BECAUSE OF BEBÉ TERMS AND CONDITIONS
By using https://www.becauseofbebe.com (“Website”) or any Because of Bebé LLC (“Because of Bebé”) publication, course, product, or service, including all text, graphics, images, materials, opinions, suggestions, ideas, concepts, designs, data, software, sound files, information, marks, and copyrights, whether registered or unregistered, (collectively “Publications”), you expressly agree to all of the following terms and conditions (“Terms”).
If you do not agree to all of these Terms, then do not continue to access the Website, Content, or Publications.
GENERAL USE REQUIREMENTS
By using the Website, you affirm that: (1) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) OR you have reviewed these Terms with your parent or guardian and he or she has agreed to these Terms on your behalf and takes full responsibility for your compliance with these Terms (except that children under 13 years old are not allowed to use this Website); (2) you are a legal resident of a country where your access to and use of the Website are permitted; (3) you represent that you are fully able and competent to agree to, abide by, and comply with these Terms; (4) you have read and agree to these Terms and the terms of our Privacy Policy; and (5) the foregoing was true at all times during your use of the Website, even if your use began prior to the effective date of these Terms.
Because of Bebé reserves the right to modify these Terms at any time by posting a notice of such modifications in the relevant section of the Website, or by posting a notice in any other conspicuous manner that Because of Bebé deems sufficient. Your continued use of the Website will signify your acceptance of the changes to these Terms. Each time you access the Website, such use will constitute acceptance of these Terms, including any amendments or updates that Because of Bebé may have made from time to time.
LIMITED USE & INTELLECTUAL PROPERTY RIGHTS RESERVED
The Content of Because of Bebé’s Website and all Publications, including all Intellectual Property Rights in such Content, the Website, and all Publications, are the exclusive property of Because of Bebé, unless otherwise specified. As used in these Terms: (1) “Intellectual Property Rights” means all rights granted, applied for, or otherwise, whether now in existence or later acquired, related to any patent, copyright, trademark, trade secret, or other intellectual property rights laws and all similar equivalent rights or forms of protection, in any part of the world. Because of Bebé retains all right, title, and interest in, or to (including any license under), any Intellectual Property Rights arising from, or relating to, the Website Content, Publications, and Because of Bebé’s business generally, including all enhancements, modifications, updates, and derivative works; (2) "Content" includes any information provided and hosted on the Website, including its sleep training list, blog, discussion boards, or newsletter, and all new versions, updates, revisions, improvements, and any modifications of the foregoing, to which Because of Bebé provides access and use.
No provision of these Terms shall be construed as: (1) granting you, by implication, estoppel, or otherwise, any license (except the limited license specifically stated below) or right to use any the Website, Content, or Publications for the financial gain of yourself or any third party, except with prior written approval and agreement by Because of Bebé; (2) releasing, relinquishing, or waiving any of Because of Bebé’s Intellectual Property Rights; and (3) Because of Bebé reserves the right, in its sole and absolute discretion, to make any changes to the Website, Content, or Publications that it deems appropriate, necessary, or useful, at any time.
You may use, and Because of Bebé grants you this limited, revocable, non-exclusive, license to use the Website, Content, and Publications, only for the limited purpose, and in the context, for which it was provided to you, including to: (1) purchase access to a single print and/or electronic copy (or copies, if applicable, by purchase order indicating purchase of additional copies) of the Content or Publication(s); (2) use it for strictly for personal and noncommercial purposes in accordance with these Terms, and not any revenue generating purpose or other purpose not intended by these Terms; (3) direct third parties to use the Website for their own use, but you may not distribute or provide any third party with access to the Content or Publications nor make the Content or Publications available on a network where the Content or Publications could be downloaded, accessed, or used by others; and (4) create a hyperlink, hashtag, or social media post crediting Because of Bebé for its Content and Publications, so long as you do not portray Because of Bebé in a false, misleading, derogatory, or defamatory manner, or otherwise paint Because of Bebé in a negative light, and the hyperlink, hashtag, or social media post does not contain abusive, offensive, objectionable, or otherwise inappropriate content and is not a violation of the rights of Because of Bebé or any third party, or applicable law.
