trybaby Terms and Conditions

Effective May 29, 2020

Thank you for visiting the trybaby LLC (“trybaby”) website located at www.trybabyco.com (the “Website”).  These Terms and Conditions (“Terms”) apply to your use of this Website. 

Your Acceptance of These Terms 

By using this Website, you agree to comply with and be bound by these Terms.  If at any point you do not agree to these Terms, your access or use of this Website is no longer permitted.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms, you also agree to the terms of our Privacy Policy [insert link].  Before using this Website, please carefully review our Privacy Policy.  All personal information provided to us as a result of your use of this Website will be handled in accordance with our Privacy Policy.  To the extent there are inconsistencies between these Terms and our Privacy Policy, these Terms control.

Your Consent to Other Agreements

You may be asked to agree to additional terms governing your use of the certain areas of this Website.  For example, you may be asked to expressly consent to the special terms by checking a box or clicking on a button marked “I agree.”  This type of agreement is known as a “click-through” agreement.  If any of the terms of the click-through agreement differ from these Terms, the terms of the click-through agreement will supplement or amend these Terms, but only with respect to the matters governed by the “click-through agreement.”  

Ownership of this Website and its Content

This Website, including all its Content is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries.  Unless otherwise specified, all Content and corresponding intellectual property rights are the property of trybaby or is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. 

The presence of any Content on this Website does not constitute a waiver of any right the Content and you do not acquire ownership rights to any Content viewed through this Website.  Except as otherwise provided, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Website and to display, download, or print portions of this Website on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Trademarks

The trybaby name and logos, all product and service names, all graphics, all button icons, and all trademark service marks and logos appearing within this Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of trybaby.  All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Website are the property of their respective owners.  You are not authorized to display or use the trybaby marks in any manner without our prior written permission.  You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Website without the prior written permission from the owners.  The use or misuse of the trybaby marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Removal of Content

You can seek removal of objectionable User Generated Content (“UGC”) by contacting us at [hello@trybabyco.com].  We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law.  Please be aware, however, that if the UGC has already been distributed to other Websites or published in other media, we will not be able to recapture and delete it.  Also, a back-up or residual copy of the UGC we remove from this Website may remain on back-up servers.  trybaby disclaims all liability for any UGC displayed on this Website and does not in any way endorse, support or otherwise control UGC.  

Violation of Copyrights 

trybaby does not knowingly violate or permit others to violate the copyrights of others.  We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. 

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe that your own work or the work of a third party for whom you are authorized to act is featured on this Website or has been otherwise copied and made available on this Website in a manner that constitute copyright infringement, please notify us immediately.  Your notice needs be in writing and include: 

• an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics); 
• your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; 
• a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Your statement must be addressed as follows:

David Merritt

Faegre Drinker Biddle & Reath 

90 S. Seventh Street 

Suite 2200

Minneapolis, MN 55402

David.Merritt@FaegreDrinker.com

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Your Feedback 

Although trybaby does not claim ownership of User-Generated Content, the Feedback you provide to us through this Website will be and remain our exclusive property.  Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback.  We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose.  For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Eligibility 

We do not sell products to persons under the age of 18.  If you are under the age of 18, you may only purchase products on this Website with authority given by either a parent or guardian.

Your Order 

Every order that you place on this Website will be subject to acceptance in accordance with these Terms of Sale.  The final details of your order will be listed at the end of the checkout process. Following completion of the checkout process, we will send you an email confirming receipt of your order, detailing the products you have ordered with an order number, and setting forth the shipping address and delivery method for your order.  This email is not an order acceptance from us, and your order will not be completed and accepted until we notify you that it has been shipped.  Please inform us immediately if there are any errors in your order.  Your order will be shipped in accordance with our Shipping Policy [insert-link]

Payment

Your credit card will be charged when we ship your order.  If we are unable to supply the product that you have ordered, we will contact you by e-mail or phone, and your credit card will not be charged if the order has not shipped. 

Colors

We have done our best to display as accurately as possible the colors of the products shown on the Website.  However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be entirely accurate.

Misprints, Pricing, Products 

At trybaby we do our best to give you complete and accurate information so that you can make a completely informed purchasing decision.  Despite trybaby’s care, inaccuracies may still exist.  trybaby does not warrant that item descriptions or other content of the Website is accurate, complete, reliable, current, or error-free.  If a product offered on the Website is not as described, your sole remedy is to return it for a refund.  Photographs illustrating the items for sale are not included within the scope of the contract.  

