Effective April 8, 2015
Welcome to Baby Bod!
READ THESE TERMS CAREFULLY BEFORE BROWSING OR USING ANY PART OF THE SITE. USING THE SITE INDICATES THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS. YOU MAY NOT USE THE SITE IF YOU DO NOT ACCEPT THESE TERMS.
USING THE SITE.
We appreciate your visiting the Site and allow you to do just that – stop by and check it out – without even registering with us! By using the Site, you promise that you are at least 18 years of age. If you are not 18 yet, you may not access or use any part of the Site.
Your right to use the Site and Materials is conditioned on your compliance with these Terms. So long as you comply with these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to access, use, and display the Materials, the Site and our portals on your mobile devices and/or personal computer(s), and for your personal use only and not public use. You have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit anything available to you from the Site or Materials. If you make copies of any Materials or other Site content, we ask that you be sure all of our copyright and other proprietary notices are shown on the copies as they appear on the Site. If you breach any of these Terms, your license to use the Site and Materials will terminate automatically and you must immediately destroy any downloaded or printed materials and all copies thereof.
In order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site, you must successfully register with us and request that we open an account for you. If we approve your request, we will send you an e-mail detailing how to complete your registration. You must, at all times, provide true, accurate, current, and complete account information. After registration, you may make changes by logging into your account and making them directly or by contacting us to make the changes for you. You are also responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site and for paying related charges. If you forget your password or other log-in information – no worries, as we will happily send a password update to your provided email address. We suggest you keep your password(s) confidential. If you believe your password or security for the Site has been breached in any way, notify us immediately.
We may alter the Site and the Materials and/or may choose to modify, suspend or discontinue the Site at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time (“Modifications”) and legal notices and/or terms located on particular pages of the Site may supersede inconsistent provision(s) of these Term. We will inform you of any Modifications by posting the modified terms on the Site and, if you have registered with us, by emailing them to the address that you provided when you registered on the Site or any other email address you request in writing that we use. If you object to any provision of these Terms, any notice or term on the Site, and/or any Modifications, your sole recourse is to stop accessing and using the Site. Continued use of the Site following notice of any Modifications constitutes your acknowledgement of the Modifications and your agreement to be bound by them.
We make available Mobile Applications to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the Mobile Application. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may upgrade automatically to your mobile device the version of the Mobile Application that you are using. You consent to such automatic upgrading and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all rights, title, and interests in and to the Mobile Application and any copy of the Mobile Application. Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply to any Mobile Application we provide to you for use on an Apple iOS-powered mobile device ( “iOS App”):
- You acknowledge that these Terms apply to you and us only, and not Apple, Inc. (“Apple”).
- Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
- We, and not Apple, are solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) claims that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that we, and not Apple, are responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms apply to you and us only, and not Google, Inc. (“Google”).
- Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.
We may elect to provide you with support or modifications for the Mobile Application (“Support”), in our sole discretion, and we may change, reduce or terminate such Support at any time without notice to you. We reserve the right to charge fees for Support.
MEMBERSHIPS AND PAYMENT.
By registering for an account with us, you become a “Member” with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a “Membership”). Healthcare practitioners must register to be members of Baby Bod Professional, which is also part of the Site but directed toward practitioners rather than consumers with pelvic floor dysfunction. These Terms apply to members of Baby Bod Professional, who are also “Members” under these Terms, along with the Baby Bod Medical Practitioner Supplemental Terms & Conditions. http://Baby Bod.com/terms/
Each Membership and the rights and privileges provided to a Member are personal and non-transferable. All sales and payments of Membership fees (if any) will be in US Dollars. The fee that we will charge you for your Membership will be the price posted on the Site on the date that you register as a Member. We reserve the right to change prices for Memberships at any time. We do not provide price protection or refunds in the event of promotions or price decreases. You agree to pay all applicable fees related to your use of the Site, as described on the Site. You are responsible for paying any and all applicable sales and use taxes for the purchase of your Membership based on the mailing address that you provide when you register as a Member. We may suspend or terminate your account and/or access to our Services and the Site if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular Membership and use of the Site, including the Services.
