top of page

TERMS AND CONDITIONS

You must read and agree to these Terms and Conditions for the accessing and utilization of the Materials provided at www.thebabyfitproviders.com carefully and in their entirety before purchasing and/or using the Materials. The Materials and their content are owned by BabyFIT Providers LLC, which will govern the use of the site.

 

By purchasing and and/or using the Materials and using the Site, you implicitly agree and are bound to our Terms and Conditions, Disclaimer, and Privacy Policy and that you are at least 18 years old.

 

  1. Ownership and Copyright:

    1. The Materials provided by BabyFIT Providers (including copyright, patents, trademarks, and all other intellectual property rights) are original works protected under copyright law. These materials are the sole and exclusive intellectual property of BabyFIT Providers and are not just protected under copyright law but by copyright, trademark, and other intellectual property rights and laws to the fullest extent possible.

    2. BabyFIT Providers reserve all rights in and to the Materials, including but not limited to the exclusive rights to reproduce, distribute, display, and create derivative works. Any rights not explicitly granted to users in these terms are reserved by BabyFIT Providers.

  2. Permitted Use:

    1. The Materials are intended solely for personal, non-commercial use.

    2. Users are granted a limited revocable license to Materials.

  3. Prohibited Use:

    1. You may not reproduce, distribute, modify, transmit, publish, or publicly display the Materials without prior written consent from BabyFIT Providers.

    2. b. Commercial use, including but not limited to selling, renting, or licensing the Materials, is strictly prohibited without explicit written permission from BabyFIT Providers.

    3. You may not remove or alter any copyright notices or proprietary legends contained within the Materials.

    4. Reverse-engineering, decompiling, or disassembling the Materials is strictly prohibited.

  4. No Guarantees:

    1. While BabyFIT Providers strives to provide accurate and helpful information, we do not guarantee the accuracy, completeness, or timeliness of the Materials.

    2. The information in the Materials is provided as is and is for general informational purposes only and should not be construed as medical advice. Always consult with a qualified healthcare professional for personalized advice regarding your child’s development

    3. BabyFIT Providers are not liable for direct, indirect, incidental, consequential, or punitive damages resulting from the use of the Materials.

  5. Privacy and Data Protection

    1. See Privacy Policy on website

  6. Termination

    1. BabyFIT Providers reserve the right to terminate or suspend access to the Materials at any time without prior notice.

    2. Upon termination, you must immediately cease all use of the Materials and destroy any copies in your possession.

  7. Governing Law and Dispute Resolution

    1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law.

    2. Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms and Conditions, including any question regarding its existence, validity, interpretation, breach, or termination, shall be exclusively resolved through binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in [Denver, Colorado,] and shall be conducted in the English language.

    3. Notwithstanding the foregoing, BabyFIT Providers retain the right to seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or limit the use of the Materials in violation of these Terms and Conditions or to protect the intellectual property rights of BabyFIT Providers.

    4. The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other proceeding; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

  8. Terms and Conditions Modifications:

    1. BabyFIT Providers reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice.

    2. Any changes to these Terms and Conditions will be effective immediately upon posting on our website. By continuing to use our milestone coaching services after such modifications, you acknowledge and agree to be bound by the updated Terms and Conditions.

  9. This is Not Medical Advice

    1. By purchasing and and/or using the Materials and using the site, you implicitly agree and understand BabyFIT Providers are not your medical providers and are not providing medical advice and no patient-therapist relationship exists. The Site and Materials are informational only and are not to be used as a substitute for therapy in your area. We are not responsible for any mistakes or exclusions and BabyFIT Providers are not liable for any damages or losses which occur from use of the Materials or Site.

  10. Liability

    1. Babyfit Providers shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Materials.

    2. By accessing and using the Materials, you agree to indemnify, defend, and hold harmless Babyfit Providers from any claims, damages, losses, liabilities, costs, or expenses arising from your use of the materials.

  11. Payment Terms:

  1. Subscription Fees: By subscribing to our Site, you agree to pay the recurring monthly subscription fee as specified in the pricing plan selected by you. The subscription fee is exclusive of any taxes, levies, or duties imposed by taxing authorities, and you are responsible for the payment of such taxes. We reserve the right to change the subscription fees at any time. Any changes in fees will be communicated to you at least 1 month before they become effective.

  2. Payment Method: Payment for the subscription will be made using the payment method provided by you during the subscription process. You agree to keep your payment information accurate, current, and complete, and to promptly update any changes to your payment information.

  3. Billing Cycle: The subscription fee will be billed on a monthly basis, starting from the date of your subscription activation, and will continue until cancellation or termination in accordance with these terms. Billing will occur automatically on the same day each month unless stated otherwise.

  4. Failure of Payment: In the event of a failed payment due to insufficient funds, expired payment method, or any other reason, we will attempt to notify you to update your payment information. Failure to rectify the payment issue within a reasonable timeframe may result in suspension or termination of your subscription.

  5. Cancellations and Refunds: You may cancel your subscription at any time through your account settings in which you will continue to have access to the Materials until the next billing cycle. Subscription fees are non-refundable, and cancellation will be effective immediately upon the end of the current billing cycle. No refunds or credits will be provided for partial months of service, or for unused portions of your subscription term.

  6. Sales tax: All purchases made through our Site may be subject to sales tax based on applicable laws and regulations of the jurisdiction to which the purchase is being made. The amount of sales tax applied to your purchase will be determined by your shipping address or billing address provided during the checkout process. It is the responsibility of the purchaser to ensure the accuracy of their address information provided during the checkout process. BabyFIT Providers will not be held liable for any inaccuracies in the provided address information. All prices displayed on our website for the Services do not include sales tax unless explicitly stated otherwise. Sales tax will be added to the total purchase price during the checkout process. BabyFIT Providers  reserves the right to adjust the amount of sales tax applied to purchases made through our Services at any time without prior notice, in accordance with changes in tax laws and regulations. In the event of any changes to the sales tax rate or application, BabyFIT Providers will make reasonable efforts to inform customers of such changes through our website or other appropriate channels.

  7. Late Payments: Late payments or failure to make payments may result in the suspension or termination of your subscription.

  8. Disputes: If you believe there is a discrepancy or error in the billing, you must notify us within 30 days of the occurrence to investigate and resolve the issue.

  9. Collection Costs: In the event of non-payment, you agree to reimburse us for any costs or expenses incurred in collecting overdue amounts, including but not limited to collection agency fees and legal costs.

  10. Contact: If you have any questions regarding the Terms and Conditions please contact us:

    1. Email: rachandsyd@thebabyfitproviders.com

 

By accessing and using the Materials and the Site provided by BabyFIT Providers, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree with any provision of these Terms and Conditions, you are not authorized to access or use the Materials.

 

Updated Jun 13, 2024

bottom of page