Further, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order).  Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.  We apologize for any inconvenience this may cause you and will do our best to correct any mistakes.

We reserve the right to change prices and specifications without notice.  The price that you pay for any product on this Website will be the price that is displayed on the Website at the final page in the checkout process.  Note that the price for an item may change from when you first placed it in the shopping cart.  Placing an item in your shopping cart does not reserve the price shown at that time.  We cannot confirm the price of a product until you have placed the order and reached the ‘confirmed purchase’ stage. 

Errors in Billing, Payment, or Shipping Information 

Some orders may not be processed due to an error in the information you have provided, which could include, but is not limited to:

• Incorrect credit card or debit card number, expiration date, and/or security value. 

• Other incorrect information regarding payment types. 

• Incorrect billing information (e.g. when you provide billing information that is inconsistent with the billing information that your financial institution has on record). 

• Insufficient or incorrect information regarding your shipping address (e.g. street address, city, state, zip or postal code, etc.). 

• Suspected fraudulent information.

In order to ensure correct processing, please review the information you have provided before submission.

Electronic Communications

trybaby or its affiliated agents may communicate with you electronically by email, calls or text messages regarding your account and transactions.  You consent to receive communications from trybaby electronically and specifically agree that we may send emails to your devices and place calls or send texts to your telephone using automatic dialing/announcing/messaging equipment or an artificial or prerecorded voice.  You also agree that we may make calls or place texts to your mobile telephone.  You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Events Outside Our Control

Any event or cause beyond trybaby’s reasonable control, including without limiting (i) epidemic, pandemic, famine, earthquakes, floods, war, terrorism, whether foreign or domestic, overwhelming event(s) caused by natural forces, extreme weather, or other natural disaster; (ii) acts of civil or military authority, insurrection, riots, strikes, fire, or explosion; (iii) picketing, strikes, or labor shortage; or (iv) interruption of or delay in transportation, shortage or failure of supply of raw materials or finished merchandise, power outages, telecommunication outages, or any other intervening system, software, or service not operated by trybaby (collectively “Force Majeure Event”).  If a Force Majeure Event occurs, we will not be liable to you or any third party for any loss, damage, delay, liability, expense, or cost related to or caused by such Force Majeure Event.

Links to Third-Party Websites

This Website may provide links to other Websites operated by third parties.  Because we have no control over third-party Websites, we are not responsible for the availability of those Websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Websites.  trybaby is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Websites.  These Terms do not apply to your use of third-party Websites; your use of a third-party Website is subject to the terms and policies of the owner of that Website.

Modification and Discontinuation 

We reserve the right at any time to modify, edit, delete, suspend or discontinue this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice.  You agree that we are not liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

Governing Law, Jurisdiction and Venue

These Terms will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these Terms will be venued exclusively in state or federal court in the City of Minneapolis, Minnesota.  You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.  However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms is taking place or originating.

These Terms May Change

These Terms are current as of the effective date set forth above.  trybaby reserves the right to change these Terms consistent with applicable laws and principles.  These changes will be effective as of the date we post the revised version on this Website.  Your continued use of this Website after we have posted the revised Terms constitutes your agreement to be bound by the revised Terms. 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TRYBABY OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT, EVEN IF TRYBABY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, TRYBABY OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF TRYBABY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND TRYBABY. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRYBABY. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

Disclaimer of Warranties 

This Website and all Content included on or otherwise made available to you through the Website are provided by trybaby on an “as is” basis, without representations or warranties of any kind.  trybaby makes not representations or warranties of any kind, express or implied, as to the operation of the Website, the accuracy or completeness of the Content, or that correspondence sent from trybaby are free of malware or other harmful components.  You expressly agree that your use of the Website is at your sole risk.  To the full extent permitted by law trybaby disclaims any and all representations and warranties with respect to the Website and the Website Content, including without limitation warranties of title, merchantability, and fitness for a particular purpose or use. 

Entire Agreement  

These Terms (together with our Privacy Policy, Shipping and Return Policy, any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and trybaby with respect to this Website and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and trybaby with respect to this Website and your use of this Website. 

Questions

If you have any questions about this Website or these Terms, please contact us using the following information:

hello@trybabyco.com