The term of this license is effective on your initial use of the Website and contemporaneous acceptance of the Terms, and remains in effect until terminated per these Terms. You may not, and in no way do these Terms confer any right in you to license, sublicense, sell, distribute, or otherwise authorize the use of the Website, Content, or Publications, whether in executable form, source code or otherwise, to or by any third parties.
The limited license granted to you by Because of Bebé is not assignable nor sub-licensable, and may be revoked at any time and for any reason by Because of Bebé. As such, you expressly agree you will not resell, republish, reproduce, distribute, translate, transfer, upload, post, display, rent, lease, sublicense, loan, lend, assign, transfer, modify, translate, adapt, edit, improve, enhance, or create derivative works, or copy (including photocopying, recording, and all other electronic and mechanical methods) any of the Website, Content, or Publications under any circumstances, except with express prior written approval by Because of Bebé. You additionally agree, you will not use any data mining or similar data gathering and/or downloading extraction methods (other than page caching) of any portion of the Website, Content, or Publications, except as expressly permitted by these Terms. Special rules regarding use of certain software and other accessibility programs with regard to the Website, Content, and Publications may be included in other areas of the Website and are incorporated into these Terms by reference. Any attempted or actual violation of any term or condition is prohibited and effectively terminates, at the time of such attempted or actual violation, the limited license provided to you. Because of Bebé may terminate or limit access by subscribers or account holders who, in Because of Bebé’s sole determination, infringe upon Because of Bebé’s or any third party’s rights or violate any term or condition of these Terms or any other terms or conditions provided by Because of Bebé. Because of Bebé may, directly or indirectly, and by any lawful means, suspend, terminate or otherwise deny your access to or use of all or any part of the Website, Content, or Publications, in its sole discretion, for your violation of these Terms, or otherwise, including but not limited to, violation of any other rules or requirements for continued use of the Website, Content, or Publications provided to you by Because of Bebé.
You may not to use the Website, Content, or Publications for any revenue generating endeavor or commercial enterprise including but not limited to, using the Website, Content, or Publications to create a website, product, service, or application that is directly or indirectly competitive with or in any way a substitute for any website, product, service, or application offered by Because of Bebé.
Upon any expiration or termination of these Terms, except as expressly otherwise provided in this these Terms: (1) All rights, licenses, consents and authorizations granted by Because of Bebé to you hereunder will immediately terminate; (2) you shall cease all use of Content and/or Publications; (3) Because of Bebé may disable and deactivate any accounts you set up on or to access the Content and/or Publications, and may otherwise prevent you from further accessing the Content and/or Publications; (4) Notwithstanding anything to the contrary in these Terms, and unless otherwise prohibited by law, with respect to information and materials then in Because of Bebé’s possession or control, Because of Bebé may retain your Data, which your Data is deleted in Because of Bebé’s ordinary course of business; and (5) you will not be refunded any fees paid in connection with the Content and/or Publications.
DISCLAIMER
SLEEP TRAINING RESULTS AND EFFECTIVENESS MAY VARY. BEFORE BEGINNING SLEEP TRAINING OR RELYING ON ANY PUBLICATION OR CONTENT PROVIDED BY BECAUSE OF BEBÉ, YOU SHOULD ENSURE IT IS SAFE AND APPROPRIATE FOR YOUR USE OR CHILD. DO NOT USE THE PUBLICATIONS, CONTENT, AND WEBSITE EXCEPT AS EXPRESSLY INTENDED AND IN ACCORDANCE WITH THESE TERMS.
BECAUSE OF BEBÉ IS NOT A MEDICAL PROVIDER AND ANY INFORMATION PROVIDED BY BECAUSE OF BEBÉ, INCLUDING THE CONTENT AND PUBLICATIONS DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSES, TREATMENT RECOMMENDATIONS, ENDORSEMENTS OF THE INFORMATION, OR ANY EXAMINATION, TEST, SUGGESTION, PHYSICIAN APPROVAL, OR OPINION REGARDING ANY PRODUCT, CONTENT, PUBLICATION, OR PROCEDURE.
