Copyright (c) 2006 Expecting Fitness. All Rights Reserved.
Please make our lawyers
happy. Your use of the expectingfitness.com™ Website will constitute
your agreement to the Terms, Conditions & Notices governing its use, which
you should review before proceeding by clicking here. If you don't agree to
these terms, please exit the Website.
The expectingfitness.com™ Website (for purposes hereof, as applicable, the "Website" also refers to all information, software, products and services used and/or available via the Website) is offered to you, the user, only conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Any and all rights not expressly granted herein are reserved by expectingfitness.com. expectingfitness.com reserves the right to change these terms, conditions, policies and notices, at its sole discretion, at any time or from time to time. Your use of the Website constitutes your agreement to all of these terms, conditions, policies and notices. For further information relating to the legal issues contained in these terms and conditions, or questions or problem reports regarding this service, please contact firstname.lastname@example.org or call expectingfitness.com at (310) 275-8855.
General; Trademarks, Copyrights, etc.
NewYorkBaby.com,Inc. ("expectingfitness.com") is the owner of all intellectual property rights (including copyrights) in the expectingfitness.com Website. Material published by expectingfitness.com on this Website may contain other proprietary notices or describe products, services, processes or technologies owned by expectingfitness.com or third parties. Nothing contained herein shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of expectingfitness.com or any third party, except as expressly set forth herein.
"expectingfitness.com," and certain other names and/or logos are trademarks of NewYorkBaby.com, Inc., and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of NewYorkBaby.com, Inc. All other product and service marks contained herein are the trademarks of their respective owners. The "look" and "feel" of expectingfitness.com's site (including color combinations, button shapes, layout, and all other graphical elements) are also expectingfitness.com's trademarks and/or copyrights.
All editorial content and graphics on this site, as well as the HTML used to generate pages, are protected by U.S. copyright laws and international treaties and may not be copied without the express permission of expectingfitness.com, which reserves all rights. Re-use of any of expectingfitness.com's editorial content and graphics online for any purpose is strictly prohibited without expectingfitness.com's prior written permission. Please direct any inquiries in such regard to email@example.com.
Please be aware that the information, software, products and services published on this Website may include inaccuracies, typographical errors and/or out-of-date information. Changes are made and items added to the Website and the information on it from time to time. expectingfitness.com may make such changes and/or additions at any time at its sole discretion.
This Website may contain hyperlinks and/or other connections to websites operated by parties other than expectingfitness.com, including but not limited to those of expectingfitness.com's business associates or its advertisers (individually or collectively, as the case may be, "Other Parties"). expectingfitness.com does not control these websites and is not responsible for them, including for their availability or content (including any viruses accessed through them). expectingfitness.com's inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. expectingfitness.com takes no responsibility whatsoever for the activities of Other Parties' activities or practices. Nothing on the Website shall be deemed to be an endorsement, representation or warranty with respect to any Other Party or other third party, whether in regard to its Web site, products, services or otherwise.
Use of Information and Services.
The information (including without limitation advice and recommendations) and services on the site are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your unique facts. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition and prior to starting any new treatment. Nothing contained in this site is intended to be used for medical diagnosis or treatment. The information and services are provided with the understanding that neither expectingfitness.com nor its suppliers or users are engaged in rendering legal, medical, counseling or other professional services or advice. Your use of the site is subject to the additional disclaimers and caveats that may appear throughout the site.
Your Use; Limited License.
The expectingfitness.com™ Website is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from or available as part of or in conjunction with this Website. You are granted a non-exclusive, non-assignable and non-transferable license to use the Website only under these terms and conditions of use.
This license is not a sale of any of the owner's rights. The expectingfitness.com Website may only be used by you, and you may not rent, lease, lend, sub-license or transfer the Website or any data residing thereon or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any other data in machine-readable form that incorporates or uses any substantial part of the Website. You may not transfer to or store any data residing or exchanged over the expectingfitness.com Website in any electronic network for use by more than one user unless you obtain prior written permission from expectingfitness.com.
The expectingfitness.com Site may be used only for lawful purposes by individuals. As one of the conditions of your use of the expectingfitness.com Website, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). It is YOUR RESPONSIBILITY to ensure that your use of the Website complies with these terms, conditions and notices and to seek prior written permission from expectingfitness.com for any uses not permitted or not expressly specified herein
In connection with your use of our Website, you will not:
Transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
Impersonate any person or entity, including but not limited to, a expectingfitness.com official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements) or that violates the property rights of others (including without limitation infringing use of a copyright or trademark) or the privacy or publicity rights of others;
Post or transmit any Content that contains a virus or corrupted data;
Delete any author attributions, legal notices or proprietary designations or labels that you upload to a communication feature;
Use the communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam,""chain letters," "pyramid schemes" or any other form of solicitation;
Intentionally or unintentionally violate any applicable local, state, national or international law; and
Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
Post to the Website any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
Delete or revise any material posted by any other person or entity.
