Becoming A Member
Effective August 11, 2006
Section 1. General Terms - Content and Communications
(a) The Website is a venue with the sole purpose of offering parenting information. The Website and its information are not intended to be a substitute for medical or other professional advice. DFB's mission is to provide valuable information to users; however, there may be content provided or generated by third parties that is incorrect. The Website may contain inaccuracies or typographical errors. Content may have been obtained from third party sources such as merchants, newspapers, magazines, and other publications and information sources. DFB shall not be considered to be an advertising or other agency, merchant of goods or services, broker, dealer, advisor, advocate, sales representative, middleman or other intermediary.
The use, posting, distribution, or publication of any content OR INFORMATION does not constitute or imply an endorsement, recommendation, advice, opinion or comment by DFB nor an assurance of legality, quality or safety by DFB. We cannot guarantee, and assume no responsibility for verifying, the TRUTHFULNESS OR accuracy of the information provided by other users of the WEBSITE.
(b) Each user is solely responsible for the communications medium that such user uses in community interactions. DFB reserves the right to expel users and prevent their further access to the Website for violating this Agreement or the law.
(c) The Website is for use by adults only. By using the Website you represent that you are eighteen (18) years of age and older.
Section 2. Copyright and Other Restrictions On Use of the Website and Website Content
(a) Authorization of Use and General Prohibited Uses. DFB authorizes users to view and download a single copy of content on the Website solely for lawful, non-commercial and personal use by users as expressly permitted by and subject to the restrictions contained in this Agreement. The Website and its contents shall not be used by any person (i) in violation of this Agreement, (ii) in a manner that infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others, (iii) in a manner that is false, fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, a sexually-explicit or parody image or text, chain letters and pyramid schemes, or (iv) in a manner that violates applicable laws. Your right to use the Website will terminate immediately, without any further action by DFB, if you breach any of the terms of this Agreement.
(b) Deep Linking; Spiders. Except as specifically authorized by DFB, Users may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website or the Material.
(c) Copyright; Prohibition Against Copying. The contents of the Website, such as the compilation and arrangement of content including text, graphics, images and other materials, and the hypertext markup language (HTML), scripts, active server pages (ASP), or other content or software used in the Website (collectively, the "Material"), are protected by copyright under both United States and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark, and other laws. Regardless of the extent to which the Material is protected by copyright you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by DFB. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. The use of the Material on any other Website or other telecommunication media or in a networked computer environment for any purpose, without the prior express written permission of DFB, is prohibited.
(d) Trademark. DiaperFreeBaby?, Diaper Free Baby?, diaperfreebaby?, the DiaperFreeBaby? logo, the diaperfreebaby? logo, diaperfreebaby.org?, DiaperFreeBaby.org?, the DiaperFreeBaby.org? logo, the diaperfreebaby.org? logo and other marks are tradenames and trademarks of DFB. DFB's trademarks may not be used by the user in connection with any product or service that is not offered by DFB, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits DFB.
Section 3. Disclaimers of Liability
DFB does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, DFB is not responsible or liable for those costs. DFB does not guarantee continuous, uninterrupted or secure access to the Website, and numerous factors outside of DFB's reasonable control may interfere with operation of the Website.
The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by DFB of the content on such third party Websites. DFB is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If you decide to access linked third party Websites, you do so at your own risk.
The website and the material are provided on an ' as is ' basis without any warranties of any kind. DFB, to the fullest extent permitted by law, disclaims all warranties, including the warranty of merchantability, non- infringement or third party rights, and the warranty of fitness for a particular purpose. DFB makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the material, content, services and links. Use of this website is at your own risk.
The information, communications, and materials available on the Website are provided to you solely for informational purposes and are not and should not be considered professional health care advice. You should not assume that information on a particular topic is complete. You therefore should not substitute information contained on the Website for consultation with qualified health care professionals; nor should you rely solely on information contained on the Website in determining what is best for your child. DFB shall not be deemed to be engaged in the corporate practice of medicine as a consequence of providing the Website.
Section 4. Limitation of Liability
In no event shall DFB, its affiliates, agents, suppliers, partners, information providers, and their respective officers, directors, employees, contractors and agents or any third parties mentioned at this website be liable for any damages whatsoever (including without limitation, direct, indirect, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the website, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not DFB or such other parties are advised of the possibility of such damages. In no event shall DFB or the aforementioned parties be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on this website or any of its content. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the website exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement.
