Introduction
Welcome to the Ingenuity® Baby website (the “Site”) provided by Ingenuity Baby (“Ingenuity,” “we,” “us” and/or “our”). These Terms of Use (“Terms”) govern your use of this Site.
Please read these Terms carefully before using this Site so that you understand your legal rights, obligations, and remedies. By accessing or using this Site, you agree to obey and accept these Terms. If you do not agree to these Terms, you may not access or use this Site.
We may modify these Terms at any time without notice. Your continued use of this Site after any changes to the Terms constitutes your acceptance of such changes. It is your responsibility to periodically check these Terms for updates. The most current version of these Terms will be posted on this page with the “Last Revised” date at the top. If you disagree with the Terms, your sole recourse is to stop accessing and using this Site.
Site Access
You must be at least 18 years old to access and use this Site. By accessing or using this Site, you represent and warrant that (a) you are at least 18 years old; (b) you have not previously been suspended or removed from this Site; and (c) your registration and your use of this Site is in compliance with all applicable laws and regulations.
This Site is intended for use only by residents of the United States. We do not make any representations that this Site is appropriate or available for use outside of the United States. If you access this Site from outside the United States, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws.
Limited License to Access and Use this Site
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use this Site in strict accordance with these Terms. Your use of this Site is solely for internal, personal, non-commercial purposes, unless otherwise allowed under these Terms. No printout or electronic version of any part of this Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Your Obligations and Responsibilities
As a condition of your access and use, you agree to:
- Not engage in any harmful, illegal, deceptive, infringing, defamatory, or obscene activity;
- Comply with all applicable laws, regulations, and ordinances while accessing and using this Site;
- Provide truthful, accurate, and complete registration information if registering an account;
- Keep your account password confidential and secure;
- Promptly notify us if you discover any unauthorized use of your account;
- Use this Site in a professional and ethical manner.
You are solely responsible for your conduct while accessing and using this Site and for any consequences thereof. We are not liable for any damage or harm resulting from your failure to comply with any of the above obligations or any other terms of these Terms.
Privacy Policy
Please read the Privacy Policy carefully to understand how we collect, use, and disclose information from you. By accessing or using this Site, you agree to the terms of the Privacy Policy.
Intellectual Property Rights
All materials displayed or performed on this Site, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively “Content”) (other than User Content as defined below) are owned by us and/or our licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We and our licensors retain all rights in and to the Site and the Content. You are permitted to use the Site and Content only as expressly authorized by us. You may not copy, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content, except as follows:
- Your computer or device may temporarily store or cache copies of the Content to assist in browsing;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop or mobile applications to download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreement for such applications.
If we provide social media features on this Site, you may link to Content on this Site on your own social media accounts, but you may not otherwise copy, reproduce, or distribute any Content from this Site.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of this site or any services or materials available through this site.
Except for your own User Content, you may not upload or republish Content on this site, or use the materials in any other way that infringes upon our rights or the rights of any third party.
The trademarks, logos, and service marks displayed on this Site (collectively the “Trademarks”) are the registered and unregistered Trademarks of Ingenuity Baby, our licensors, and other third parties. You may not use, copy, modify or display any of the Trademarks, or any version thereof, without our express prior written permission. Nothing on this Site should be construed as granting, by implication or otherwise, any right or license to use any Trademarks.
User Content
If you submit, post or otherwise transmit content to us via this Site (“User Content”), you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with this Site.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about this Site (“Submissions”), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Accuracy of Information
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While we try to periodically update information, the information on the Site may be out of date. If you see an error on the Site, please let us know and we will try to verify and correct it. We make no commitment to update materials on this Site.
Online Purchases
If you wish to purchase any product or service made available through this Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, phone number, email address, postal address, credit card information, and geographic location.
Any Purchases through this Site are subject to additional terms and conditions, which you will be required to read and accept prior to the conclusion of any Purchase. By making a Purchase, you signify your assent to these Terms as well as any additional applicable terms and conditions.
You agree to pay all fees and charges incurred through your account at the prices displayed at the time of Purchase, plus any applicable taxes. We reserve the right, with prior notice posted on this Site, to change pricing for Purchases at any time.
Products and services may be limited in quantities or subject to other limitations. We cannot guarantee that items will be in stock or immediately available when you purchase them. Delays may occur in product delivery for reasons beyond our control.
All Purchases are subject to product availability, restrictions, and stylistic consideration. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All Purchases are subject to credit approval and periodic review. We reserve the right to decline any order for any reason.
We may require additional verification or information before processing any Purchase. We will attempt to contact you if additional information is required to accept and process your order.
Your order is an offer to buy which we may accept or decline. If we decline your offer for any reason or if we are unable to fulfill your order for any reason, we will attempt to notify you using the email address you provided with the order.
No Warranties
This site is provided on an ‘as is’ and ‘as available’ basis without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to this site.
We make no representations or warranties that this site will be available on a continuous, uninterrupted or secure basis. We may suspend, restrict or terminate all or a portion of this site for any reason, at any time and without notice or liability.
Any product purchased or obtained through this site is provided ‘as is’ without any express or implied warranties including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Ingenuity Baby, its licensors, subsidiaries or any of their respective directors, officers, agents, contractors, partners and employees, be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the access to, use of or inability to use this site, reliance upon information appearing on or obtained through this site, any linked site, or the products obtained through this site or any linked site, or the delay or inability to use this site, whether based on contract, tort, strict liability or otherwise, even if ingenuity baby has been advised of the possibility of such damages.
Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless Ingenuity Baby and our licensors, subsidiaries, affiliates, successors, transferees, assignees, and licensees, and their respective directors, officers, agents, contractors, partners and employees, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from or related to:
- Your use of and access to this Site;
- Your violation of any term of these Terms, including without limitation your breach of any obligations, representations or warranties;
- Your violation of any applicable law, rule or regulation; or
- Any claim by a third party that your User Content caused damage to that third party.
This defense and indemnification obligation will survive termination of these Terms. You agree that we shall have the sole right and obligation to control the legal defense against any claims subject to indemnification by you, including selection of counsel.
Ability to Accept Terms of Use
You affirm that you are at least 18 years of age and are fully able and competent to enter into, and comply with, these Terms. You are legally and financially responsible for all uses of this Site by you and those using your account.
Assignment
These Terms, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notification.
General Provisions
We reserve the right to seek all available legal remedies for violations of these Terms. This may include removing your User Content or Submissions from the Site, suspending or terminating your access to the Site, and reporting you to law enforcement authorities.
Our failure to act on or enforce any provision of these Terms shall not operate as a waiver of that or any other provision. No waiver by us shall have legal force or effect.
Should any part of these Terms be held invalid or unenforceable, that portion will be interpreted to accomplish the objectives of the original provision to the greatest extent possible, and the remaining provisions will remain in full force and effect.
These Terms (including the Privacy Policy) constitute the entire agreement between you and Ingenuity Baby relating to this Site and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Ingenuity Baby.
Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”.
Any cause of action under these Terms must be brought within one (1) year after the cause of action arises. Claims made after one (1) year are void.
These Terms are governed solely by the internal laws of the State of Florida within the United States of America, without regard to its conflicts of law provisions. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in Florida state and federal courts.
Contact Us
If you have any questions about these Terms of Use, please contact us:
- By email: [email protected]
- By phone number: 1-800-230-8190
- By mail:
Ingenuity Baby
11200 Metro Parkway
Fort Myers, FL 33966
United States
