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BabyNameFacts.com - Terms of Use

Your use of BabyNameFacts.Com and the services provided (collectively, the Services) is conditioned on your acceptance, without any modification, of the terms and conditions and notices contained in these Terms of Use and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SITES AND SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE AND THESE TERMS OF USE ARE A BINDING CONTRACT BETWEEN YOU AND BabyNameFacts.com.

MODIFICATION AND CHANGES TO THESE TERMS OF USE
BabyNameFacts.com reserves the right to change these Terms of Use at any time. By using the Site and Services, you agree in advance to accept any changes. You should review these Terms of Use frequently to ensure compliance with the most up to date Terms of Use. If you do not agree to be bound by these Terms of Use, please do not use the Sites or Services.

PERSONAL AND NON-COMMERCIAL USE
Use of the Sites and Services is solely for your personal and non-commercial use. You agree that you will not use the Sites and Services for any purpose that violates any law, regulation or these Terms of Use. You will not in any way attempt to disable or damage the Sites and Services or otherwise interfere with any other party's right to use and enjoy the Sites and Services. BabyNameFacts.Com reserves the right, at any time for any reason, to terminate your access to and use of the Sites and Services.

THIRD PARTY WEB SITES AND INFORMATION
The Sites and Services also contain information provided by third parties and links to third party web sites. BabyNameFacts.com has no control over this information or third party web sites and is not responsible for such information or any information provided on a third-party web site. BabyNameFacts.Com provides such information and links as a reference and service to you and by providing such information, BabyNameFacts.com does not imply any endorsement of any kind of such content or the third party providing it to BabyNameFacts.Com. You are responsible for confirming the accuracy and reliability of all information provided on third party web sites.

INFORMATION PROVIDED ON SITES; NO PROFESSIONAL ADVICE
The information contained on the Sites and Services is provided by BabyNameFacts.com as an aid for users. Although BabyNameFacts.com strives to provide the most accurate and reliable information, BabyNameFacts.com cannot and does not guarantee the accuracy, sufficiency, completeness, correctness or timeliness of such information. You are responsible for confirming the accuracy and reliability of all information provided on the Site prior to making any decisions based on such information. The information appearing on the Site is intended solely as general baby related guidance and does not constitute professional advice. You should obtain baby information and professional advice from qualified individuals.

MODIFICATION AND CHANGES TO THE SITE AND SERVICES
BabyNameFacts.com reserves the right, at any time, to change, suspend, eliminate, modify or discontinue any aspect of the site or services, including, without limitation, the availability of any features, tools, information or content.

LIABILITY DISCLAIMERS
YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND SERVICES AND THE INFORMATION THEREON (REGARDLESS OF FROM WHERE SUCH INFORMATION IS DERIVED) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. BabyNameFacts.COM IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT ON THE SITE AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL TO OBTAIN SPECIFIC ADVICE FOR YOUR SITUATION. NEITHER BabyNameFacts.COM NOR ANY OF ITS SUBSIDIARIES, PARENTS, DIVISIONS, AFFILIATES, AGENTS OR REPRESENTATIVES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES AND SERVICES AND THE INFORMATION AVAILABLE ON THE SITES AND SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF BabyNameFacts.COM AND/OR ITS SUBSIDIARIES, PARENTS, DIVISIONS, AFFILIATES, AGENTS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST BabyNameFacts.COM AND ITS SUBSIDIARIES, PARENTS, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITES AND SERVICES AND THE INFORMATION AVAILABLE THEREON.

INDEMNITY
AS A CONDITION TO USING THE SITES AND SERVICES, YOU AGREE TO INDEMNIFY AND HOLD BabyNameFacts.COM AND ITS SUBSIDIARIES, PARENTS, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) AND DAMAGES ARISING OUT CLAIMS RELATING TO YOUR USE OF THE SITES AND SERVICES OR A BREACH BY YOU OF THESE TERMS OF USE.

COPYRIGHTS AND TRADEMARKS
The materials used and displayed on the Site and Services, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks (collectively, the Materials), are the property of BabyNameFacts.Com or its affiliates or licensors who have granted BabyNameFacts.Com permission to use such Materials. All Materials are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Material without the written permission of BabyNameFacts.Com or the appropriate affiliate or licensor.

GENERAL
These Terms of Use and any disputes arising out of or related in any manner to the Sites and Services shall be governed by, and construed and enforced in accordance with, the laws of the State of Montana. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Montana for any disputes arising out of or related in any manner to your use the Sites and Services or these Terms of Use. These Terms of Use constitute the entire agreement between you and BabyNameFacts.Com with respect to the use of the Sites and Services and they supercede all prior or contemporaneous communications, whether electronic, oral or written, between you and BabyNameFacts.Com with respect to the Sites and Services. In the event any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable, and the other provisions of these Terms of Use will remain in full force and effect. Any rights not specifically granted in these Terms of Use are hereby reserved.

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