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED BY BECAUSE OF BEBÉ AS A SUBSTITUTE FOR ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROVIDER PRIOR TO ALTERING, SUPPLEMENTING, CHANGING YOUR CHILD’S DIET, AND/OR SLEEP SCHEDULE, OR ACTING (OR OMITTING ACTION) IN RELIANCE ON INFORMATION PROVIDED BY BECAUSE OF BEBÉ. RELIANCE ON THE CONTENT AND PUBLICATIONS MAY RESULT IN INJURIES OR OTHER CONSEQUENCES.
BECAUSE OF BEBÉ’S WEBSITE, CONTENT, AND PUBLICATIONS ARE INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. ALL ACTION OR INACTION YOU TAKE IN RELIANCE ON ANY INFORMATION PROVIDED BY BECAUSE OF BEBÉ IS AT YOUR OWN RISK, AND BECAUSE OF BEBÉ IS NOT LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY FOR ANY INJURY, LOSS, DAMAGES, LIABILITIES, OR CLAIMS OF ANY KIND, WHATSOEVER, UP TO AND INCLUDING DEATH. YOU INDEMNIFY AND HOLD BECAUSE OF BEBÉ, ITS PARENT, SUPPLIERS, LICENSORS, SUBSIDIARIES, AFFILIATES, RESPECTIVE MEMBERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND AGENTS HARMLESS FOR ANY SUCH INJURY, LOSS, DAMAGE, LIABILITY, AND CLAIM.
IF YOU BELIEVE YOU OR SOMEONE YOU CARE FOR IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY AND CONSULT A DOCTOR.
Except as otherwise specified in a writing signed by Because of Bebé, the Content and Publications are provided on an “as is”, “as available” and “with all faults” basis, without warranties of any kind, either express or implied. Because of Bebé, its parent, suppliers, licensors, subsidiaries, affiliates, respective members, employees, independent contractors, agents and representatives make no guarantees or warranties (whether statutory, express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, warranties arising from course of dealing, usage, or trade practice, and non-infringement of information) regarding: (1) the accuracy, quality, functionality, availability, accessibility, reliability, performance, and timeliness of the Website, Content, and Publications, or third-party sites, hyperlinks and content; (2) the use of the Website, its server(s), or any third-party site or server(s) as safe or free from malware, viruses, and other hardware and software damaging causes; (3) any information or Content posted or hosted on the Website, for any purpose; (4) satisfaction of any local, state, or federal law, regulations, orders, or directives for software compliance, or required disclosures of information on prescription drugs, food products, supplements, vitamins, or any other packaging descriptions and required disclosures; and (5) whether any products, the Website, Content, or Publications will meet your or any third party’s requirements, operate without interruption, achieve any of your intended results, be compatible with any application, systems, or other services.
You represent and warrant to Because of Bebé, you are duly authorized and empowered to accept (whether on behalf of yourself or any organization, entity, or enterprise other than on behalf of yourself, including work as an independent contractor or employee), and you do accept without fraud, duress, or undue influence, these Terms. Additionally, you and any applicable associated third-party organization, entity, or enterprise, jointly and severally, indemnify, defend, and hold Because of Bebé, its parent, and subsidiaries harmless from and against any and all claims, liabilities, suits, injuries, losses, damages, penalties, expenses, and all other costs and actions or proceedings brought against Because of Bebé, based upon (or arising as a result of) a violation of these Terms. Any waiver by Because of Bebé of any right or remedy under these Terms is not a waiver of any other right or remedy of the same kind, or subsequent right or remedy.
