Terms of Service

This Terms of Service (“Agreement”) constitutes a legally binding agreement between you (“you” or “User”) and Baby Brilliance, LLC (“we” “”us” or Baby Brilliance”) governing your use and access to Baby Brilliance software, services, content and products made available to you through the Baby Brilliance  Platform.  Baby Brilliance  and User may also individually be referred to as a “Party” and collectively as the “Parties.” 

By clicking the “I Agree to the Terms of Service” box or (i) accessing or using any part of the Platform or (ii) initiating any transaction on the Platform, you agree to be bound by these Terms of Service.  Baby Brilliance may from time to time issue updated versions of its software and services. You consent to such automatic updates and agree that these Terms of Service will apply to all such updates.

THIS AGREEMENT INCLUDES PROVISIONS FOR BINDING ARBITRATION ON AN INDIVIDUAL BASIS –WHICH INCLUDES A WAIVER OF A RIGHT TO A JURY TRIAL OR A RIGHT TO FILE A CLASS ACTION.  

1. Baby Brilliance Platform Services.  Baby Brilliance  offers Users the opportunity to purchase and/or access a variety of services, content and products as offered by Baby Brilliance from time to time through the Platform (collectively “Platform Services”).  

2. Changes to Platform Services. We may change, suspend, or discontinue the Platform and/or Platform Services, or any part of them, at any time without notice. We may amend this Agreement's terms at our sole discretion by posting the revised terms on the Platform. Your continued use of the Platform and/or Platform Services after the effective date of notice constitutes your acceptance of the terms.

3. Your Baby Brilliance Account.  To be eligible to register for an account and access the Platform and Platform Services, you must be at least 18 years of age and/or have legal capacity to enter into a binding contract in your country of residence, establish an online account and accept these Terms of Service.  Persons under the age of 18 may not register on the Platform or for any Platform Services under any circumstances. 

4. Account Security. You are responsible for maintaining the confidentiality and security of account login information and are responsible for any and all activities that occur under your account. You must immediately notify Baby Brilliance at info@babybrilliance.net. of any change in authorization, any unauthorized use of your account or username, or other account related security breach of which you are aware. Baby Brilliance shall not be liable for any loss or damage arising from your failure to keep your password or account secure.

5. Communications Consent.
   1. Email.  By entering your email when you create an account, you agree to receive emails directly from Baby Brilliance. You may unsubscribe from marketing communications at any time, however, Baby Brilliance  reserves the right to continue to send email communications to provide you with important information about your account, registered Platform Services, our Terms of Service and Privacy Policy, at any time as we deem necessary
   2. SMS Messages. By providing your mobile phone number and by opting into mobile phone-based notifications, you hereby consent to the receipt of notifications via short messages services (“SMS”), which may be subject to fees and costs charged by your cell phone provider.  You may opt out by unsubscribing in response to SMS, contacting info@babybrilliance.net or as available through the message preferences on your mobile phone’s notifications/settings tab.

6. Affiliate Marketing - Third Party Links and Content
   1. Sponsored Content.  Baby Brilliance may make third party content, services or links available on or through the Services ("Third Party Materials") as a convenience to our users.  Baby Brilliance is a participant in affiliate advertising programs designed to provide a means for us to earn fees by linking to third party sites or featuring sponsored content. 
   2. User Responsibility for Third Party Content. Baby Brilliance does not review the accuracy of any Third-Party Materials. Your access to such Third Party Materials is at your own risk.

