Terms and Conditions

By using this website or any BabyAsap service or product, you’re agreeing to abide by the Terms and Conditions shown below.

Terms and Conditions of Use

Welcome to BabyAsap.com. BabyAsap LLC, Vitality Wellness LLC, and/or its affiliates (“BabyAsap”) provide website features and other products and services to you when you visit or shop at the websites operated by BabyAsap or any future site operated by BabyAsap, collectively, the “sites”), use BabyAsap products or services, use BabyAsap applications for mobile, or use software or data provided by BabyAsap in connection with any of the foregoing (collectively, together with any use of the sites, “BabyAsap Services”). BabyAsap provides the BabyAsap Services subject to the following conditions. By using BabyAsap Services, you agree to these conditions. Please read them carefully.

PRIVACY
Please review our Privacy Policy, which is incorporated into these Conditions of Use and also governs your use of BabyAsap Services, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you use any BabyAsap Service, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the sites or through other BabyAsap Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We are not responsible for lost, late, unsent, or misdirected emails from us or any other entity.

COPYRIGHT
All content included in or made available through any BabyAsap Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of BabyAsap or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BabyAsap Service is the exclusive property of BabyAsap and protected by U.S. and international copyright laws.

TRADEMARKS
“BabyAsap”, “babyasap”, and the BabyAsap, BA, and B logos are trademarks or trade dress of BabyAsap. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BabyAsap Service are trademarks or trade dress of BabyAsap in the U.S. and other countries. BabyAsap’s trademarks and trade dress may not be used in connection with any product or service that is not BabyAsap’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BabyAsap. All other trademarks not owned by BabyAsap that appear in any BabyAsap Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BabyAsap.

LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, BabyAsap or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the BabyAsap Services. This license does not include any resale or commercial use of any BabyAsap Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BabyAsap Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BabyAsap or its licensors, suppliers, publishers, rightsholders, or other content providers. No BabyAsap Service, nor any part of any BabyAsap Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BabyAsap. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BabyAsap without express written consent. You may not use any meta tags or any other “hidden text” utilizing BabyAsap’s name or trademarks without the express written consent of BabyAsap. You may not misuse the BabyAsap Services. You may use the BabyAsap Services only as permitted by law. The licenses granted by BabyAsap terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT
If you use any BabyAsap Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BabyAsap does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the BabyAsap Services only with involvement of a parent or guardian. BabyAsap reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, LINKS, AND OTHER CONTENT
Visitors, customers, or editorial staff may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. BabyAsap reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant BabyAsap a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BabyAsap and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BabyAsap for all claims resulting from content you supply. BabyAsap has the right but not the obligation to monitor and edit or remove any activity or content. BabyAsap takes no responsibility and assumes no liability for any content posted by you or any third party.

Reviews, comments, testimonials, opinions and other content may be compensated, anonymized, pseudonymized, and/or edited for length, clarity, or editorial style. This website may contain affiliate links or programs, through which a share of sales may be shared. The views and opinions expressed may not necessarily reflect our official policies or positions. We are committed to complying with all FTC guidelines regarding advertising and endorsements.

SHIPPING AND RETURNS
Please review our Shipping Policy and Return Policy, which is incorporated into these Conditions of Use and also governs your use of BabyAsap Services, to understand our practices.

RISK OF LOSS
All items purchased from BabyAsap are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE
Some items may not be returnable or refundable. At our discretion, a refund may be issued without requiring a return. In this situation, BabyAsap does not take title to the refunded item. BabyAsap does not take title to returned items until the item arrives at our shipping center.

PRODUCT DESCRIPTIONS
BabyAsap attempts to be as accurate as possible. However, BabyAsap does not warrant that product descriptions or other content of any BabyAsap Service is accurate, complete, reliable, current, or error-free. If a product offered by BabyAsap itself is not as described, your sole remedy is a refund, whether partial or full, at the discretion of BabyAsap.

PRICING
Except where noted otherwise, the List Price displayed for products on any BabyAsap Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. With respect to items sold by BabyAsap, we cannot confirm the price of an item until you order. Despite our best efforts, items may occasionally be mispriced. If the correct price of an item sold by BabyAsap is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. All orders are subject to verification and approval. Orders may be cancelled or delayed due to issues with payment, shipping, et. al. To reserve the product for you, payments are charged at the time of purchase. In the event an item cannot be fulfilled, we will refund the full amount for that item.

