Welcome to the BabbaCo website brought to you by BabbaCo, Inc. (“BabbaCo” or “us” or “we”). BabbaCo offers products designed for kids (and their parents) to make their lives fun and enriching. These Terms of Use set out the terms of your use of the BabbaCo website (the “Site”) and your purchase of BabbaCo products, including the BabbaBox membership. Please review these terms carefully when browsing our Site or before purchasing products from us. If you have questions on these Terms, our products or about BabbaCo, please contact us at  [email/phone].  

You are welcome to browse our Site without registering or purchasing a product and without providing any personal information to us. By using our Site, you agree to be bound by these Terms.  However, if you wish to purchase products or become a BabbaBox member, you will need to indicate your understanding and acceptance of these Terms by following the instructions on the Site. If you do not agree to these Terms, you will not be able to purchase our products or become a BabbaBox member and you should not use the Site. 
These Terms may be modified by BabbaCo at any time and without prior notice, such modifications to be effective upon posting by BabbaCo on the Site. However, any modifications will not affect your rights with respect to products purchased before the date we post the modified Terms. These Terms include our Privacy Policy, FAQs, and any other policies or notices we may post on the Site from time to time (the “Policies”).

1. Eligibility. You must be eighteen or over to purchase products through the Site. By providing information to us through the Site and agreeing to purchase a product, you agree that you are at least eighteen years of age.  

2. Purchase of Products. In order to purchase our products, you must provide us with certain basic personal and billing information, such as your name, address and credit card information. If you order a BabbaBox membership, we will also ask you for certain additional [optional] information regarding your child, such as first name and birth date; this information will solely be used to offer products, services and offers geared towards the age group your child belongs in as we develop and expand our product line. You agree that all information you provide with respect to your purchase of products and payment will be accurate and complete.You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. You will be responsible for payment to BabbaCo of the applicable taxes relating to purchases on our Site.   For more information on our products and payment, see our FAQs. 

All orders are subject to our acceptance.  We may refuse to accept any order, or any portion of an order, in our sole discretion, even if we have provided a confirmation of order. If a product is listed at the incorrect price, we have the right to reject or cancel orders at the incorrect price, even if the order has been confirmed or your credit card charged. If this happens and we cancel an order after charge to your credit card, we will promptly credit your credit card account in the amount of the charged price.

Important Information on BabbaBox Memberships. If you purchase an annual membership for Babbabox, your membership will automatically renew and you will be charged upon the expiration of the annual term unless you have notified us of your cancellation of your membership prior to such date. If you purchase a monthly membership, your membership will continue until you cancel it and we will charge your credit card monthly in advance.   If you wish to cancel your membership, please contact us at support@babbaco.com. For more information on our membership plans, see our FAQs.

3. Intellectual Property Rights in the Site and Products. BabboCo owns and retains all proprietary rights in the Site and the products, including without limitation, all content, graphics, video, sound, logos, software, trademarks, service marks and other material therein (the “Content”) and all intellectual property rights associated with the Content. The Site is intended solely for personal noncommercial use. Except for that information or content which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, republish, mirror, frame, transmit, distribute, perform, display, sell, or otherwise make available to third parties the Site or any Content. Your use of this Site does not create any license or any other rights in BabbaCo’s or any third party's copyrights, trademarks or any other intellectual property or proprietary rights. All product names, logos, trademarks and service marks appearing on the Site, including BabbaCo® BabbaBox, BabbaCover®, BabbaMat, BabbaBurpie, BabbaThreads and the BabbaCo logo are the registered or unregistered trademarks and property BabbaCo. Nothing in these Terms shall be construed to grant you any right or license in any of these names, logos, trademarks or service marks without the prior written consent of BabbaCo. All rights in and to the Site not expressly granted herein are reserved by BabbaCo.

Any content, including text, video, audio or pictures, that you may provide to us, whether through the Site, email, our social networking sites or otherwise, will remain your property. However, you agree that BabbaCo shall have the irrevocable, perpetual right and license to copy, modify, transmit, post, distribute, display and perform all such content for promotional and other purposes without attribution or consideration to you.  

4. Privacy. Use of the Site is also governed by our Privacy Policy which is hereby incorporated into and made part of these Terms.

5. Disclaimers. Information on the Site or any catalogs or listing of our products may contain errors, inaccuracies, omissions or outdated information that may relate to our products, pricing or availability. We may correct any errors, inaccuracies or omissions or update information at any time without prior notice. 

THE SITE AND ALL CONTENT AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE” BASIS FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BABBACO MAKES NO WARRANTIES REGARDING THE OPERATION OF THE SITE OR ITS CONTENT. 

TO THE FULLEST EXTENT PERMITTED BY LAW, BABBACO DISCLAIMS ALL WARRANTIES REGARDING THE SITE OR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

From time to time, we may offer a third party’s products for sale through the Site. Although we try to qualify such third party vendors and products, we cannot guarantee the quality or safety of such products. Any purchase of third party products through the Site is at your own risk and you should use your reasonable judgment in confirming the safety and appropriateness of such products for your child. BABBACO EXPRESSLY DISCLAIMS ANY LIABLITY OR WARRANTY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS.

6. Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES SHALL BABBACO BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF USE, OR DAMAGE TO PROPERTY ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF BABBACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BABBACO 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BABBACO FOR THE AFFECTED PRODUCT(S). For our return policies, please see our FAQs.

7. Third Party Websites. From time to time, BabbaCo may provide information regarding or links to other websites, resources or products (“Third Party Sites and Products”).  Such information is provided only for your convenience. BabbaCo does not qualify, endorse, investigate or approve any Third Party Sites and Products and is not responsible for the availability, security, safety or quality of such Third Party Sites or Products. You are solely responsible for ensuring that any such Third Party Sites and Products meet your needs. In no event will BabbaCo be responsible or liable for any information, services or products provided by such Third Party Sites or for their failure to provide any such information, services or products to you.  BabbaCo has no control over, and assumes no responsibility for, the content, privacy policies, products, services or practices of any third party websites. You should review such site’s privacy and return/refund policies before providing any personal information or purchasing products or services from such sites. In addition, BabbaCo will not and cannot censor or edit the content of any third-party site.

8. Disputes. If there is any dispute about or involving the Site and/or any product you have purchased from us, by using the Site, you agree that the dispute will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Illinois.

9. Indemnity. You agree to indemnify and hold BabbaCo, its subsidiaries, affiliates, and their respective officers, agents, representatives and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, due to or arising out of your use of the Site in violation of these Terms, your misuse of any product, and/or arising from a breach of these Terms.

10.  Location of Site. The Site is controlled and offered by BabbaCo from the United States of America and all information is processed in the United States. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. You also agree that any information you provide through the Site may be maintained and processed in the United States.

11. Feedback. You understand and agree that any ideas or suggestions for improvements to the Site or products, including without limitation, enhancements, new functionality or concepts, shall be owned by BabbaCo.  BabbaCo shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to you.

12. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by BabbaCo without restriction.

13. Term. These Terms will remain in full force and effect while you use the Site and with respect to all purchases of products. We may terminate your access to the Site, or any portion of the Site in our sole discretion, including if we believe that you are in breach of these Terms.

14. Other. These Terms and our Policies contain the entire agreement between you and BabbaCo regarding the use of the Site. If any terms and conditions of this Agreement are not accepted by you in full, you do not have permission to access the contents of the Site and therefore should cease using this Site immediately The failure of BabbaCo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms shall continue in full force and effect.