7. PRODUCT INFORMATION
   1. Purchase Terms: When you click on a link to purchase third party goods or services, you are redirected to a third party vendor’s platform. Vendor is the seller of  such goods and services and Baby Brilliance IS NOT A PARTY TO ANY CONTRACT RESULTING FROM THE OFFER FOR SALE OR THE PURCHASE OF SUCH GOODS OR SERVICES. REFUNDS AND RETURNS OF THIRD PARTY GOODS AND SERVICES SHALL BE MADE IN ACCORDANCE WITH SUCH VENDOR’S REFUND AND CANCELLATION POLICY. 
   2. Product Descriptions & Availability: Descriptions of the products advertised are provided by the vendor.  Baby Brilliance is not responsible for claims associated with product descriptions. Quantities of goods and services may be limited and are subject to the vendor’s availability.  Products offered for sale are quoted in U.S. dollars. Prices are subject to change without notice.  
   3. Product Disclaimer: Baby Brilliance does not manufacture any of the goods or services offered by third party vendors. Baby Brilliance shall not be liable for loss or other damages that may result from your purchase of any goods and services from third party vendors. 
   4. ASSUMPTION OF THE RISK:  YOU ARE SOLELY RESPONSIBLE FOR (A) ENSURING THE PURCHASED GOOD AND SERVICES ARE APPROPRIATE AND SAFE GIVEN THEIR OWN PHYSICAL OR HEALTH-RELATED ISSUES OR RESTRICTIONS, (B) ASSESSING THE SAFETY AND RISKS RELATING TO THE LOCATION OF ANY PERSONAL SERVICES PROVIDED BY VENDOR TO CUSTOMERS, AND (C) VERIFYING THE EXPERIENCE, CREDENTIALS, PERMITS, CERTIFICATIONS OR OTHER REGULATORY COMPLAINCE REQUIRED OF VENDOR PRIOR TO PURCHASING AND RECEIVING THE GOODS AND SERVICES.

8. DISCLAIMERS
   1. NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE.   Baby Brilliance  and its staff are not licensed medical or mental health care providers. The Platform Services, Products, Platform, Content and other Services are not intended as a substitute for licensed professional advice.  
      1. NO MEDICAL OR MENTAL HEALTHCARE ADVICE. The Platform Services cannot replace, nor is it intended to represent, a health care patient-provider or other mental health patient-provider relationship. The Platform Services, Platform, Products, Content and  other Services made available to User should NOT be construed as offering such medical or mental health care advice. User is advised to consult with a licensed professional for diagnosis and treatment for specific health concerns or problems, including, but not limited to, medical diagnosis, psychotherapy, psychoanalysis, or other mental health care. User is solely responsible for performing their own due diligence consultation  before making any medical or other mental health care decisions.
      2. WARRANTY DISCLAIMER: NO GUARANTEE OF IMPACT, OUTCOME OR PERSONAL RESULTS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM SERVICES, PRODUCTS, PLATFORM, CONTENT OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED “AS IS”.   BABY BRILLIANCE DOES NOT REPRESENT OR WARRANT THAT THE  PLATFORM SERVICES, PLATFORM, PRODUCTS, CONTENT OR OTHER SERVICES WILL MEET YOUR PERSONAL OR GOALS, NEEDS OR REQUIREMENTS.  EXCEPT WHERE PROHIBITED BY LAW, BABY BRILLIANCE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE PLATFORM SERVICES, PLATFORM, PRODUCTS, CONTENT, AND/OR OTHER SERVICES.

9. Privacy. Information provided to Baby Brilliance through the websites, mobile applications and software services offered through the Platform Services  (collectively the “Platform”) shall be subject to the posted Privacy Policy in effect during User’s use of the Platform Services. 

10. Content Restrictions.  The term “Content” refers to any text, data, code, graphics, information, images, audio, visual or audiovisual combinations or other materials submitted, uploaded, imported, communicated or exchanged between User and Baby Brilliance  to facilitate the provision of the Platform Services under this Agreement.  User shall be responsible for all Content uploaded and otherwise exchanged through the Platform. 
    1. User Generated Content Guidelines. You may not submit or upload User Generated Content that is infringing, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.  You are solely responsible for the User Generated Content uploaded and posted to the Platform.  
    2. User Generated Content Requirements. For all User Generated Content that is uploaded, submitted and posted on the Platform by you, you represent and warrant as follows: 
       1. Proprietary Rights: You represent and warrant that you have all right, title, interest and authority necessary to grant the licenses herein and to upload, submit and post the User Generated Content, including the right to publish and distribute by electronic and digital means.
       2. Non-Infringing: You represent and warrant that the User Generated Content does not (i) violate, infringe or misappropriate on the rights associated with any third parties, including, but not limited to, privacy rights, copyright, trademark, trade secrets, patents or other intellectual property rights, or (ii) violate any statute, law, ordinance or regulation. 
    3. User Generated Content License: You retains all rights to any User Generated Content submitted to Baby Brilliance.  You grants to Baby Brilliance a perpetual, worldwide, non-exclusive, royalty-free right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense all User Generated Content in any form, in all media now known or hereinafter created, anywhere in the world, including, but not limited to publish, republish, repost, distribute, publicly display and/or excerpt User Generated Content on Baby Brilliance’s (1) websites and mobile applications, (2) social media and related marketing services and materials, and (3) newsletters, emails or related blogs, for any purpose whatsoever, commercial or otherwise.  You hereby irrevocably waive any claims based on moral rights, if any.
    4. User Generated Content Disclaimer: We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Platform and Services, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you.  We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by Users.