Section 5. Indemnity and Release
(a) As a material inducement to provide you with use of the Website, you hereby indemnify, defend and hold DFB, and its officers, directors, owners, agents, partners, information providers, and affiliates (collectively, the "Indemnified Parties") harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys ' fees and costs.
(b) If you have a dispute involving the Website with a third party, you release each of the Indemnified Parties from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ?1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Section 6. User Information and Privacy
Section 7. General
Nothing herein shall be construed to limit the right of DFB to warn, suspend or terminate access to the Website of any user who breaches this Agreement, provides inadequate authentication of identity, or whose activities, as determined by DFB in its sole discretion. pose a possible legal or business risk to anyone, including DFB. DFB may discontinue or change the Website at any time. This Agreement is personal to you and may not be assigned without the prior written consent of DFB. DFB makes no claims the Materials are appropriate or may be downloaded outside of the United States . Access to the Materials may not be legal by certain persons, or in certain countries. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Each party shall comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re- export, or allow the export or re-export of any product, technology or information it obtains or acquired in connection with the Website (or any direct product thereof) in violation of any such laws, restrictions or regulations. If you access the Website from outside of the United States , you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts , without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Boston , Massachusetts where DFB has its principal place of business. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Captions are for reference purposes only and do not define, limit, construe or describe the scope or extent of any section. Except as expressly provided in a particular "Legal Notice," written license or material on particular Web pages, this Agreement constitutes the entire Agreement between you and DFB with respect to the use of the Website.
Collection and use of non-personal information
If you visit the Website, we do not collect any personally identifiable information about you (such as your name, address, phone number or email address) unless you provide it. We do, however, collect non-personally-identifiable (anonymous) information about you, such as the server your computer is logged into or your browser type. Other examples of non-personally-identifiable information include:
? Your IP address (a unique number that is automatically assigned to your computer whenever you are surfing the Web; many Web servers automatically identify your computer by its IP address). o Your domain type (i.e., .com, .net, .edu, etc.).
? Standard information included with every communication sent on the Internet, such as browser type, operating system, browser language, service provider, and local time.
Collection and use of personal information
If you visit the Website, we do not collect any personally identifiable information about you (such as your name, address, phone number or email address) unless you provide it. You must provide personal information in order to use the following optional features of the Website. We will, and you expressly authorize us to, use the information you provide in order to provide these optional features:
(a) If you apply to act as a Mentor, Contact or Volunteer, we will use the personal information you provide for the purposes described in the application materials and may post your e-mail address on the public portions of the Website.
(b) If you purchase products through the Website, we will use the personal information you provide in order to process your purchase, which may include providing your name, mailing address, phone number and/or e-mail address to the supplier of the product or other third parties providing fulfillment services on our behalf.
(c) We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Who is collecting your information
Your information is being collected solely by DFB. See the discussion under "With whom your information may be shared" below concerning the circumstances under which certain of your information may be disclosed to third parties.
With whom your information may be shared
DFB does not sell, trade or rent your personal information to others, except as described under "Collection and use of personal information".
As discussed above under "Collection and use of non-personal information," we may provide aggregate statistics about our users, traffic patterns and related site information to our clients or for other marketing and promotional purposes. In these situations, we would not disclose any information that could be used to personally identify you.
As discussed above under "Collection and use of personal information," to the provide optional features for which you provide such personal information.
How You Can Access Or Correct Your Information
You can access and edit or correct all your personally identifiable information that we collect online and maintain by sending an e-mail to firstname.lastname@example.org. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections. You may remove yourself from our database at any time by sending an e-mail to email@example.com and requesting to be removed.
Retention of information
Any information we collect may be retained for an indeterminate period of time.
Confidentiality and Security
Links to Other Sites
The Website is not a commercial Web site or an online service directed to children under 13 years of age and our content and other services are not written, intended, or designed for children under the age of 13. To ensure that DFB stays in compliance with the Children ' s Online Privacy Protection Act (COPPA), we review the details of COPPA on a regular basis.
Changes in corporate structure
DFB may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DFB's rights or property, other DFB users, or anyone else that could be harmed by such activities. DFB may disclose user information when we believe in good faith that the law requires it.
CONTACTING THE WEBSITE