It is your responsibility to follow safe sleep and care guidelines recommended by your healthcare practitioners and by government guidelines. Our belly bands are not meant to be used as or replace any medical devices. Consult your doctor to see if this product is suitable for your child.
Do not use with restraints such as car seats, strollers, swings etc.
Disclaimer Of Warranties And Limitation Of Liability
Whimzy baby inc. services and all information, content, materials, products, goods, and other services included on, purchased through or otherwise made available to you through whimzybaby.comare provided by Whimzy baby on an "as is" and "as available" basis, unless otherwise specified in writing. Whimzy baby makes no representations or warranties of any kind, express or implied, as to the operation of Whimzy baby services, or the information, content, materials, products, goods or other services included on or otherwise made available to you through whimzybaby.com. You expressly agree that your use of Whimzy baby goods and or services is at your sole risk. To the full extent permissible by law, Whimzy baby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Whimzy baby does not warrant that Whimzy baby services, information, content, materials, products (including software) or other services included on or otherwise made available to you through whimzybaby.com, or any electronic communications sent from whimzybaby.com are free of viruses or other harmful components.
To the full extent permissible by law, Whimzy baby will not be liable for any damages of any kind arising from the use of any Whimzy baby goods or service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through our services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
PLEASE READ THE ENTIRE AGREEMENT.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WHIMZY BABY INC.
BY SUBMITTING THIS ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This website is operated by Whimzy Baby, a division of Whimzy Baby Inc. (“we,” “us,” “our,” “Company,”or “Whimzy Baby”). The following Conditions of Use (together with any documents referred to in them) apply to your use of our website at www.whimzybaby.com (the “Site”), and any information we may access through social media platforms such as Facebook (collectively, our “System”).
We may at any time revise these Conditions of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Conditions of Use to which you are bound.
Permission is granted to display and navigate around this website with a computer using HTML browser software, solely for personal, non-commercial use. Any commercial or public use of this website or any portion hereof is strictly prohibited.
All materials included as part of the System, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this site), is our property or the property and is protected by copyright and other laws that protect intellectual property and proprietary rights. Such materials may be used as a resource for purchasing the products offered through the System. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of Whimzy Baby is strictly prohibited. In the event of any permitted use of such materials, including, without limitation, any copying, reproduction, distribution, republication, downloading, or display thereof, you will make no changes in or deletion of author attribution, trademark legend, or copyright notice. No right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
All trademarks, service marks, trade names, logos, and icons used on the System are proprietary to Whimzy Baby. Nothing contained on the System should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on this website without the written permission of Whimzy Baby. Your use of the trademarks or service marks displayed on the System, or any other content on the System, except as provided herein, is strictly prohibited.
We prohibit the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. In particular, if you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the System;
iii. Identification of the material on the System that is claimed to be infringing or 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 us to locate the material;
iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
v. A statement that you have 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
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The System is controlled and operated by Whimzy Baby from its offices within the Province of Ontario, Canada. Although the System is accessible worldwide, not all products or services discussed or referenced herein are available to all persons or in all geographic locations. Whimzy Baby makes no representation that materials on the System are appropriate or available for use in other locations. Those who choose to access the System from other locations do so on their own initiative and are responsible for compliance with local laws.
LINKS TO OTHER WEBSITES AND CONNECTING THROUGH SOCIAL MEDIA
The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
Visiting the Site, using the System or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your preferences.
Any communications or material you transmit to the System by electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as nonconfidential and nonproprietary and will become the property of Whimzy Baby or its affiliates. Such communications or material shall be used for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Whimzy Baby is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the System for any purpose whatsoever including, but not limited to, developing and marketing products using such information.
INDEMNITY AND RELEASE
By using the System you are hereby agreeing to release Whimzy Baby and its affiliates, officers, directors and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the products and services, including those arising from your use of or inability to use the System or your violation of these Conditions of Use.
Under no circumstances shall Whimzy Baby be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or loss or fluctuations in heat, light or air conditioning.
CHOICE OF LAW AND FORUM
These terms and conditions of use shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms and conditions of use of the System shall be filed only in the province or federal courts located in the Province of Ontario, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Whimzy Baby with respect to the System and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Whimzy Baby with respect to the System. If any part of these terms and conditions of use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.