statute applies which modifies the above, SafBaby’s liability shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual facts, or lack thereof, of the parties to these Terms of Use.

You agree to indemnify and hold harmless any and all SafBaby Affiliates (as applicable) against any and all damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out your use or misuse of the Sites or a violation of these Terms. You agree that SafBaby reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and that you will assist and cooperate with SafBaby in asserting any available defenses.

Statute of Limitations

A claim for any cause of action brought by you against SafBaby or any SafBaby Affiliates must begin within one (1) year after the cause of action arises or be permanently waived and barred.

Governing Law

You acknowledge and agree that any disputes that may arise under these Terms of Use will be governed by the laws of the State of California, without giving effect to any conflict of laws principles. You also expressly consent to submit to the exclusive jurisdiction and venue of a court in Los Angeles County, California.

Entire Agreement. Severability.

These Terms of Use, the Privacy Policy and the Shipping and Return Policy constitute the entire agreement between you and SafBaby regarding the use and purchase of any Products on the Sites. Failure to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is deemed to be illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SafBaby’s prior written consent, and any attempt at doing so in violation of the foregoing will be null and void. The terms of these Terms shall be binding upon assignees.

PRIVACY POLICY

Effective: March 2017

SafBaby respects your privacy.

When you visit or use any services offered by SafBaby.com, SafBaby.com/Shop or any related social media platforms including, without limitation, Facebook, Twitter, Pinterest, Instagram, YouTube, Google+ (collectively, the “Sites”), SafBaby may receive information about you. This privacy policy governs how we gather and use that information.

Why Do We Gather Information?

  • To subscribe you to our newsletter and promotions list;
  • To process orders and provide you with customer service;
  • To open and manage your account;
  • To facilitate promotions, contests or surveys;
  • To answer questions or otherwise communicate with you;
  • To improve our services and products.

If you ever wish to unsubscribe to our newsletter, simply click on the “unsubscribe from this list” link at the bottom of the newsletter and follow the instructions on how to unsubscribe.

If you would like to close your account with us, email us at support@safbaby.com and write “Close Account” in the subject line.

What We Gather

Information You Provide to Us

We may gather any information that you submit via the Sites, email, phone or fax. Some of this may be personally identifiable information such as:

  • Your name, address, phone number, email address;
  • Credit card/debit card number, expiration date, security code and other billing information;
  • Gift recipients’ name, addresses, phone number and email addresses;
  • Personally identifiable information provided in comments submitted via the Sites;

Information We Obtain Automatically

Safbaby uses on-site cookies to make your experience more user-friendly. A cookie is a piece of information stored by your browser or other application on your computer’s browser or hard drive. Your browser allows you to disable the use of cookies but this may prevent the Sites from working as intended.

SafBaby uses Google Analytics on its Sites to collect anonymous aggregate data to help us improve the quality of the Sites. For more on how they receive and collect data, please visit www.google.com/policies/privacy/partners.

Information Provided to Third Parties

Third party plug-ins such as our email marketing service and Google Analytics may have access to personally identifiable information as a function of our use of their services.

SafBaby may disclose personal information when such disclosure is necessary to comply with the law or a legal process, to protect the rights and property of SafBaby, its employees, agents or visitors and to respond to any fraudulent, abusive, inappropriate or unlawful use of our Sites.

Other than as described in this Privacy Policy, we do not sell, rent, trade or otherwise share any personally identifiable information about you with any third parties.

Links to Other Web Sites

Please note that when you click on links that take you to third-party websites, you will be subject to their privacy policies and terms of use, not ours. Before providing any personal information to any other website, we encourage you read their privacy policy and terms.

Security

When you place an order via the SafBaby Shop, Secure Socket Layer (SSL) software encrypts the personal information before it is transmitted over the Internet. Once we receive your information it is stored securely. However, please note that no technology can keep data 100% secure so any personal information sent over the internet is sent at your own risk.

If you open an account on the Shop, you are responsible for maintaining the confidentiality of the password and for all activities that occur on your account using your password, whether or not authorized by you. Please notify us immediately at support@safbaby.com if you suspect any unauthorized use of your password.

California Do Not Track Disclosures

SafBaby does not track its customers over time and across third party websites or online services and therefore does not respond to Do Not Track (“DNT”) signals or similar mechanisms. However, SafBaby may use third-party services (e.g., Google Analytics) that may keep track of your browsing activities. You should review the specific privacy policies of these third parties to learn whether they respond to DNT signals.

Changes to this Policy

This Privacy Policy may change at any time. If it does, the effective date will be updated and, if the changes are material, notice will be provided on the home page of the website.

Updates and Questions

If you would like to correct, update or otherwise modify the information that you have provided to us, please update your profile or email us at support@safbaby.com.

If you have any questions regarding this Privacy Policy, please contact us at support@safbaby.com and write “Privacy Policy” in the subject line.