Bulletin boards and chat rooms contain the opinions and views of other parents. expectingfitness.com is not responsible for the accuracy of any messages on t his site and you should always consult a physician or other qualified health care provider before relying on any information you find on this Website.
Web Site Security Rules.
Users are prohibited from violating or attempting to violate the security of expectingfitness.com, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a Website or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", or (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of Website or network security may result in civil or criminal liability. expectingfitness.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
By submitting (e.g., uploading) Content to the Website, you automatically grant expectingfitness.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you represent and warrant that you have all right, power and authority to do the following and that all so-called "moral rights" in the Content have been waived. expectingfitness.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website. Without limiting the foregoing, expectingfitness.com and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold expectingfitness.com harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.
expectingfitness.com is under no obligation to monitor the information residing on or transmitted via this Website. However, you agree that expectingfitness.com may monitor the Website Contents to (1) comply with any applicable laws, regulations or other government requests; (2) to operate the Website properly or to protect itself and its users and Other Parties; and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time. expectingfitness.com reserves the right to modify, reject or eliminate any information residing on or transmitted to its Website that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.
If you have directly submitted information and would like us to remove it from our database, please contact us at the email address or phone number listed above and we will use reasonable efforts to delete your information from our then existing files. At your request, we will also make reasonable efforts to forward a similar request on to up to five Other Parties specified by you; however, we cannot control, or be liable for such efforts, or for any past, present or future action or inaction by any of our Other Parties.
Disclaimers & Limitations.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THIS WEBSITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY URBANBABY.COM, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FORGOING OR CREATE ANY WARRANTY. URBANBABY.COM EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS WEBSITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
URBANBABY.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SOFTWARE OR PROCESS UTILIZED OR DISCLOSED ON THE WEBSITE OR ANY OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE. IN NO EVENT SHALL URBANBABY.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS OF THIS WEBSITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF URBANBABY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
URBANBABY.COM AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THIS SITE. WHILE URBANBABY.COM STRIVES TO KEEP THE INFORMATION ON THIS SITE ACCURATE, COMPLETE, AND UP-TO-DATE, URBANBABY.COM AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION.
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 THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN URBANBABY.COM'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $500.00.
The Site Does Not Provide Medical Advice.
The information contained on the expectingfitness.com is presented for the purpose of educating consumers on wellness and disease management topics. Nothing contained on the Site is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained from the Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. expectingfitness.com does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by expectingfitness.com, expectingfitness.com employees, others appearing on the Site at the invitation of expectingfitness.com, or other visitors to the Site is solely at your own risk.
In no event shall expectingfitness.com, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not expectingfitness.com is advised of the possibility of such damages. expectingfitness.com is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF URBANBABY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL URBANBABY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF THE SITE ARE HEREBY EXCLUDED EVEN IF URBANBABY ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold expectingfitness.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
No Partnership, etc. You agree that no joint venture, partnership, employment or agency relationship exists between you and expectingfitness.com (or any of expectingfitness.com Other Parties) as a result of this agreement or use of this Website.
Certain Legal Requirements. expectingfitness.com™ performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them is in derogation of expectingfitness.com's right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by expectingfitness.com with respect to such use.
Agreement. 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. You will use the Website only in strict accordance with these terms.
Certain Rights & Obligations; Modification. expectingfitness.com shall have the right to terminate users ability to access this service at any time without notice and to discontinue or modify any of the information contained on this service, or the service, at any time. expectingfitness.com shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without expectingfitness.com prior written consent. The user shall pay any taxes on the information or transactions, except for those based on expectingfitness.com's annual net income. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
Enforcement, Interpretation, etc. These terms shall be governed by internal New York and relevant federal laws, and exclusive jurisdiction and venue for any action shall be had in the state and federal courts located in New York County, New York, U.S.A. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court. Given the nature of these terms, you understand and agree that, in addition to money damages, expectingfitness.com will be entitled to equitable relief upon a breach of them by you.
We control and operate this
site from our offices in the U.S.A. We do not represent that materials on the
Website are appropriate or available for use in other locations. Persons who
choose to access this site from other locations do so on their own, and are
responsible for compliance with local laws, if and to the extent local laws