We understand that you might cancel your account, but please know that we will not provide any refund(s) and you will be responsible for paying any balance due on the account when you cancel. You agree that we may charge any unpaid fees to you through the payment method you provided during registration, and/or we may send you a bill for such unpaid fees.
LINKS TO THIRD-PARTY SITES.
We think links are convenient, and we sometimes provide links on his Site to third-party websites. If you use these links, you will leave the Site. We are not obligated to review any third-party websites that you link to from the Site, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Site, you do so entirely at your own risk. Certain areas of the Site may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on the Site to be shared with your contacts in your third-party site account. If you change your privacy settings or share information on the Site and/or third-party sites, we will not be responsible for any results, intended or unintended.
Certain areas of the Site may permit you to submit feedback, materials or other Submissions. You agree that you are solely responsible for all of your Submissions, that they are not confidential or proprietary, and that we do not guarantee that you will be able to edit or delete any Submissions. You further and specifically agree as follows:
- You own all rights in your Submissions (including, without limitation, all rights to the reproduction and display of your Submissions) or, alternatively, you have acquired all rights in your Submissions necessary to grant to us the rights in your Submissions as described in these Terms;
- You have paid and will pay in full all applicable license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions;
- Your Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other rights of any third party;
- Information contained in your Submission is not false, inaccurate, or misleading;
- Your Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your Submission;
- Your Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your Submission does not contain any information that you consider confidential, proprietary, or personal; and
- Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sub-licensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, disclose, and publicly display your Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) your Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your Submissions and to use your Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen Submissions or monitor any area of the Site through which Submissions may be submitted. We are not required to host, display, or distribute any Submissions on or through the Site and may remove at any time or refuse any Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any Submission.
We authorize your use of the Site only for the purposes set forth in these Terms and all rights in the Site belong to us. Unauthorized use of the Site may result in violation of various United States and international copyright laws. When using this Site, you agree to abide by common standards of etiquette and to act in accordance with law. For example, you agree as follows:
- You will not modify publicly display, publicly perform, reproduce or distribute any of the content of the Site;
- You will not use the Site in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- You will not use the Site to stalk, harass, or harm another individual or to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or disrupt the Site or servers or networks connected to the Site;
- You will not use any data mining, robots, or similar data gathering or extraction methods in connection with the Site; and
- You will not attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.
You agree to indemnify, defend, and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) that we may incur in relation to, arising from, or for the purpose of avoiding, any claim or demand that your use of this Site or the use of this Site by any person using your user name and/or password or any Submission you provide to the Site violates any applicable law or regulation or a party’s copyrights, trademark rights or other rights. You further and specifically agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. However, without altering your obligations under this paragraph, we have the right, but not the obligation, to select the attorneys who represent us and to assume the exclusive defense and control of any matter subject to indemnification by you to participate through counsel in any defense of any claim and to approve any settlement. You agree to cooperate in any defense under this provision and that you may not settle any claim without Baby Bod’s prior written consent.
You also release, waive, discharge and promise not to sue or bring any claim of any type against us for any loss, damage or injury relating in any way to the Site or any part thereof. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
Trademark and Copyright
“Baby Bod” is a trademark that belongs to us. Other trademarks, names and logos on the Site are the property of their respective owners. Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Site are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we remove Submissions that violate intellectual property rights of others and may suspend your access to the Site (or any portion thereof) and/or terminate your account if you use the Site in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe your copyright or other intellectual property right is being infringed by a user of the Site, please provide written notice to our Agent for notice of claims of infringement as follows:
Baby Bod LLC.
6 East 45th Street, Suite 1205, New York, NY 10017
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES.
