Terms and Conditions

Welcome to Tushbaby!

Please carefully read these Terms and Conditions (the “Agreement”). This Agreement has been prepared as a legally binding agreement between you (“you” or “your”) and Tushbaby, Inc. (“Tushbaby”) for the tushbaby.com website (the “Site”).

Your use of the Site, including any purchases or returns of Tushbaby products made through the Site, is conditioned on your consent to the terms contained in this Agreement. By accessing and using the Site, you agree to be bound by the terms and conditions of this Agreement. DO NOT ACCESS THE SITE IN ANY WAY IF YOU DO NOT AGREE TO THESE TERMS OF USE. Tushbaby reserves the right to update or modify these Terms at any time, upon notice to you in writing to the last address provided, by email, by posting on the Site or by any other reasonable means in our sole discretion. Tushbaby also reserves the right, at any time, to modify or update its Privacy Policy in the same manner. From time to time, Tushbaby may present you with additional terms and conditions for specific services, programs or products (“Additional Terms”). In the event those Additional Terms conflict with or are inconsistent with this Agreement, this Agreement will control.

THIS AGREEMENT CONTAINS AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER. PLEASE SEE SECTION III FOR DETAILS.

I. USE OF THE SITE

A. License To Access The Site

All written content prepared and posted by Tushbaby on the Site, and the Site design, layout, look, appearance, and graphics on the Site, as well as the trademarks, service marks, and logos contained on our Site (collectively, “Tushbaby Content”) are owned by or licensed to Tushbaby and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Tushbaby reserves all rights not expressly granted in, and to, the Site and the Tushbaby Content. No part of the Site and no Tushbaby Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use without Tushbaby’s prior express written consent. On the condition that you comply with all of your obligations under this Agreement, Tushbaby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Site. Any use of the Site in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site. Tushbaby reserves the right to withdraw or modify any content or products Tushbaby provides on the Site without notice.

B. Restrictions On Use Of Site

• You may not interfere with the presentation or delivery of the content on the Site or try to access the Site using any method other than the interface and the instructions provided by Tushbaby. As a condition of accessing the Site, you agree not to:
• Reproduce, copy, sell, resell or exploit any portion of the Site;
  Use Tushbaby’s name, trademarks, or other materials in connection with, or to transmit, any unsolicited communications or emails;
• Frame the Site, place pop-up windows over its pages or otherwise affect the display of its page;
• Use any high-volume, automated or electronic means to access the Site (including without limitation, robots, spiders, scripts or web-scraping tools);
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose;
• Introduce any viruses or other material which is malicious or technologically harmful; or
• Otherwise interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.

C. User Generated Content

Some features of the Site may allow you to upload content to the Site, such as through written comments, message boards, forums, or other means of uploading information. Any content you upload is referred to herein as “your content.” Your content may be shared publicly on the Site, and retained by Tushbaby for as long as required in relation to the purposes set out in the Privacy Policy, which can viewed here. Tushbaby may continue to disclose your content to third parties, as described in the Privacy Policy. You agree to use the Site in accordance with all applicable laws. You also agree that you will not post any of the following content (“Prohibited Content”) on the Site:

• Content that defames, harasses, or threatens others;
• Content that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities;
• Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, or trade secrets;
• Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties;
• Advertising, promotional materials, or any form of commercial solicitation;
• Content that impersonates or attempts to impersonate another user, person, or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing);
• Content that is knowingly false, defamatory, profane, vulgar, obscene, threatening, abusive, hateful, bigoted, racially offensive, pornographic, embarrassing, or that has any potential to cause any harm or damage to anyone as determined by Tushbaby in its sole discretion;
• Content that otherwise harms other users or visitors to the Sites; or
• Content that is otherwise unlawful or that violates any applicable local, state, national or international law.

Tushbaby reserves the right to remove Prohibited Content of which it becomes aware, though it is under no obligation to do so.

D. Rights and Disclaimers Related to User Generated Content

Your content is your sole responsibility. Under no circumstances will Tushbaby be liable in any way for your content or for any loss or damage of any kind incurred as a result of the use of any of your content. You can post your content to the Site only if (a) you created and own the rights to the content, or you have the owner’s express written permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights – including copyrights, trademarks, or privacy rights – or violate any applicable laws, this Agreement, or any other posted policies. Tushbaby has the right, but not the obligation, to remove your content for any reason.