ACCESS
Because of Bebé will use commercially reasonable efforts to provide you with consistent access to the Website by hosting, managing, operating, and maintaining the Website for remote access and use by you, including employing any security measures in accordance with applicable industry standards, and excluding: (1) scheduled downtime; (2) maintenance downtime or degradation due to forced major event(s); (3) suspension or termination of your access to or use of the Website in accordance with these Terms; and (4) any other circumstances beyond Because of Bebé’s reasonable control.
Because of Bebé does not guarantee availability of the Website, Content, or Publications. Accordingly, you agree to hold Because of Bebé harmless for any unavailability, downtime, etc. of the Website, the Content, and Publications.
THIRD-PARTY PLATFORMS
Because of Bebé utilizes Squarespace, a website management platform, to provide Content and Publications through the Website. In order to receive Because of Bebé services, you agree to any fees and any terms and conditions of Squarespace. By accessing the Website, you agree that you are bound by these Terms, the Privacy Policy of Because of Bebé, and the Terms of Service and Privacy Policy of Squarespace, which policies are accessible at https://www.squarespace.com/terms-of-service and https://www.squarespace.com/privacy. If these Terms or the Privacy Policy of Because of Bebé conflict with the Terms of Service or Privacy Policy of Podia, with respect to any conflict between you and Because of Bebé, the Terms and Privacy Policy of Because of Bebé will govern the dispute.
Because of Bebé may provide links to third party sites and content, including Squarespace, Stripe, Zoom, QuickBooks, MemberSpace with Circle, and PayPal, and social media sites such as Facebook, Pinterest, Twitter, Instagram, and YouTube, for your convenience or marketing purposes. You understand Because of Bebé does not monitor or control any third-party site or content, and Because of Bebé makes no representation, warranty, guarantee, affiliation, or endorsement regarding the quality, content, nature, reliability, or rights of any such third-party site or content. You understand, by leaving our Website, additional terms and conditions may apply with respect to the third-party site, products, and content. Any dealings between you and a third party are solely between you and that third party, and Because of Bebé is not liable for any losses, damages, injuries, liabilities, penalties, expenses, or any other costs incurred by you based upon, relating to, or arising as a result of, your relationship with such third party, its site, content, services and/or products. You expressly waive any right you may have, or may later acquire, to name Because of Bebé as a party to any such proceeding, under any circumstances, and understand Because of Bebé will not be a party to any such proceeding.
PURCHASES
You represent and warrant to Because of Bebé, its subsidiaries, parent companies, affiliates, licensors, suppliers, and assigns: (1) you will pay Because of Bebé the full retail price plus any applicable taxes in U.S. dollars as consideration for any retail purchas(es) of Publications and Content, via PayPal or Stripe, third-party payment processors, or as otherwise directed by Because of Bebé; (2) any information (including payment profile information, contact information, and necessary authorizations) associated with your PayPal, or other payment processor, account and the purchase is complete, current, and accurate; (3) you may incur and will pay any separate fees, expenses, charges and other obligations associated with third-party terms and conditions, including the third-party payment processor services above-listed (if applicable), and internet or other service providers necessary to view and/or use the Publications and Content; and (4) you will authorize your credit company, bank, or other payment organization to dispense the payment in full at the time of the purchase. Because of Bebé may, but is not required to, accommodate any change in your shipping address, and is not liable for any overage fees, fees associated with insufficient funds, or other payment penalties resulting from the purchase. You understand Because of Bebé may retain any information related to purchases in accordance with its Privacy Policy.
You may contact Because of Bebé via email at hello@becauseofbebe.com with any questions or concerns. Because of Bebé reserves the right, in its sole discretion, to determine whether or not to replace any items lost in shipping, and will address customer services inquiries on a case by case basis. No refunds or returns will be accepted.
Because of Bebé may limit the sale of its Content and Publications, in its sole discretion, and may change (at any time and for any reason) the descriptions, pricing, and shipping costs for Content and Publications, including discontinuing any Content or Publications, acceptance or denial of any promotion, and/or changes to any offer to sell, the Content or Publications.