COUPONS
Each promotion includes a coupon with a coupon code (also called “promo code” or “promotion code”) and only applies to specified item or items (“Qualifying Item(s)”). To Redeem the Coupon: Enter the coupon code for the coupon at checkout. Each coupon is only valid for a limited time or while Qualifying Item(s) last. Once you have redeemed a coupon, the date by which you must redeem a coupon (the “Expiry Date” or “Expiration Date”) may be displayed on the promotion. You will usually have until 11:59 PM ET on the Expiry Date to redeem the coupon. Quantities are limited and coupons may expire before the Expiry Date. BabyAsap reserves the right to modify, extend, or cancel any coupon at any time. Each coupon may only be used at www.BabyAsap.com for the purchase of Qualifying Items. Each coupon collected can only be used once unless otherwise provided in the Coupon Terms. If you receive any refund on any Qualifying Item(s) purchased with a coupon, the coupon discount or value will be subtracted from any refund received. Delivery charges may apply. Offers valid in each case while Qualifying Item(s) last. Coupons have no cash redemption value and are not transferable or assignable. Coupons must not be used in conjunction with any other promotional discounts.

OTHER BUSINESSES
BabyAsap may provide names of, recommendations or suggestions of, products of, and/or links to the sites of, other companies and/or businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. BabyAsap does not assume any responsibility or liability for the actions, inactions, products, services, and/or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. No endorsement, authorization, nor affiliation is implied.

IMPORTANT SAFETY INFORMATION
This product is not a contraceptive. This product does not protect against HIV or other infections. This product is not intended to diagnose, treat, cure, or prevent any diseases. Consult your physician before becoming or attempting to become pregnant, and before using this product. All statements from BabyAsap are informational or observational in nature and are never offered as medical advice, as making claims regarding the treatment or curing of diseases, nor as making claims regarding the likelihood or safety of conception. You must discuss with your physician and use careful diligence and their professional medical advice and supervision when deciding whether to conceive and deciding which methods are best for you, particularly if you have any pre-existing medical conditions. You are responsible for verifying that you and your partner are free from transmissible infection and/or communicable disease. NO STATEMENTS, IN ANY FORM, BY BABYASAP OR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES MAY BE CONSTRUED AS MEDICAL, LEGAL, OR PROFESSIONAL ADVICE. You are responsible for confirming with your physician that shipping with this product is an appropriate and safe method for you and your partner to attempt conception. These statements have not been evaluated by a qualified healthcare professional nor by the Food and Drug Administration.

Caution: These products may contain gentamicin (an aminoglycoside antibiotic), natural rubber latex, milk, and/or egg, which may cause allergic reactions. Consult your physician if you are allergic to any aminoglycoside antibiotics, e.g., tobramycin, amikacin, neomycin, plazomicin, or streptomycin. IF YOU HAVE A SENSITIVITY OR ALLERGY TO ANY INGREDIENT(S) IDENTIFIED, DO NOT USE THE PRODUCT. WHEN IN DOUBT PLEASE CONSULT YOUR PHYSICIAN.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BABYASAP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BABYASAP SERVICES ARE PROVIDED BY BABYASAP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BABYASAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BABYASAP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BABYASAP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BABYASAP SERVICES OR PRODUCTS IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BABYASAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BABYASAP DOES NOT WARRANT THAT THE BABYASAP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BABYASAP SERVICES, BABYASAP SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BABYASAP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BABYASAP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BABYASAP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BABYASAP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. ANY INFORMATION, SERVICES, OR PRODUCTS ARE PROVIDED AS-IS AND ANY LIABILITY IS DISCLAIMED, OR IN ANY EVENT SHALL BE CAPPED AT A REFUND OF ALL MONIES PAID. BY USING ANY BABYASAP PRODUCT OR SERVICE, YOU EXPRESSLY AGREE THAT BABYASAP, ITS AFFILIATES, SUBSIDIARIES, PARENTS, SHAREHOLDERS, ADMINISTRATORS, AGENTS, SUCCESSORS, PREDECESSORS AND ASSIGNEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM YOUR USE OF BABYASAP IN ANY WAY. YOU ARE RESPONSIBLE FOR OBTAINING CONFIRMATION OF THE LEGALITY OF YOUR CHOSEN CONCEPTION EFFORTS AND METHODS IN YOUR JURISDICTION. NONE OF THE PRODUCTS, SERVICES, OR INFORMATION SOLD, OFFERED, OR DISTRIBUTED BY BABYASAP ARE INTENDED FOR USE WITHOUT APPROPRIATE GUIDANCE AND SUPERVISION BY A LICENSED PROFESSIONAL HEALTHCARE PROVIDER WHO IS RESPONSIBLE TO ENSURE THEY ARE USED SAFELY. ANY USE OF TERMS SIMILAR TO “INSTRUCTIONS”, “DIRECTIONS”, ETC., ARE ONLY INFORMATIONAL, PROVIDED AS-IS, FOR DISCUSSION WITH YOUR HEALTHCARE PROVIDER, NOT MEDICAL ADVICE. THE USER ASSUMES ALL LIABILITY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES
Any dispute or claim relating in any way to your use of any BabyAsap Service will be adjudicated in the state or federal courts in Salt Lake County, Utah, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW
By using any BabyAsap Service, you agree that applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BabyAsap.

MODIFICATION AND SEVERABILITY
We reserve the right to make changes to the sites, policies, Service Terms, the Privacy Policy and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.