Before using the Service, please review the following Terms and Conditions, which define your rights, responsibilities and benefits as a Member of this Service.
By accepting the terms and conditions of this Agreement, you represent and warrant that you are at least 13 years of age or older, and you have legal authority to enter into this Agreement. You may only use the Services if you can form a binding contract with Babker and are not legally prohibited from using the Services.
Acceptance of Terms
babker.com ("BABKER", "we" or "us") provides certain services on or through our website, www.babker.com, and any associated mobile applications ("Site"). By using our Site, you agree to the following terms and conditions (the "Terms of Service"). These Terms of Service comprise the entire agreement between you and Babker and supersede all prior agreements between the parties regarding the subject matter contained herein. If you do not understand or agree with these Terms of Service, please do not use the Site and do not register to be a member of the Site. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at email@example.com. BY COMPLETING THE REGISTRATION PROCESS OR USING ANY OF PART OF THE BABKER SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Babker as long as you adhere to these Terms of Service.
Babker reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Site.
Use of Service; Membership; Registration
You must register with us to become a Member of the Service.
As part of the registration process, you will be asked to select a password and a valid and verifiable email address. You must provide us with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not: (1) intent to impersonate another person; (2) use the username or password of any person other than yourself without authorization; or (3) use a username that we, in our sole discretion, deem offensive.
We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
Some of the Services require payment of fees (the "Paid Services"). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of the Services.
Babker may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
If you have provided us with your credit card for payment, you hereby authorize us to charge your credit card for such amounts on a regular monthly or yearly basis beginning at the end of your free trial period and continuing until such time as your Babker account is terminated. If we are for any reason unable to effect automatic payment by credit card, we will attempt to notify you and your Babker account may be disabled until payment is received. We are required to collect and remit sales tax from our customers located in certain state and local jurisdictions, including those jurisdictions where software delivered as a service is taxable and where we maintain a physical presence. We determine your local taxing jurisdiction based on the billing address that you list in the "My Account" section of your Constant Contact account. You agree to be responsible for and to pay any sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this Agreement, use or possession of this website or the Products.
Purchases of Paid Services are final and non-refundable, except at Babker's sole discretion and in accordance with the rules governing each such Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of existing Paid Services. For example, if your Account is suspended, you forfeit your license to use services you have purchased.
Babker may change its prices for Paid Services at any time. To the extent applicable, Babker will provide you reasonable notice of any such pricing changes by posting the new prices on our website and/or through the applicable Paid Service and/or by sending you email notification. However you are responsible for reviewing the applicable fees from time to time and remaining aware of the fees charged by us. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect. Any disputes about any charges to you under this Agreement must be submitted to us in writing within 60 days of the date such charges are incurred. You agree to waive all disputes not brought within the 60 day period, and all such charges will be final and not subject to challenge.
Password Security and Obligations
You are responsible for any and all usage or activity that originates within or occurs using your account or your email or password. You may not distribute your password to others, including to allow others to access your babker.com account. Doing any of these things shall constitute a breach of this Agreement. You are responsible for maintaining the confidentiality of your password. Note that you will never be required to reveal your password to any representatives or agents of babker.com. You agree to notify us by email, of any known or suspected unauthorized use(s) of your account, username or password, or of any known or suspected breach of security involving your account, including the loss, theft or unauthorized disclosure of your username, password or other account information.
Limitations on Automated Use
You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Babker and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Babker (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Babker, or unless permitted by Babker's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without Babker's express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
You agree not to use the Service:
1. for any unlawful purposes; 2. to upload, Post, email or otherwise transmit or communicate any material that is or promotes conduct that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, defamatory, libelous, vulgar or illegal, that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, that "stalks", harasses or advocates harassment of another person, or that is otherwise objectionable, in each case as determined by us in our discretion; 3. to upload, Post, email or otherwise transmit or communicate any material that provides instructional information about illegal activities; this may include, but is not limited to, information about making or buying illegal weapons or providing or creating computer viruses; 4. to upload, Post, email or otherwise transmit or communicate any material that infringes any copyright, trademark, patent or other intellectual property right or moral right of any person, including Ancestry, or that constitutes an invasion of the privacy or publicity rights of another; 5. to upload, Post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate or that promotes an illegal or unauthorized copy of another person's copyrighted work; this may include, but is not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; 6. to harm minors in any way; this may include, but is not limited to, uploading, posting, emailing or otherwise transmitting or communicating any content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; 7. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content posted to, or otherwise communicated or transmitted through the Service; 8. to upload, Post, email or otherwise transmit any material which is likely to cause harm to our or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service that may cause any defect, error, malfunction or corruption to the Service; 9. for any activity that involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming"; 10. to promote information that you know or believe to be false or misleading; 11. for any commercial purpose; 12. to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or 13. to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the U.S. Government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
Even though all of the actions described above are strictly prohibited, it is possible that another user may violate these policies and that you may become exposed to material of the type described above. You waive your right to any damages, whether from us or from any third party, arising from or related to such exposure. You further agree that: 1. You are solely responsible for the Content that you submit, post, publish, display, transmit or communicate (collectively, "Post") on or using the Service. 2. You will not interfere with or disrupt, or attempt to interfere with or disrupt, the Service or any servers, networks or equipment connected to or employed in conjunction with the Service, or disobey any requirements, procedures, policies or regulations relating to this Service; 3. You will not provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; and 4. You will not use email or any other form of communication from us, through us, or otherwise affiliated with our service or our affiliates to create anything which we deem to be "spam".