USER INTERACTIONS, DEVICES, & DATA
You agree not to violate or attempt to violate the security of the Website, Content, or Publications and specifically agree you will not: (1) access data not available to your user account and server; (2) reverse engineer, scan, test, disassemble, decompile, decode, decrypt, or probe the Website and its system, network, and servers, in breach of security or authentication measures; (3) interfere with service to any customer or user of Because of Bebé, whether by submitting a virus to the Website, overloading, flooding, spamming, mailbombing, crashing, or otherwise; (4) send unsolicited messages, promotions, or advertisements to Because of Bebé or its customers or users; (5) forge any transmission control protocol or intellectual property packet headers, information, emails, newsgroups or social networking post; (6) store, create, distribute, post, transmit, or otherwise publish content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of the privacy or violates the rights of Because of Bebé or any third party, or is abusive, inflammatory, fraudulent, or otherwise inappropriate, encourages or incites violence or insurrection, is confidential or protected or proprietary information, or any content which violates any local, state, or federal law, or which misrepresents your affiliation with Because of Bebé or any third party; (7) damage, destroy, disrupt, impair, interfere with or otherwise impede Because of Bebé’s Website, Content, or Publications, or Because of Bebé’s provision of services to any third party; or (8) attempt any of the above-listed actions.
You agree that you will, at all times: (1) set up, maintain and operate in good repair all of your devices or systems on, or through, which the Website or any Content or Publication is accessed or used; and (2) provide all cooperation and assistance as Because of Bebé may reasonably request to enable Because of Bebé to exercise its rights and perform its obligations under these Terms. You represent and warrant that maintenance of your data, its content and use, and your devices (including maintenance, security, accessibility and use of such), to prevent any third-party access or use of the Content and Publications, including all results obtained from, and all conclusions, decisions and actions based on, such access or use, whether with or without your knowledge or consent, and understand that any results, conclusions, decisions, and actions of any third-party based on such access or use by or through your devices or any other means controlled by you, is your sole responsibility. You indemnify and hold Because of Bebé harmless for any losses, liabilities, damages, and claims brought by you or any third party arising from, or as a result of, a violation of the foregoing.
By submitting, storing, creating, distributing, posting, transmitting, or otherwise publishing any content on Because of Bebé’s Website, you grant to Because of Bebé, its parent, subsidiaries, licensors, affiliates, and assigns, an irrevocable, royalty-free, perpetual and nonexclusive license to use, store, analyze, transmit, reproduce, modify, alter, adapt, publish, translate, create derivatives works from, distribute, display, and otherwise control such content in any manner or media relating to the Content or Publications, without any compensation owed to you. Additionally, you warrant to Because of Bebé, any such submission, distribution, post, transmission or publication is not in violation of any provision of these Terms, or any other terms and conditions, intellectual property rights, legal agreements, etc. (including any required authorizations) of you or any third party. Because of Bebé will control and may protect any data submitted by you to Because of Bebé in accordance with its Privacy Policy.
Because of Bebé reserves the right to remove, delete, negate, or otherwise object to any content you store, create, distribute, post, transmit, or otherwise publish on the Website. In addition to the above-listed restrictions you will not post any content promoting health claims, benefits, or advantages to using any particular type or brand of products, or content which inhibits any other customer of Because of Bebé from use and enjoyment of the Website.
Because of Bebé will employ security measures in accordance with applicable industry practice.
INDEMNIFICATION & LIMITATION ON LIABILITY
In addition to any and all other indemnification obligations and limitations on liability stated above, you agree to indemnify and hold harmless Because of Bebé from and against all liability, damages, loss, cost or expense, including but not limited to reasonable attorneys’ fees and expenses, arising out of or in connection with any claims that: (1) your use or access of the Website, Content, or Publications infringes or otherwise violates any rights of any such third party; (2) your use or access of the Website, Content, or Publications in contravention of these Terms; (3) your provision of, or Because of Bebé’s use of your data has caused damage to, infringed the rights of, or caused the dissemination or unauthorized access of the data of, any third party; and/or (4) your provision of, or Because of Bebé’s use of your data caused damage to a third party including but not limited to as a result of Harmful Code, whether negligent or intentional.
