BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH HEREIN, YOU MAY NOT, AND SHOULD NOT, USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WRISTBABE RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
1. Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Wristbabe. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Wristbabe. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
All WristBabe Customers and Subscribers Members agree not to use the Site for any of the following purposes: Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity; Posting any information which is untrue, inaccurate or not your own; Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation; Attempting to interfere in any way with the Site’s or WristBabe’s network security; or attempting to use the Site’s service to gain unauthorized access to any other computer system.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
2. Registration and Passwords
3. Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies.
5. The Subscription Contracts/Agreements Between You And WristBabe
By purchasing a Monthly (“month to month”) subscription, you acknowledge that your subscription has a monthly recurring payment feature and you accept responsibility for all recurring charges prior to Cancellation. This means that your subscription will be automatically extended for successive monthly periods at the then-current subscription rate.
CANCELLATION POLICY: Monthly subscribers can cancel their subscription at any time, and will only be billed for the current month’s order. There are no cancellation fees or penalties. To cancel your subscription, simply email email@example.com or select the appropriate option from within your account. Your cancellation request must be received before 12 AM Eastern Standard Time SEVEN (“7”) DAYS PRIOR to the next re-billing date, otherwise you will continue to be billed for the next planned delivery. If you do cancel, you will not receive any additional deliveries from WristBabe after the current subscription period.
If an error occurs, whereby you do receive a delivery after your cancellation submission which has not been paid for, regardless of where the error initiated, you agree to (1) notify WristBabe of the error, at which time WristBabe will advise you how to return the contents of the delivery to WristBabe; or (2) keep the delivery contents and pay the then current cost of the monthly box.
WristBabe may submit periodic charges (e.g. monthly) to your credit card company without further authorization from you, until you provide prior notice in accordance with the Cancellation policy that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before WristBabe reasonably could act.
“Multiple month” subscriptions (3 months and any term yet to be made available) can also be cancelled respectfully. However, no partial refunds will be issued for pending shipments and you will receive any outstanding boxes for the remaining duration initially paid for prior to cancellation.
Unless you notify us otherwise, subscription fees and all other fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the applicable service. If you do not notify us of changes to your billing details, WristBabe will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval. If any subscription fees or other charges billed to your credit card are not processed for any reason, WristBabe shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. In addition to being responsible for the unpaid subscription fees, you agree to pay all costs (including legal and/or other collection fees) incurred by WristBabe in collecting any unpaid subscription fees or other charges from you.
6. Product Information; Limitation on Quantities
Excluding any content which may be submitted by subscribers from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Subscribers and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available, unless otherwise indicated.
7. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of WristBabe or our liscensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. WristBabe and the WristBabe logo are registered trademarks. All other trademarks are the property of their respective owners. All of our Site's content is Copyright 2018 WristBabe. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by WristBabe.
8. Submitted Content
By submitting or posting any materials or content on the Site, you grant WristBabe a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sub-lisence such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant WristBabe the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. WristBabe will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. WristBabe also reserves the right to edit or remove any material submitted to this website, or stored on it’s servers, or hosted or published upon this website.
This website is provided “as is” without any representations or warranties, express or implied. WristBabe makes no representations or warranties in relation to this website or the information and materials provided on this website. WristBabe does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to matter you should consult an appropriate professional.
You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WristBabe DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WristBabe makes no warranties of any kind regarding any non-WristBabe sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and WristBabe makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-WristBabe sites. WristBabe does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
11. Limitation of Liability
IN NO EVENT SHALL WristBabe, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WristBabe HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF WristBabe, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO WristBabe IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
12. International Use
We control and operate the Site from United States. We make no representation that materials on the Site are appropriate or available for use outside of US. If you choose to access this Site from outside US, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Risk of Loss. Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
14. Copyright Infringement; Notice and Take Down Procedures
WristBabe specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. WristBabe will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
3000 Custer Rd Ste 270 #458
Plano, TX 75075
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact us.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
16. Waiver; Remedies
The failure of WristBabe to partially or fully exercise any rights or the waiver of WristBabe of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by WristBabe or be deemed a waiver by WristBabe of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of WristBabe under these Terms and any other applicable agreement between you and WristBabe shall be cumulative, and the exercise of any such right or remedy shall not limit WristBabe’s right to exercise any other right or remedy.
17. Governing Law
The laws of the province of Ontario shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE CIVIL AND/OR SUPREME COURT LOCATED IN Dallas, Texas. FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.
1. INFORMATION COLLECTION AND USE
Information You Provide to Us:
Information Collected Automatically:
Whenever you interact with our Website, we automatically receive and record information on our server logs from your browser including your IP address, “cookie” information, and the page you requested. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages in our Website are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of cookies, but this may prevent you from taking advantage of some of our Website’s features.
We also collect and use information about your interactions with the Service in a manner and format that does not identify you as an individual (“Non-Personally Identifiable Information”). We may collect, use, and disclose Non-Personally Identifiable Information as set forth below.
We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, your browser’s width and height, and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
2. SHARING OF YOUR INFORMATION
Personally Identifiable Information: We will not rent or sell your Personally Identifiable Information to third parties outside WristBabe and its controlled subsidiaries and affiliates without your consent, except as noted below:
Any Personally Identifiable Information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings.
We may at any time buy or sell/divest the company, or any combination of its products, services, assets and/or businesses. Personally Identifiable Information such as customer names and email addresses, and other user information related to the Service will likely be one of the items transferred in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings.
WristBabe will disclose Personally Identifiable Information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of service, take precautions against liability, to investigate and defend ourselves against any claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and/or (c) to exercise or protect the rights, property, or personal safety of WristBabe, our Users or others.
Non-Personally Identifiable Information: We may share Non-Personally Identifiable Information, including information obtained through tools such as cookies, log files and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with our third-party business partners for the purposes described in the section above on “Information Collection and Use.”
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us..
3. HOW WE PROTECT YOUR INFORMATION
Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We follow reasonable data security practices to protect the confidentiality and security of your account and the Personal Information you provide to us. To protect your credit card number we use industry-standard Secure Socket Layer (SSL) software to protect the security of your credit card information during transmission through encryption. We believe the measures we have implemented reduce the likelihood of a security breach to a level appropriate to the type of data involved. However, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
4. YOUR CHOICES ABOUT YOUR INFORMATION
Opting Out of Collection of Personally Identifiable Information: You can always opt not to disclose information to use, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.
Modifying Your Account Information and Settings: You may be able to add, update, or delete information as explained in Section 10 above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by contacting us at firstname.lastname@example.org. Please note that some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
Opting Out of Collection of Non-Personally Identifiable Information: The only way to completely “opt out” of the collection of any information through cookies is to actively manage the settings on your browser. Please refer to your browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Note that disabling cookies on your browser prevents you from receiving the features available through the Service.
User-Generated Content: Following termination or deactivation of your customer account, WristBabe may retain your profile information and User Content for a commercially reasonable time for backup, archival, or audit purposes. Furthermore, WristBabe may retain and continue to use indefinitely all information (including User Content) contained in your communications to other Users or posted to public or semi-public areas of the Service after termination or deactivation of your customer account.
5. LINKS TO OTHER WEB SITES AND SERVICES
7. Questions or Concerns
Effective Date: July 16, 2019.