Terms & Conditions

Agreement between User and www.baby-chick.com

Welcome to www.baby-chick.com. The www.baby-chick.com website (the “Site”) is comprised of various web pages operated by Baby Chick, LLC (“Baby Chick”). www.baby-chick.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.baby-chick.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.baby-chick.com is a Blog Site.

Baby Chick is a digital media and lifestyle company catering to mothers during their pregnancy, birth, postpartum & parenting journey. We create and produce content every mother can relate to: from pregnancy tips, birth information, and postpartum advice to parenting encouragement, product knowledge, and more. Through our website and social media channels, we provide an empowering, educational, and uplifting experience. We offer helpful, searchable information on our website so parents can make better-informed decisions for themselves and their families. Content is provided for educational purposes only and does not constitute a medical consultation. Consult with a certified medical professional for personalized recommendations.

Privacy

Your use of www.baby-chick.com is subject to Baby Chick’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.baby-chick.com or sending emails to Baby Chick constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Baby Chick is not responsible for third party access to your account that results from theft or misappropriation of your account. Baby Chick and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Baby Chick does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.baby-chick.com only with the permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.baby-chick.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Baby Chick and Baby Chick is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Baby Chick is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Baby Chick of the site or any association with its operators.

Certain services made available via www.baby-chick.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.baby-chick.com domain, you hereby acknowledge and consent that Baby Chick may share such information and data with any third party with whom Baby Chick has a contractual relationship to provide the requested product, service or functionality on behalf of www.baby-chick.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.baby-chick.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Baby Chick that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Baby Chick or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Baby Chick content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Baby Chick and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Baby Chick or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Baby Chick has no obligation to monitor the Communication Services. However, Baby Chick reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Baby Chick reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Baby Chick reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Baby Chick’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Baby Chick does not control or endorse the content, messages or information found in any Communication Service and, therefore, Baby Chick specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Baby Chick spokespersons, and their views do not necessarily reflect those of Baby Chick.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.baby-chick.com or Posted on Any Baby Chick Web Page

Baby Chick does not claim ownership of the materials you provide to www.baby-chick.com (including feedback and suggestions) or post, upload, input or submit to any Baby Chick Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Baby Chick, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Baby Chick is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Baby Chick’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third-Party Accounts

You will be able to connect your Baby Chick account to third party accounts. By connecting your Baby Chick account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated, and administered by Baby Chick from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Baby Chick Content accessed through www.baby-chick.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Baby Chick, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Baby Chick reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Baby Chick in asserting any available defenses.

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Baby Chick agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BABY CHICK, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BABY CHICK, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BABY CHICK, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BABY CHICK, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BABY CHICK, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Baby Chick reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Baby Chick as a result of this agreement or use of the Site. Baby Chick’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Baby Chick’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Baby Chick with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Baby Chick with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Baby Chick with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Disclaimer

Last updated: June 21, 2020

Interpretation and Definitions
==============================

Interpretation
————–

The words of which the initial letter is capitalized have meanings defined
under the following conditions.

The following definitions shall have the same meaning regardless of whether
they appear in singular or in plural.

Definitions
———–

For the purposes of this Disclaimer:

* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Cookies Policy) refers to Baby Chick, LLC, 9212 Fry Road, Suite 105-217,
Cypress, TX 77433.
* You means the individual accessing the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the
Service, as applicable.
* Website refers to baby-chick.com (Baby Chick).
* Service refers to the Website.

Disclaimer

The information contained on the Service is for general information purposes
only.

The Company assumes no responsibility for errors or omissions in the contents
of the Service.

In no event shall the Company be liable for any special, direct, indirect,
consequential, or incidental damages or any damages whatsoever, whether in an
action of contract, negligence or other tort, arising out of or in connection
with the use of the Service or the contents of the Service. The Company
reserves the right to make additions, deletions, or modifications to the
contents on the Service at any time without prior notice.

The Company does not warrant that the Service is free of viruses or other
harmful components.

Medical Information Disclaimer

The information about health provided by the Service is not intended to
diagnose, treat, cure or prevent disease. Products, services, information and
other content provided by the Service, including information linking to third-
party websites are provided for informational purposes only.

Information offered by the Service is not comprehensive and does not cover all
diseases, ailments, physical conditions or their treatment.

Individuals are different and may react differently to different products.
Comments made on the Service by employees or other users are strictly their
own personal views made in their own personal capacity and are not claims made
by the Company nor do they represent the position or view of the Company.

The Company is not liable for any information provided by the Service with
regard to recommendations regarding supplements for any health purposes.

The Company makes no guarantee or warranty with respect to any products or
services sold. The Company is not responsible for any damages for information
or services provided even if the Company has been advised of the possibility
of damages.

Fitness & Nutritional Information Disclaimer

The Service can offer health, fitness and nutritional information including,
without limitation, advice and recommendation, that is provided solely as
general education and informational purposes.

Use of the advice and information contained herein is at your sole choice and
risk. You should not rely on this information as a substitute for, nor does it
replace, professional medical advice, diagnosis, or treatment. Always consult
your physician or healthcare provider before beginning any nutrition or
exercise program.

If You choose to use this information without prior consent of your physician,
You are agreeing to accept full responsibility for your decisions and agreeing
to hold harmless the Company.