11. Feedback License.  Baby Brilliance  considers any suggestions, ideas, proposals testimonials or other material submitted by Users, whether solicited or unsolicited, (collectively, the "Feedback") to be non-confidential and non-proprietary.  Baby Brilliance  shall not be liable for the disclosure, use or exploitation of such Feedback. You hereby grant to Baby Brilliance  a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting. 

12. Intellectual Property – Reservation of Rights.
    1. Definition of Intellectual Property. For purposes of this Agreement, "Intellectual Property" means (i) trademarks (registered or unregistered), service marks, trade names and other indications of origin, the goodwill associated with the foregoing; (ii) inventions, formulas, know-how, processes, business methods, discoveries, ideas and improvements, whether patented or patentable; (iii) nonpublic information, trade secrets, know-how and Confidential Information; (iv) writings, illustrations, graphics, photographs, motion pictures, models and all audio, video or audiovisual combinations, and other works whether copyrighted or copyrightable; and (v) computer programs and software (including source code, object code and data), arising from or relating to the Baby Brilliance Platform, digital assets and any other content owned or licensed by Baby Brilliance.
    2. Copyright:  All Content made available through the Platform, as well as the Platform’s logos, design, text, graphics, software and other files, and the selection arrangement and organization thereof, are owned by Baby Brilliance and protected by U.S. and international copyright laws.   You may not use such materials without permission.    
    3. Trademarks: The Baby Brilliance logos, page headers, custom graphics, button icons and scripts are trademarks or trade dress of Baby Brilliance. 
    4. Reservation of Rights.  Except for the limited licenses granted herein, nothing in this Agreement grants to User any rights of ownership to Baby Brilliance ’s copyrights, patents, patent applications, trade secrets, trade names, trademark, service marks or other Intellectual Property.
    5. Use Limitations. The Platform Services and associated Intellectual Property are for User’s personal use only.  User shall not use the Platform Services-related principles, concepts, methodology, training techniques, and associated Intellectual Property for commercial purposes.  User shall not (a) distribute, redistribute, resell or sublicense Content and associated Intellectual Property, or (b)  develop, create, or otherwise cause to bring to market any competing program or service that leverages the Content and associated Intellectual Property for any purpose, commercial or otherwise.   

13. DMCA - Notice of Claimed Infringement.  If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to Baby Brilliance’s Designated Agent at 9393 N 90th Street, Suite 102 #118, Scottsdale, AZ 85258 info@babybrilliance.net 

14. Platform & Software – Prohibited Use.
    1. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Platform and/or documentation or data made available to User through the Platform Services and/or Platform.
    2. You shall not interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Platform. User shall not violate the security of the Platform or attempt to gain unauthorized access to the Platform, data, materials, information, computer systems or networks connected to any server associated with the Platform, through hacking, password timing or any other means.  User may neither take nor attempt any action that, in the sole discretion of Baby Brilliance, imposes or may impose an unreasonable or disproportionately large load or burden on the Platform and software services or the infrastructure related thereto.  User shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Platform and software services, any data or Content found on or accessed through the Platform and software services, without the prior express written consent of Baby Brilliance. User shall not intentionally or unintentionally utilize the Platform in any manner that violates any applicable law, rule or regulation. 

15. Termination. 
    1. By User. You can cease using the Platform Services at any time.  
    2. By Baby Brilliance.  Baby Brilliance reserves the right in its discretion to review, improve, change or discontinue, temporarily or permanently, the Platform Services and/or any features, information, materials or content on the Platform Services with or without providing notice to you, for any or no reason, including, but not limited to, if Baby Brilliance: (i) suspects a breach of these Terms of Service;  or (ii) Is unable to verify or authenticate account information;  or (iii) believes that you are acting inconsistently with the letter or spirit of Baby Brilliance's policies, have engaged in improper or fraudulent activity in connection with the Platform or that your actions may cause legal liability or financial loss to Baby Brilliance; or (iv) believes you are infringing the rights of third parties.
    3. Survival.  The following Sections survive termination of these Terms of Service: Feedback License, Content License, Individual Arbitration, Disclaimers, Indemnification, Limitation of Liability and Choice of Law.