You agree that your sole and exclusive remedy for any dispute with Because of Bebé is to stop your use of or access of the Website, Content, and Publications. In no event shall Because of Bebé, Because of Bebé’s parent, licensors, subsidiaries, affiliates, respective members, employees, independent contractors, licensors, licensees, assignees, agents, or representatives be liable for any direct, special, indirect, incidental, punitive, or consequential damages, including physical injury or loss, death, wrongful death, loss of profits, loss of data, loss of records, property damage, products liability, strict liability, whether brought in tort or contract, arising out of or relating to: (1) the Website, Content, and Publications; (2) any third party content or site; (3) use of, or inability to use, the Website or any third party’s website. Such prohibited damages include, but are not limited to, lost profits, data loss, business damage, or damages that are not reasonably foreseeable. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or other specific types of damages. To the extent you reside in any such jurisdictions, this paragraph will not apply to you.
LAW AND VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its principles of conflicts of laws. If a dispute arises, you will notify and allow Because of Bebé to resolve any dispute before initiating the arbitration process. If, and only if, Because of Bebé does not resolve the dispute within 60 days from the date your notice is received, then you may initiate the arbitration process. You hereby irrevocably and unconditionally consent and agree to submit any dispute with Because of Bebé, its parent, and subsidiaries to binding arbitration under the rules of the American Arbitration Association (“AAA”), before a single arbitrator, governed by the AAA’s Commercial Arbitration Rules, in the County of Seattle, King County, State of Washington, or any other county which Because of Bebé reasonably chooses at the time of the dispute, rather than in court or any other legal proceeding and expressly waive any right to jury or bench trial or any other court or legal proceeding. The parties shall share equally the cost of arbitration, including any filing fees and arbitration fees. Unless otherwise ordered by the arbitrator, each party shall be responsible for all other respective fees and costs, including but not limited to fees for attorneys or expert witnesses. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so. However, Because of Bebé may seek immediate injunctive relief in a court of law, in addition to any other remedy provided for by these Terms or under applicable law, if you violate any of term or condition (wholly or in part). Any claim or lawsuit arising out of these Terms must be filed no more than six (6) months after the due date of the occurrence that is the subject of the claim or lawsuit, or within the applicable statute of limitations, whichever expires first, and YOU EXPRESSLY WAIVE ANY OTHER STATUTE OF LIMITATIONS PERIOD OF LONGER THAN SIX (6) MONTHS.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY, AND YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING against Because of Bebé and/or its related parties or entities for any and all claims related to Because of Bebé’s Website, Content, Publications, these Terms, or otherwise including or related to Because of Bebé. The provisions of this paragraph survive the termination of your use of the Website, Content, and Publications.
SEVERABILITY
If any provision (wholly or in part) of these Terms is determined to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms (wholly or in part) shall be subject to partial enforcement. If no such interpretation is possible, then the unenforceable provision shall be deemed struck and the remainder of these Terms shall remain valid and enforceable.
MISCELLANEOUS PROVISIONS
Individuals may experience seizures, headaches, blackouts, dizziness, altered vision, eye or muscle twitches, loss of awareness or vision, confusion, disorientation, involuntary movement, convulsions, or other symptoms when exposed to certain visual images, including patterns or flashing lights. If you experience any symptoms, discontinue use of the Website, Content, and Publications and consult a qualified healthcare provider.
Headings used in these Terms are for reference only and do not affect the interpretation or enforcement of any term or condition.
These Terms will inure to the benefit of Because of Bebé, its parents, subsidiaries, and successors in interest, including successors through merger, consolidation, or sale of substantially all of Because of Bebé’s ownership or assets.
Because of Bebé may receive commission from products and services sold on affiliated websites. For a list of Because of Bebé affiliations and conditions, please contact Because of Bebé at hello@becauseofbebe.com.
These Terms survive termination of your use of the Website, Content, and Publications.