You are responsible for your content and any consequences from posting your content. This includes, any personal information you include in your content. Tushbaby is not responsible for the consequences of sharing or posting any personal or other information on the Site.

Except as otherwise provided in this Agreement, you or the owner of any content that you post to the Site retain ownership of all rights, title, and interests in that content. However, by posting your content on the Site, you grant Tushbaby the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution. Tushbaby owns all rights, title, and interests in any compilation, collective work or other derivative work created by Tushbaby using or incorporating your content.

When you use a feature of the Site that allows users to share, readapt, modify, or combine user content with other content, you grant Tushbaby and other users of the Site an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.

E. Monitoring

You acknowledge that Tushbaby reserves the right to, and may from time to time, monitor any and all Information transmitted or received through the Site. Tushbaby, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which Tushbaby deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Site, authorized or unauthorized, constitutes consent to such monitoring.

F. Links to Other Websites

The Site may contain links to other websites, including other Tushbaby websites, but also to third-party websites that Tushbaby does not control. Tushbaby is not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and Tushbaby does not investigate, monitor, or check them for quality, accuracy, or completeness. Inclusion of any linked website on the Site does not imply or express an approval or endorsement of the linked website by Tushbaby or of any of the content, opinions, treatments, information, products, or services provided on these websites. This Agreement and the Privacy Policy do not apply to these other websites. Be sure to read the user agreements and privacy policies that govern your use of these other websites.

G. Your Privacy; Protection of Your Account Credentials

The Tushbaby Privacy Policy, which can be viewed here [insert link to privacy policy] describes how Tushbaby collects and uses personal information about you through the Site. You are responsible for protecting your account log-in credentials from unauthorized access and use. You should promptly notify Tushbaby by email of any known or suspected unauthorized use or uses of your account.

H. System Availability and Errors

You must provide the equipment necessary to access the Site at your own expense. Tushbaby does not guarantee that the Site will operate with your computer or other device. There may be times when the Site is unavailable due to maintenance or other issues. Tushbaby does not warrant or guarantee that the Site will be available. Tushbaby expressly reserves the right to correct any errors or omissions on the Site and to change information at any time without prior notice. Tushbaby does not make any warranties concerning errors, omissions, delays, or defects in the Site or any information supplied to you via the Site, or that files available through the Site are free of viruses or other potentially damaging content.

I. Inaccuracy Disclaimer

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Tushbaby, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

J. Browsing Session Information

Tushbaby uses technologies that maintain records of your browsing session, chats, and other activities on our Site. These technologies may include session replay that maintains a record of your interactions with our Site, chat providers that maintain a transcript of your chats, cookies, pixels, and other tracking technologies that share some of your interactions with our Site, as well as other technologies that collect and share your interactions with our Site. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes and in accordance with our Privacy Policy.

K. Accessibility
We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please call our Customer Service team toll-free at 1.800.993.4923 and we will be happy to assist you.

II. PURCHASES & RETURNS

A. Product Pricing Information

The prices displayed on the Site may differ from prices that are available in stores or in catalogs, and Tushbaby pricing may differ from store to store. If you are in the U.S. or Canada, Site prices will be displayed in U.S. Dollars. Elsewhere, Site prices will generally be displayed in the local currency. The prices displayed in printed catalogs are quoted in U.S. Dollars and are valid and effective only in the U.S.

B. Special Offers

Occasionally Tushbaby will offer special promotions to its customers. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only. Offers cannot be applied to orders placed before or after the designated promotional period.

C. Currency

You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

D. Shipping

Tushbaby’s shipping and processing charges are intended to compensate Tushbaby for the cost of processing your order, handling and packing the products you purchase and delivering them to you. If you received your order as a gift, you are required to provide the order information in order to process any returns, exchanges, or store credits.

E. Chargebacks, Fraud Prevention and Void Transactions

For your protection, Tushbaby may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void.

F. Returns

Tushbaby allows for returns or refunds on orders in accordance with its return policy, as stated on the Site. In the event an order is marked as delivered by the carrier responsible for delivery, but You do not receive the order, Tushbaby may, in its discretion and depending on the specific circumstances, reship the order. In the event an order is reshipped, the reshipped order will not be returnable or refundable.