WE DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SITE AND ALL MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Without limiting the generality of the foregoing, we make no warranty and provide no guaranty that the Site will be suited to your use and/or needs and/or will meet your requirements, and we do not warrant or guaranty that the Site will be uninterrupted, timely, secure, or error free or that defects in the Site will be corrected. We make no warranty as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site. No advice or information, whether oral or written, obtained by you through the Site or from us or our subsidiaries or other affiliated companies creates any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY.
WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE OR ANY PART THEREOF OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOW EVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please Read This Provision Carefully. It Affects Your Legal Rights.
Dispute Resolution In General
This provision is to facilitate the prompt and efficient resolution of any and all disputes between us, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence, and/or any other legal or equitable theory, and including the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) and all disputes that arose before these Terms became effective and those that arise during and after termination or expiration of these Terms (“Disputes”). That is, the term “Disputes” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors).
BY ACCEPTING THESE TERMS, YOU ARE AGREEING THAT ALL DISPUTES WILL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF LITIGATION IN ANY COURT. Specifically, all Disputes will be resolved by binding arbitration, in accordance with the expedited procedures applicable to commercial arbitrations of the Judicial Arbitration and Mediation Service (“JAMS”) in effect at the time of the Dispute, provided, however, that the provisions of these Arbitration Rules shall supplement the JAMS Rules and control in the event of a conflict. TO BE CLEAR, ACCEPTANCE OF THESE TERMS CONSTITUTES A WAIVER OF YOUR RIGHTS TO BE HEARD BY A JUDGE OR JURY. In the absence of this provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court. Notwithstanding the foregoing, either party may seek provisional remedies in a court of competent jurisdiction without waiving its right to arbitrate the merits of the dispute.
In interpreting and applying the provisions of this provision and these Terms, the arbitration administrator(s), the Arbitrator, and any court of competent jurisdiction shall be guided by, and endeavor to support, these Terms and to further our intent and yours, as expressed by your acceptance of them, to engage in as streamlined an approach to dispute resolution as possible, tailored to the specific nature of the Dispute between us.
Before initiating any arbitration or legal proceeding, the party who believes a Dispute exists must make good faith efforts to meet and confer with the other to resolve the Dispute (“Meet-and-Confer Process”). To start the Meet-and-Confer Process, you must email or send to us the following information: (1)Your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. We will do the same for you if we believe a Dispute exists between us. Unless otherwise agreed, you will participate by telephone or in-person meeting in at least one meet-and-confer session, in which the parties attempt in good faith to resolve the Dispute. Meet–and-confer discussions, and all documents prepared for those discussions such as agendas, spreadsheets, chronologies and the like, shall not be subject to discovery, offered as evidence or admitted in evidence in any proceeding for any purpose. Unless otherwise agreed between us, no attorney may attend the meet–and-confer meeting(s) under this section.
If the Dispute is not resolved in the Meet-and-Confer process, either party may initiate arbitration by serving on the other an arbitration demand setting forth a brief statement of the dispute and the relief requested (“Arbitration Demand”). The party who initiates the arbitration must pay all costs and expenses of the arbitration proceedings, including but not limited to, the arbitrator and arbitration administrator’s fees, and court reporter fees, if a court reporter is requested by either party. The Arbitration Demand shall set forth the relief requested, including an estimate of the amount of money claimed, if any, as of the date of the Arbitration Demand, and a brief statement of how that amount was calculated. The failure of an Arbitration Demand to provide an adequate statement of the dispute, the relief requested, the amount at issue or how the amount was calculated shall not be grounds to dismiss the arbitration, but shall constitute grounds to stay the proceedings until, in the discretion of the arbitrator, an Arbitration Demand satisfying this provision is met. The initiation of the Dispute Process shall not extinguish or alter any rights or obligations under these Terms.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at firstname.lastname@example.org the following information: (1) Your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt-out of this provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided , the arbitration will be conducted before a single arbitrator. All issues shall be for the arbitrator to decide, including the scope of this provision. Under no circumstances will class action procedures or rules apply to the arbitration. Any term of this agreement that the arbitrator finds void or unenforceable must be severed from the remainder without affecting the validity and enforceability of any other term herein.
Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Each party may attend arbitration hearings and arbitration in person in New York City or by telephone. When a party first communicates with the arbitration administrator, that party will advise the administrator and the other party whether it elects to appear at future hearings in person in New York City or by telephone, and if by telephone, the number(s) the party may be reached during business hours. If either party elects to appear in person, the arbitrator will hold the arbitration in New York City, although the other party may not be physically present but may appear by telephone..
All parties’ sensitive and proprietary information will remain confidential and limited to those directly involved in the arbitration. You specifically agree that you will not use the dispute resolution process to gain access to our sensitive and proprietary business information, except to the extent that such information is critical to presentation of your claims or defenses, and we agree we will not use the dispute resolution process to gain access to your sensitive and proprietary information except to the extent such information is critical to our presentation of claims or defenses. The Arbitrator(s) shall enter such protective orders as may be necessary to protect from unnecessary disclosure any sensitive and proprietary business information, and all information derived from such information, that, in the judgment of the disclosing party, would adversely affect the disclosing party’s legitimate business interests (“Protected Materials”) and to assure that strict limitations are placed on any disclosure of Protected Materials. A party wishing to protect Protected Materials shall mark the materials “Highly Confidential.” All Protected Materials exchanged during the arbitration proceedings shall be used exclusively for the arbitration of the dispute. At the conclusion of the arbitration, each party shall return or destroy all Protected Materials obtained from the other party during the course of the arbitration and shall provide to the other party an authorized representative’s attestation indicating that all such information has been returned or destroyed.
The parties agree that Protected Materials exchanged during the arbitration proceedings are likely to contain competitively sensitive and proprietary information that could give third parties who gain access to such information an unfair advantage in competition or business transactions, and possibly permit price-fixing or other consequences that may cause serious harm to a party, the parties or the public interest. Therefore, the parties agree to fully cooperate with each other in ensuring that all Protected Materials exchanged during the arbitration proceedings, and all information derived from such information, is and remains fully confidential and sealed by any court or courts whose jurisdiction over any portion of the arbitration proceedings is invoked. Such cooperation shall include but not be limited to, providing advance notice to the other party of any proposed filing of Protected Materials (including, but not limited to, exhibits, transcripts, briefs, and memoranda referring to Protected Materials) and joining in any motion or application for an order that the court seal such Protected Materials.
The parties, the Arbitrator(s), and all participants in the proceedings shall maintain in the strictest confidence all aspects of the arbitration proceedings including the Award; provided, except as set forth above, that a party may disclose in court filings such information as is necessary to confirm or vacate the Award, and may disclose such information as is required by law for financial reporting in the opinion of a party’s public accountants and attorneys.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Class Action Waiver
Except as otherwise provided in this Provision, 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 both you and ye specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
LOCAL LAWS; EXPORT CONTROL.
We control and operate the Site from our headquarters in the United States of America and the entirety of the Site may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are solely responsible for following applicable local laws.
Any Submission by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
TERMINATION OF ACCESS.
We value our relationship with you. If we believe that you are not complying with these Terms, we will notify you. We may also provide you with recommended corrective action(s). However, we may, at our sole discretion, terminate your access to the Site, your account, and/or this agreement for any reason, and/or for any and all violations of these Terms, without providing prior notice to you.
New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or the Site will be heard in the courts located in New York County, New York.
If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted in accordance with law, and no other terms will be modified.
If we choose not to enforce any of these Terms, we are not waiving our rights.
These Terms, and the terms set forth in the Baby Bod Medical Practitioner Supplemental Terms & Conditions as applicable to Medical Practitioners, constitute the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions, representations, or agreements between you and us about the Site and Materials. The proprietary rights, disclaimer of warranties indemnities, limitations on liability and general provisions of these Terms shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at email@example.com