By accessing and using the baby gooroo® website, babygooroo.com, you are agreeing to be legally bound by these Terms of Use. By using the baby gooroo® website, you represent that you are 16 years or older and agree to abide by the following Terms of Use. If any of these terms are unacceptable to you, you may not access the baby gooroo® website until agreement has been reached between you and baby gooroo® as to the applicable terms of use. The terms “you” and “User” refer to anyone who accesses the baby gooroo® website.

As you browse through the baby gooroo® website you may access other websites that are subject to different terms of use. When you use those sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and the other terms of use, the other terms of use will govern with respect to use of such pages.

baby gooroo® may change these Terms of Use at any time without notice. Changes will be posted at babygooroo.com under “Terms of Use”. Your use of the website after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.

1. USE OF THE baby gooroo® WEBSITE

baby gooroo® hereby grants you a non-exclusive, non-transferable, limited license to access and use the website for the fees, if applicable, and under the terms set forth below.

The website and the content, including, but not limited to, text, data, reports, ratings and other opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”), displayed on the website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of baby gooroo®.

The Content is the property of baby gooroo® or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the website may be registered or unregistered marks of baby gooroo® or others. Nothing contained on this website should be construed as granting any license or right to use any of the Marks displayed on the website without the express written permission of baby gooroo® or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.

You may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of Content, for a non-commercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the website, the original source attribution, and the phrase “Used with permission from babygooroo.com, a website from Amy's Babies”. However, you may not post any Content from the website to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of baby gooroo®.

You may not use the website for any unlawful purpose. You shall honor all reasonable requests by baby gooroo® to protect baby gooroo® proprietary interests in the babygooroo.com website.

2. REGISTRATION

As part of the registration process, you must select a member name and password and provide baby gooroo® with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access.

3. LIMITATION ON baby gooroo® WARRANTIES AND LIABILITY

You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the website. If you are dissatisfied with the Content or the website or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the website. baby gooroo® will not pay you any damages in connection with your browsing or use of the website.

The website includes baby gooroo® ratings and other opinions that must be construed solely as statements of opinion and should not be construed as statements of fact. baby gooroo® rating are not “market ratings” nor are they recommendations to buy, sell or hold any security or obligation issued by any obligor. baby gooroo® relies on information provided by obligors, their accountants, counsel and other experts and does not perform an audit in connection with any rating. The use of the baby gooroo® website by User should not be construed as an endorsement of the accuracy of any of the data or conclusions, or as an attempt to independently assess or vouch for the financial condition of any company.

4. LINKS TO OTHER WEBSITES.

You may, through hypertext or other computer links, gain access to websites operated by persons other than baby gooroo®. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites’ owners. You agree that baby gooroo® is not responsible for the content or operation of such websites, and that baby gooroo® shall have no liability to you or any other person or entity for the use of third party websites. Except as described below, a hyperlink from this website to another website does not imply or mean that baby gooroo® endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from babygooroo.com website. baby gooroo® assumes no responsibility for the use of third party software on the babygooroo.com website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

5. TIMELINESS OF CONTENT

The Content displayed on the website, including, but not limited to, reports and other opinions, are current as of the date appearing on the report and are subject to change without notice. Unless indicated otherwise, ratings are updated periodically by baby gooroo® to reflect changes in the market and other criteria. baby gooroo® does not guarantee or warrant the accuracy, timeliness, or completeness of any ratings you receive using the website.

6. THE USER’S CONTENT

The User grants to baby gooroo® the non-exclusive right to use all material entered into the babygooroo.com website by the User (other than third-party material transmitted through private electronic mail) in any of baby gooroo® print or electronic publications.

Users entering material into the babygooroo.com website are responsible for the content of that material. Neither baby gooroo®, Amy's Babies nor other affiliated parties has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the babygooroo.com website. However, baby gooroo® retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that baby gooroo® deems to be illegal, offensive, or otherwise inappropriate.

You may not input or distribute any material through the baby gooroo® website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of baby gooroo®.

The User agrees to indemnify baby gooroo® and Amy's Babies from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that baby gooroo®, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User’s breach of this Agreement; or (ii) material entered into the babygooroo.com website with the use of the User’s screen name or password.

7. ADDITIONAL LEGAL TERMS

This Agreement will continue until terminated by either baby gooroo® or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate. baby gooroo® may discontinue or change the babygooroo.com website, or its availability to you, at any time.

This Agreement constitutes the entire agreement between the parties relating to the babygooroo.com website and supersedes any and all other agreements, oral or in writing, with respect to the baby gooroo® website. The failure of baby gooroo® to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America. All rights not expressly granted herein are reserved.

8. ANTI-HACKING PROVISION

You may not, nor may you allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify the website or any Content. You may not, nor may you allow others to, directly, or indirectly, collect or attempt to collect any information about others, including passwords, account or other information.