III. DISCLAIMERS, LIMITATIONS, INDEMNIFICATION, ARBITRATION & MISCELLANEOUS PROVISIONS

A. Disclaimer of Warranties

THE CONTENT, CODE, ACCESS, AND OTHER FEATURES OF THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. TUSHBABY DOES NOT WARRANT THAT ANY FEATURES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

B. Liability Limitation

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT TUSHBABY WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE.

EXCEPT AS PROHIBITED BY LAW, TUSHBABY WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TUSHBABY, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR TUSHBABY’S ABILITY TO MAKE THE SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

C. Indemnification

You agree to indemnify, defend, and hold harmless Tushbaby and its affiliates, officers, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of your use or attempted use of the Site or any content contained therein, your violation of any law or rights of any third party, information or content that you post or otherwise make available on the Site (including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights), and any act or omission by you which is a breach of your obligations under this Agreement.

D. Termination Rights

You agree that Tushbaby, in its sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason, and that Tushbaby shall have no liability to you for any such action, except as set forth in any separate agreement You enter into with Tushbaby.

E. Arbitration; Class Action Waiver

ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE LICENSE GRANTED BY TUSHBABY TO YOU HEREUNDER OR THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION IN CONTRA COSTA COUNTY, CALIFORNIA, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY REGARDING ANY DISPUTE. YOU UNDERSTAND THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE THAT TUSHBABY MAY ENFORCE.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO A PUNITIVE OR EXEMPLARY DAMAGES AWARD. ANY ARBITRATION AWARD SHALL BE LIMITED TO ACTUAL DAMAGES AND ATTORNEYS’ FEES.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO ANY FORM OF CLASS ARBITRATION. YOUR DISPUTE SHALL BE RESOLVED INDIVIDUALLY AND SHALL NOT BE CONSOLIDATED WITH ANY OTHER CLAIM OF ANY OTHER PERSON OR ENTITY.

YOU AGREE AND ACKNOWLEDGE THAT YOU MUST INITIATE ANY DISPUTE BY FILING A PROPER DEMAND FOR ARBITRATION WITHIN ONE YEAR OF THE DATE OF YOUR USE OF THE SITE AND THAT YOU CAN BRING NO DISPUTE AFTER THAT TIME.

JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. JURISDICTION FOR ANY APPEAL OF AN ARBITRATION AWARD IS APPROPRIATE ONLY IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA.

YOU AGREE AND ACKNOWLEDGE THAT ANY DISPUTE, INCLUDING THE FACT AND OUTCOME OF ARBITRATION, IS CONFIDENTIAL. YOU ALSO AGREE AND ACKNOWLEDGE THAT ANY ARBITRATOR MUST AGREE TO THE SAME CONFIDENTIALITY.

YOU AGREE AND ACKNOWLEDGE THAT TUSHBABY WOULD NOT PERMIT USE OF ITS SITE ABSENT YOUR AGREEMENT TO ARBITRATE AND WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.

F. Miscellaneous

Tushbaby reserves the right to modify this Agreement at its sole discretion at any time. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Agreement. Any changes to this agreement may apply immediately upon posting. Although Tushbaby is not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of this Site will constitute your agreement to any new provisions within the revised Agreement.

If a court of law finds that any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

Tushbaby may assign this Agreement at any time without notice to you. You may not assign this Agreement.

This Agreement is governed by the laws of the State of California, without regard to choice of law principles.

Registrations, agreements, and terms presented by Tushbaby electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding the Site electronically from Tushbaby. The delivery of any communication from Tushbaby is effective when sent by Tushbaby, regardless of when you receive or read the communication. In addition, Tushbaby is not responsible for communications that do not reach you if you have not provided Tushbaby with your current contact information. If you decided not to receive notices from Tushbaby electronically, Tushbaby may terminate your access to the Site.

Contact Tushbaby

If you have any questions or need to contact Tushbaby for any reason relating to this Agreement, please contact Tushbaby at:

Tushbaby, Inc.
1990 N. California Blvd., 8th Floor
Walnut Creek, CA 94596
help@tushbaby.com