Welcome to this website operated by Baby Friendly America, LLC (“BFDC”, “we”, “our” or “us”). In exchange for access to any websites operated by BFDC (collectively, the “Sites”), users (“you”) must agree to enter into a contract (these “Terms of Service”) with us. The Sites do not include those websites operated or owned by BFDC that are subject to their own Terms of Service.
Please read these Terms of Service carefully. This document is a legal contract, and by using the Sites you agree to its terms. If you do not agree to these Terms of Service, you are not authorized to access the Sites, and you must discontinue use of all Sites immediately.
General. We reserve the right to change these Terms of Service at any time in our sole discretion. You should check the Sites from time to time to review the then-current Terms of Service. Your continued use of the Sites constitutes your acceptance of any changes to the Terms of Service.
User Conduct. You are required to comply with all applicable laws and regulations, including local, state, national, foreign, or international statutes, regulations, rules, orders, treaties, or other laws, in connection with your access to and use of the Sites and such further limitations as may be set forth in any notice from us. As a condition of your access and use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by the Terms of Service.
We may restrict, suspend, or terminate your access to the Sites without notice to you if we believe that you have violated any law or these Terms of Service. Without limiting the foregoing, you agree not to:
- delete or revise any material or other information of BFDC, or
- harvest or otherwise collect information about restaurants, stores, or service providers
Information Submission. When you submit any information to us, you grant us, our affiliates, and our partners, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such information, and subsequent versions thereof. You agree you will not attempt to enforce any so-called “moral rights” in your information against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your information in any form, medium, or technology now known or later developed.
By using the Sites, you agree that none of the information you submit will:
- infringe on the intellectual property, trade secret, privacy, publicity, or other rights of others;
- contain false statements or misrepresentations that could damage BFDC or any third party; or
- include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by us in our sole discretion.
Although you are solely responsible for the content you provide and we do not have a policy of reviewing or monitoring all information submitted by users, we reserve the right to pre-screen and/or monitor submissions by users. If we become aware of submissions by users that violate these Terms of Service or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.
If you believe that any User Submissions appear to violate these Terms of Service, or if you believe any other user is engaged in illegal, harassing, or objectionable behavior, please contact us.
Copyright. The entire contents of the Sites are subject to copyright protection under the laws of the United States and other countries. You acknowledge that misappropriation, misuse, or redistribution of content on the Sites could cause irreparable harm to BFDC or to third parties. You may not, copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works of, transmit, sell or offer for resale, or in any way exploit any part of the Sites without our express written permission. You also may not “mirror” any material contained on this Site on any other server without prior written permission from BFDC.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or its authorized agent (“Complainant”) may submit a complaint alleging copyright infringement to BFDC’s Designated Agent if Complainant has a good-faith belief that its works are being infringed by material subject to BFDC’s control. BFDC will investigate complaints and respond to proper notification sent to:
Attn: Copyright Complaint
Trademarks. All rights in the product names, company names, trade names, logos, service marks, product packaging, and trade dress, whether or not appearing in large print or with the trademark symbol (collectively, the “Trademarks”) displayed on the Sites belong exclusively to BFDC or their respective owners and are prohibited from imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of the Trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under the Trademarks or any patent of BFDC or any third party.
Interactions with listed businesses. Any information supplied by BFDC, is intended solely as general guidance. You agree that you must evaluate, and bear all risks associated with, the use of any vendors and/or services noted on the Sites. You further acknowledge and agree that you will not rely on any content available on or through the Sites.
Interactions with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or other users found on or through the Sites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Sites.
Links. We may, as a convenience to users, provide links to third-party content and other websites on the Sites. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked websites.
Disclaimer of Warranties. Our products and services, including the Sites, any User Submissions, and links from the Sites to any third-party websites, are provided AS IS, and we make NO REPRESENTATION OR WARRANTY OF ANY KIND with respect to them. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITES; (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITES OR OTHERWISE BY BFDC; AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY BFDC OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITES WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
LIMITATION OF LIABILITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING UNDER THESE TERMS OF SERVICE IS YOUR RIGHT TO TERMINATE YOUR USE OF THE SITES. YOU AGREE THAT WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, OR STRICT LIABILITY. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law, but the provisions of this section shall in any case be interpreted to limit our liability to the greatest extent permitted by law. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITES, YOU RELEASE BFDC FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD BFDC HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY BFDC, AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, PARTNERS, AND LICENSORS (THE “BFDC PARTIES”) AGAINST, AND HOLD THE BFDC PARTIES HARMLESS FROM, CLAIMS, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITES.
Governing Law. You agree that any dispute between you and BFDC will be governed by the law of the District of Columbia without regard to its conflict of law provisions, and that any legal action brought by one party against the other will be brought in the courts of the District of Columbia. Unless otherwise specified herein, these Terms of Service constitute the entire agreement between you and BFDC with respect to your use of the Sites, superseding any prior or contemporaneous communications and proposals in any form between you and BFDC. If any part of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall remain in effect.
Waiver. You agree that our failure to enforce any provisions of these Terms of Service or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Service or to act with respect to similar breaches.
Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BFDC as a result of these Terms of Service or your access to and use of the Sites. You further agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last Revised: 1/15/2015