Disclaimer of warranty
BABYMED (INCLUDING ITS AFFILIATES AND SUPPLIERS) DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
Limitation of liability
IN NO EVENT SHALL BABYMED (INCLUDING ITS AFFILIATES OR ITS SUPPLIERS) BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE OR OTHERWISE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THIS SITE, BABYMED'S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT BABYMED'S ELECTION, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.
You agree to indemnify, defend and hold harmless BabyMed (including its affiliates and suppliers) from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site.
All materials on this site (as well as the organization and layout of the site) are owned and copyrighted by BabyMed, Inc. or its affiliates or suppliers and may be accessed, downloaded or printed for your personal non-commercial use only. Without the prior written permission of BabyMed, you may not copy, distribute or transfer any material on this site, in whole or in part. All trademarks, service marks, and trade names (collectively the "marks") are proprietary to BabyMed or other respective owners that have granted BabyMed the right and license to use such marks.
Changes to site
BabyMed and its suppliers may make improvements or changes in the information, services, products, and other materials on this site, or terminate this site, at any time without notice. BabyMed may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.
This agreement and the resolution of any dispute related to this Agreement or the site shall be governed by and construed in accordance with the laws of New York, without giving effect to any principles of conflicts of law. BabyMed's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between BabyMed and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York.
BabyMed is a registered trademark of BabyMed, Inc. The BabyMed logo and design, BabyMed.com, BabyMed.net, BabyMed.org, and other marks are trademarks or servicemarks of BabyMed, Inc.
All other trademarks and servicemarks are the property of their respective owners.