16. Customer Support.   Baby Brilliance is available by email at info@babybrilliance.net to address any issues you may have regarding your use of the Platform Services.  Most concerns can be quickly resolved in this manner.  

17. Dispute Resolution.  
    1. Individual Binding Arbitration. Any claim or controversy with Baby Brilliance  arising out of or relating to the Platform Services, Program Tools, Intellectual Property, Platform, Products, Content and other services purchased by User from Baby Brilliance  (including formation, interpretation, performance and breach of the Agreement) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) shall be final and binding upon the parties, and any judgment on the award may be entered in any court having jurisdiction thereof.   The Federal Arbitration Act, 9 U.S.C. § 1 et. seq., shall govern the interpretation and enforcement of this Agreement.  
    2. Class Action & Jury Trial Waiver.  ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY.  THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS.  EACH PARTY IS EXPRESSLY WAIVING ITS RIGHTS TO A TRIAL BY A JUDGE OR JURY.  IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE. 
18. Notice. When initiating a request to arbitrate, User must also send a copy of the completed form to Baby Brilliance  at  9393 N 90th Street, Suite 102 #118, Scottsdale, AZ 85258 and info@babybrilliance.net. 
19. Indemnification. User shall indemnify, defend, and hold harmless Baby Brilliance  and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, affiliates, managers, licensors, business partners and each of their respective successors and assigns (the “Baby Brilliance  Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, reasonable attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Baby Brilliance Indemnified Parties arising out of or relating to User’s acts or omissions and/or breach of the terms of this Agreement. 

20. Limitation of Liability.   IN NO EVENT SHALL BABY BRILLIANCE’S, OR ITS  PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, AFFILIATES, MANAGERS, LICENSORS, BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, EXCEED THE GREATER OF $50.00 OR THE TOTAL AMOUNT OF FEES PAID BY USER UNDER THIS AGREEMENT FOR THE PLATFORM SERVICES GIVING RISE TO THE CLAIM. 

IN NO EVENT SHALL BABY BRILLIANCE  OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, AFFILIATES, MANAGERS, LICENSORS, BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE TO USER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF CONSORTIUM) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. User hereby acknowledges and agrees that the limited remedies and limitations on liability set forth in this Agreement are a fundamental part of the basis of Baby Brilliance ’s bargain hereunder, without which Baby Brilliance  would not enter into this Agreement or provide User with the Platform Services or allow participation in the applicable Platform Services and that the Platform Services fees reflects the allocation of risk agreed upon by the Parties. 

21. General Provisions.
    1. Choice of Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Arizona, without regard to or application of California’s conflict of law principles.  The parties consent to the jurisdiction of the State of California, and venue in the County of Maricopa, with regard to any controversy or claim arising out of or relating to this Agreement, or the breach thereof. 
    2. Force Majeure.  Baby Brilliance  shall not be liable or responsible to User for any delays in providing the Platform Services as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight, embargoes, terrorism, natural disaster, war or acts of God.  
    3. Relationship of Parties. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.
    4. Waiver.  No failure or delay by a Party exercising any right, power or privilege under this Agreement will operate as a waiver thereof.   
    5. Modification. No modification of this Agreement shall be effective unless it is either in writing and signed by an authorized representative of Baby Brilliance or posted by Baby Brilliance on the Platform.
    6. Severability. The validity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.
    7. Assignment.  User shall not assign any of the rights or obligations under this Agreement without the prior written consent of Baby Brilliance.    This Agreement is assignable by Baby Brilliance  at any time without User’s consent. 
    8. Successors and Assigns.  This Agreement is binding on and inures to the benefit of the Parties and their respective successors and permitted assigns.   
    9. Interpretation.  Headings are for reference purposes only and do not limit the scope or extent of such section.
    10. Notices. All notices, requests and other communications under this Agreement shall be in writing and shall be delivered in person (by courier or otherwise) or mailed by certified or registered U.S. mail, return receipt requested, to Baby Brilliance at 9393 N 90th Street, Suite 102 #118, Scottsdale, AZ 85258 and  info@babybrilliance.net and to User at the email address specified in User’s account. 

22. Entire Agreement. This Agreement and any hyperlinked documents contained herein, shall comprise the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, written or oral, between the Parties regarding the subject matter contained herein.  

23. Complaints - California Residents.  If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.