All information, data, text, photographs, messages, or other materials that you and/or other users post, upload, link to and/or otherwise submit to the Site or through the Services or the Applications (collectively referred to as "User-Generated Content"), are the sole responsibility of the person from whom such User-Generated Content originated. You are entirely responsible for all of the User-Generated Content that you upload, post, email, transmit or otherwise make available via the Site, the Services or the Applications. We do not monitor or control User-Generated Content posted and we take no responsibility for such content.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User-Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User-Generated Content will be at your own risk.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User-Generated Content, such as User-Generated Content which violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights, property or safety, and that of our users and the public. We will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.
Termination and Deletion
On termination of your Account or upon your deletion of particular pieces of Subscriber Content from the Services, Babker shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) caching of, copies of, or references to the Subscriber Content may not be immediately removed; (b) such removed Subscriber Content may persist in backups (not available to others) for a reasonable period of time; and (c) such removed Subscriber Content may be available (and stored on our servers) through the accounts of other Subscribers.
Other than your own User-Generated Content, we own all right, title and interest, including all worldwide intellectual property rights in the Site, Content, Services, and Applications contained therein. The Site, Content, Services, and Applications are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, or otherwise use the Site, Content or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying any portion of, Babker or related products and services. Other than explicitly stated herein, you may not make any commercial use of the Site, Content and Services without Babker's prior written approval.
Special Provisions for International Communication
Babker provides global products and services and enables a global community for individuals/ Babker 's policies and procedures are based on United States law. (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not conduct any commercial activities using or through the Services.
We employ reasonable measures to try to ensure that the Service is available on a 24 hours a day, 7 days a week basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades for emergency repairs or due to the failure of telecommunications links or equipment or other circumstances that are beyond our control. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of Babker. From time to time, and without notice to you, Babker may add or delete certain features or function from the Service we provide. You agree that Babker shall not be liable to you for any modification, suspension or discontinuance of the Service.
Babker shall have no liability or responsibility with respect to any lost data or Messages, such as the deletion or failure to store messages, communications or other Messages transmitted by you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BABKER, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS (collectively “Babker Entities”) SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BABKER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BABKER ENTITIES FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT PAID US TO USE THE APPLICABLE SERVICE(S).
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Babker Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Babker Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Choice of Law; Jurisdiction
These Terms of Service will be governed by and construed in accordance with the laws of the State of Texas, USA, without giving effect to its conflict of law’s provisions or your actual state or country of residence. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution. Please direct any and all concerns of this nature to firstname.lastname@example.org and you will receive a response within 1 business day. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Austin, Texas, and you consent to the jurisdiction of such courts.
You acknowledge and agree that the Babker Site is not intended as a substitute for parental monitoring. You are responsible for any decisions regarding the care of your child and you should not make any child care decisions based solely on the information included on the Site. The Babker Site is provided solely as a convenience for scheduling purposes and should not be relied on as the sole means or method for monitoring a babysitter’s or child's activities.
Your access to and use of Babker is at your own risk. We will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of Babker.
BABKER IS PROVIDED "AS IS," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT BABKER WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH BABKER OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH BABKER. WE ASSUME NO RESPONISIBLITY FOR ANY: PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF BABKER; UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; ANY UNAUTHORIZED USE, DISPLAY, PERFORMANCE OR DISTRIBUTION OF YOUR USER-GENERATED CONTENT BY US (UNLESS DUE TO OUR INTENTIONAL FAILURE) OR BY A THIRD PARTY; YOUR INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM BABKER; AND/OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH BABKER BY ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH BABKER WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Waiver and Severability
The failure of Babker to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms of Service, please contact us at email@example.com
Babker, Isis Group LLC.
Attn: LEGAL - URGENT
815-A Brazos St #525
Austin, TX 78701