Thank you for visiting the AllAboutTheBabyTM website located at www.allaboutthebaby.com (the “Site”). The Site is an Internet property of AllAboutTheBaby, LLC (“ AllAboutTheBabyTM,” “we” or “us”). By and through the Site, AllAboutTheBabyTM enables: (a) expecting parents to sign up to receive offers for free baby-themed products and/or services (“Free Offers”) from AllAboutTheBaby’sTM third party product/service providers (“Third Party Providers”); (b) end-users to search for links and other listings of baby-themes products and services (“Third Party Offers” and together with the Free Offers, “Third Party Products”) as offered on the websites of third-party advertisers including, but not limited to, Great American Photo Contest, American Baby, Gerber Life, BabyTalk, BabyCenter, JC Penny, Cozy, Discount Savings, Degree First, Verde and Inbox Dollars (“Advertisers”); and (c) end-users to enter into contests and promotions offered on the Site from time to time (“Promotions”). By using, accessing and/or entering the Site and/or Promotions, you agree to comply with and be bound by the following AllAboutTheBabyTM Website Terms and Conditions (“Terms and Conditions”). The AllAboutTheBaby Privacy Policy (“Privacy Policy”), the Official Contest Rules applicable to each Promotion, operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.
Trademarks associated with any brand names, products and/or services of the Advertisers are the intellectual property of their respective owners and display of such brand names, products and/or services on the Site or in any AllAboutTheBabyTM marketing material does not indicate endorsement, sponsorship or affiliation by the trademark owners of/with AllAboutTheBabyTM or the Site.
1. Scope/Modification of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site, Third Party Products and Promotions. The Agreement constitutes the entire and only agreement between you and AllAboutTheBabyTM with respect to your use of the Site, Third Party Products and Promotions and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site, Third Party Products and/or Promotions. By your continued use of the Site, Third Party Products and/or Promotions, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for updates and/or changes.
2. Requirements. The Site is available only to individuals who are residents of the United States, and who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, and/or not a citizen of the United States, you do not have permission to use and/or access the Site.
3. Description of Third Party Products. AllAboutTheBabyTM provides end-users with an opportunity to apply for a variety of discount and complimentary baby-themed products and services as offered by AllAboutTheBaby’sTM Third Party Providers. In addition, AllAboutTheBabyTM provides end-users with an opportunity to search listings for baby themed products and services as offered by the Advertisers. Please be advised that AllAboutTheBabyTM does not itself provide Free Offers, Third Party Offers or any baby-themed products and services. The ultimate terms and conditions of any Third Party Products will be determined by the applicable Third Party Provider or Advertiser, as the case may be. The Third Party Products are made available and serviced by third party manufacturers and contain descriptions that are provided directly by such third party manufacturers. The Third Party Providers and Advertisers, as applicable, are solely responsible for all fulfillment and customer service in connection with the Third Party Products and other products and/or services made available in connection with the Site. Please contact the applicable Third Party Provider or Advertiser, as the case may be, for any questions, comments or feedback related thereto. AllAboutTheBabyTM does not represent or warrant that such descriptions of the Third Party Products, products and/or services are accurate or complete. AllAboutTheBabyTM expressly disclaims any liability related to the Third Party Products and their use.
To attempt to qualify to receive the Free Offers, you must first fully complete the two-page application form located at the Site (“Application”). The information that you must supply on the Application includes, but is not limited to, the applicable parent’s: (a) correct and verifiable full name; (b) full mailing address; (c) telephone number; (d) e-mail address; (e) date of birth; (f) baby due date; (g) whether this will be the applicable parent’s first baby; and (h) any other information requested on the Application (collectively, “Registration Data”). AllAboutTheBabyTM will transfer your Registration Data to the applicable Third Party Providers in connection with facilitating the processing of your request for Free Offers from same.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that
augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement.
You understand and agree that AllAboutTheBabyTM is not responsible or liable
in any manner whatsoever for your inability to use and/or qualify for Free Offers, Third Party Offers
or other Third Party Products. You understand and agree that AllAboutTheBabyTM shall not be
liable to you or any third party for any modification, suspension or discontinuation of any product,
service or promotion offered by any of AllAboutTheBaby’sTM Third Party Providers and/or Advertisers.
If AllAboutTheBabyTM terminates the Agreement for any reason, AllAboutTheBabyTM shall have no liability or
responsibility to you. You understand and agree that refusal to use the Site is your sole right and
remedy with respect to any dispute with AllAboutTheBabyTM. The Agreement only governs your use of the
Site. To access the AllAboutTheBaby Privacy Policy, please Click here.
4. Promotions. From time-to-time, our Site offers promotional prizes and other
awards via Promotions. By providing true and accurate information in connection with the
applicable Promotion registration form and agreeing to the Official Contest Rules applicable to
each Promotion, you can attempt to obtain the promotional prizes and other awards offered through
each Promotion. To enter into the Promotions featured on the Site, you must first fully complete
the applicable Entry Form. Currently, the Site is offering the “Daily Registration Contest.”
You do not need to purchase any Third Party Products or any other products and/or services
in order to enter a Promotion. Purchasing Third Party Products or any other
products and/or services in no way increases your chances of winning any prizes offered in
connection with a Promotion. To access the Official Contest Rules for the Daily Registration
Contest, please Click here.
5. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. AllAboutTheBabyTM may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. AllAboutTheBabyTM reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on AllAboutTheBabyTM infrastructure. Your right to use the Site is not transferable.
6. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Third Party Products, Promotions and/or Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Promotions and/or Site is strictly prohibited. You do not acquire ownership rights to the Promotions, Site or any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by AllAboutTheBabyTM does not constitute a waiver of any right in such information and/or materials.
7. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
8. Indemnification. You agree to indemnify and hold AllAboutTheBabyTM,
its parents, subsidiaries and affiliates, and each of their respective members, officers, directors,
employees, agents, co-branders and/or other partners, harmless from and against any and all claims,
expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments
whatsoever, made by any third party due to or arising out of: (a) your use of the Site, purchase
and/or use of any Third Party Products and/or entry into any Promotion; (b) your breach of the
Agreement; (c) any dispute between you and any Third Party Provider or Advertiser; and/or (d)
your violation of any rights of another individual and/or entity. The provisions of this
paragraph are for the benefit of AllAboutTheBabyTM, its parents, subsidiaries and/or affiliates,
and each of their respective officers, directors, members, employees, agents, shareholders,
licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right
to assert and enforce these provisions directly against you on its own behalf.
9. Disclaimer of Warranties. THE SITE, THE PROMOTIONS,
ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS,
AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO
YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND
IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING,
BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, AllAboutTheBabyTM MAKES NO WARRANTY THAT: (A) THE SITE, THE PROMOTIONS, ANY
THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS,
AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR
REQUIREMENTS; (B) THE SITE, THE PROMOTIONS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE
OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU
MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL
QUALIFY FOR THIRD PARTY PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS AND/OR ADVERTISERS; OR (D)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE PROMOTIONS, ANY THIRD PARTY
PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY
OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE ACCURATE OR
RELIABLE. THE SITE, THE PROMOTIONS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF
OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU
MAY APPLY FOR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL
NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AllAboutTheBabyTM, ANY OF ITS THIRD PARTY PROVIDERS, ADVERTISERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
10. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
AllAboutTheBabyTM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AllAboutTheBabyTM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR
THE INABILITY TO USE THE SITE, THE PROMOTIONS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM
ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU
MAY APPLY FOR THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR
TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR THIRD PARTY PRODUCTS
FROM ANY OF OUR THIRD PARTY PROVIDERS AND/OR ADVERTISERS, OR ANY SUBSEQUENT DENIAL OF THIRD PARTY
PRODUCTS FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE SITE, THE PROMOTIONS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE AllAboutTheBabyTM AND ALL OF ALLABOUTTHEBABY’sTM THIRD PARTY PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF AllAboutTheBabyTM TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AllAboutTheBabyTM. THE INABILITY TO USE THE SITE, THE PROMOTIONS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
11. Third Party Websites. The Site may provide links to and/or refer
you to other Internet websites and/or resources including, but not limited to, those owned and
operated by Third Party Providers and Advertisers. Because AllAboutTheBabyTM has no control over
such third party websites and/or resources, you hereby acknowledge and agree that AllAboutTheBabyTM
is not responsible for the availability of such third party websites and/or resources. Furthermore,
AllAboutTheBabyTM does not endorse, and is not responsible or liable for, any terms and conditions,
privacy policies, content, advertising, services, products and/or other materials at or available
from such third party websites or resources, or for any damages and/or losses arising therefrom.
12. Privacy Policy/User Information. Use of the Site, and all
comments, feedback, information, Registration Data and/or materials that you submit through or in
association with the Site, is subject to our Privacy Policy. We reserve the right to use all
information regarding your use of the Site, and any and all other personally identifiable information
provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy,
please Click here.
13. Legal Warning. Any attempt by any individual, whether or not a
AllAboutTheBabyTM customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere
with the operation of the Site, is a violation of criminal and civil law and AllAboutTheBabyTM will
diligently pursue any and all remedies in this regard against any offending individual or entity to
the fullest extent permissible by law and in equity.
14. Dispute Resolution Provisions. The Agreement shall be treated as though
it were executed and performed in New York, New York and shall be governed by and construed in
accordance with the laws of the State of New York (without regard to conflict of law principles).
Should a dispute arise concerning the terms and conditions of the Agreement or the breach of
same by any party hereto, the parties agree to submit their dispute for resolution by arbitration
before the American Arbitration Association in New York City, in accordance with the then current
Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be
final and conclusive to the parties and a judgment thereon may be entered in any court of competent
jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief
in order to protect its rights pending an outcome in arbitration. Should any part of the
Agreement be held invalid or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and effect. To the extent
permitted by law, you agree that you will not bring, join or participate in any class action
lawsuit as to any claim, dispute or controversy that you may have against AllAboutTheBabyTM,
the Third Party Providers and their respective employees, officers, directors, members,
representatives and assigns. You agree to the entry of injunctive relief to stop such a
lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees
and court costs that AllAboutTheBabyTM and the Third Party Providers incur in seeking such
relief. This provision preventing you from bringing, joining or participating in class action
lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim
individually and not as a class action in binding arbitration as provided above; and (b) is an
independent agreement.
15. Miscellaneous. Should any part of the Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that anything in or associated
with the Site, the Promotions and/or any AllAboutTheBabyTM offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and any Official Contest Rules, insofar as the applicable Promotion is concerned, those Official Contest Rules shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
16. Contact Us. If you have any questions regarding the
Agreement, or would like more information from us,
please contact us at: customerservice@allaboutthebaby.com