FTC Affiliate Disclaimer

The disclosure that follows is intended to fully comply with the Federal Trade
Commission’s policy of the United States that requires to be transparent about
any and all affiliate relations the Company may have on the Service.

You should assume that some of the links are “affiliate links”, a link with a
special tracking code.

This means that if You click on an affiliate link and purchase the item, the
Company may receive an affiliate commission. This is a legitimate way to
monetize and pay for the operation of the Service and the Company gladly
reveal its affiliate relationships to You.

The price of the item is the same whether it is an affiliate link or not.
Regardless, the Company only recommend products or services the Company
believe will add value to users.

Affiliate advertising programs that the Service uses are:

* Amazon Services LLC Associates Program

As an Amazon Associate, I earn from qualifying purchases.

Baby Chick, LLC is a participant in the Amazon Services LLC Associates
Program, an affiliate advertising program designed to provide a means for
sites to earn advertising fees by advertising and linking to Amazon.com or
endless.com, MYHABIT.com, SmallParts.com, or AmazonWireless.com.

Pages on this Service may include affiliate links to Amazon and its
affiliate sites on which the owner of this Service, Baby Chick, LLC, will
make a referral commission.

* ShareASale

* RewardStyle

* Rakuten

External Links Disclaimer

The Service may contain links to external websites that are not provided or
maintained by or in any way affiliated with the Company.

Please note that the Company does not guarantee the accuracy, relevance,
timeliness, or completeness of any information on these external websites.

Advertising Disclaimer

Third party advertisements and links to third party websites may also appear
while using the Service. The Company does not make any representation as to
the accuracy or suitability of any of the information contained in those
advertisements or websites and does not accept any responsibility or liability
for the conduct or content of those advertisements and websites and the
offerings made by the third-parties.

Third party advertisements and links to other websites where goods or services
are advertised are not endorsements or recommendations by the Company of the
third party sites, goods or services. The Company takes no responsibility for
the content of the ads, promises made, or the quality/reliability of the
products or services offered in all advertisements.

Product Reviews Disclaimer

In order to monetize and pay for the operation of the Service, the Company may
receive compensation (either monetarily or through free products) for reviews,
or endorsement of a particular company, product, or service.

The Company remains independent and reviews are done based on the Company’s
own opinions regardless the compensation that can be received.

In accordance with the Federal Trade Commission’s policy of the United States,
articles which contain a company, product or service review for which a
compensation has been received, will include a disclaimer.

Errors and Omissions Disclaimer

The information given by the Service is for general guidance on matters of
interest only. Even if the Company takes every precaution to insure that the
content of the Service is both current and accurate, errors can occur. Plus,
given the changing nature of laws, rules and regulations, there may be delays,
omissions or inaccuracies in the information contained on the Service.

The Company is not responsible for any errors or omissions, or for the results
obtained from the use of this information.

Fair Use Disclaimer

The Company may use copyrighted material which has not always been
specifically authorized by the copyright owner. The Company is making such
material available for criticism, comment, news reporting, teaching,
scholarship, or research.

The Company believes this constitutes a “fair use” of any such copyrighted
material as provided for in section 107 of the United States Copyright law.

If You wish to use copyrighted material from the Service for your own purposes
that go beyond fair use, You must obtain permission from the copyright owner.

Views Expressed Disclaimer

The Service may contain views and opinions which are those of the authors and
do not necessarily reflect the official policy or position of any other
author, agency, organization, employer or company, including the Company.

Comments published by users are their sole responsibility and the users will
take full responsibility, liability and blame for any libel or litigation that
results from something written in or as a direct result of something written
in a comment. The Company is not liable for any comment published by users and
reserve the right to delete any comment for any reason whatsoever.

No Responsibility Disclaimer

The information on the Service is provided with the understanding that the
Company is not herein engaged in rendering legal, accounting, tax, or other
professional advice and services. As such, it should not be used as a
substitute for consultation with professional accounting, tax, legal or other
competent advisers.

In no event shall the Company or its suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever arising out of or in
connection with your access or use or inability to access or use the Service.

“Use at Your Own Risk” Disclaimer

All information in the Service is provided “as is”, with no guarantee of
completeness, accuracy, timeliness or of the results obtained from the use of
this information, and without warranty of any kind, express or implied,
including, but not limited to warranties of performance, merchantability and
fitness for a particular purpose.

The Company will not be liable to You or anyone else for any decision made or
action taken in reliance on the information given by the Service or for any
consequential, special or similar damages, even if advised of the possibility
of such damages.

Contact Us

If you have any questions about this Disclaimer, You can contact Us:

* By email: [email protected]
* By visiting this page on our website: https://www.baby-chick.com/contact/

Changes to Terms

Baby Chick reserves the right, in its sole discretion, to change the Terms under which www.baby-chick.com is offered. The most current version of the Terms will supersede all previous versions. Baby Chick encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Baby Chick welcomes your questions or comments regarding the Terms:

Baby Chick, LLC

9212 Fry Road, Suite 105-217

Cypress, Texas 77433

 

Email Address:

[email protected]

 

Telephone number:

_________________

 

Effective as of May 10, 2015