Welcome to BabyToBee.com
Parent's first name Parent's last name Parent's email  


 

Baby to Bee™ Website Terms and Conditions 

The BabyToBee™ website, located at www.babytobee.com (the “Site”), is an Internet property of Morex Marketing Group, LLC (“BabyToBee™,” “we” or “us”). By and through the Site, BabyToBee™: (a) enables expecting parents to sign up to receive offers for free baby-themed products and/or services (“Free Offers”) from BabyToBee’s™ third party product/service providers (“Third Party Providers”); (b) enables end-users to search for links and other listings of baby-themes products and services (“Third Party Offers” and together with the Free Offers, “Third Party Products”) as offered on the websites of third-party advertisers (“Advertisers”); and (c) enables end-users to enter into contests and promotions offered on the Site from time to time (“Contests”).  By using, accessing and/or entering the Site and/or Contests, you agree to comply with and be bound by the following Terms and Conditions (“Terms and Conditions”).  The BabyToBee Privacy Policy (“Privacy Policy”), the Official Contest Rules applicable to each Contest, operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”).  Please review the complete terms of the Agreement carefully.  If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.     

1. Acceptance of Agreement.  You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site.  The Agreement constitutes the entire and only agreement between you and BabyToBee™ with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site.  We may amend the Agreement from time to time in our sole discretion, without specific notice to you.  The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site.  By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time.  Therefore, you should regularly check this page for updates and/or changes.

2. Requirements.  The Site is available only to individuals who are residents of the United States, and who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under the age of eighteen (18).  If you are under the age of eighteen (18), and/or not a citizen of the United States, you do not have permission to use and/or access the Site.

3. Description of Third Party Products.  BabyToBee™ provides end-users with an opportunity to apply for a variety of discount and complimentary baby-themed products and services as offered by BabyToBee’s™ Third Party Providers. BabyToBee™ provides end-users with an opportunity to search listings for baby themed products and services as offered by the Site’s Advertisers.  Please be advised that BabyToBee™ does not itself provide Free Offers, Third Party Offers or any baby-themed products and services.  The ultimate terms and conditions of any Third Party Products will be determined by the applicable Third Party Provider or Advertiser, as the case may be.  The Third Party Products are made available and serviced by third party manufacturers and contain descriptions that are provided directly by such third party manufacturers. The Third Party Providers and Advertisers, as applicable, are solely responsible for all fulfillment and customer service in connection with the Third Party Products and other products and/or services made available in connection with the Site.  Please contact the applicable Third Party Provider or Advertiser, as the case may be, for any questions, comments or feedback related thereto.  BabyToBee™ does not represent or warrant that such descriptions of the Third Party Products, products and/or services are accurate or complete.  BabyToBee™ expressly disclaims any liability related to the Third Party Products and their use.

To attempt to qualify to receive the Free Offers, you must first fully complete the two-page application form located at the Site (“Application”). The information that you must supply on the Application includes, but is not limited to, your: (a) correct and verifiable full name; (b) full mailing address; (c) telephone number; (d) e-mail address; (e) date of birth; (f) baby due date; (g) whether this will be your first baby; (h) whether you speak Spanish; and (i) what state the applicable baby’s mother was born in (collectively, “Registration Data”). BabyToBee™ will transfer your Registration Data to the applicable Third Party Providers in connection with facilitating the processing of your request for Free Offers from same.   

Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement.  You understand and agree that BabyToBee™ is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for Free Offers or other Third Party Products.  You understand and agree that BabyToBee™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by any of BabyToBee’s™ Third Party Providers and/or Advertisers.  If BabyToBee™ terminates the Agreement for any reason, BabyToBee™ shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with BabyToBee™.  The Agreement only governs your use of the Site.  To access the BabyToBee Privacy Policy, please Click Here.  

4. Contests.  From time-to-time, our Site offers promotional prizes and other awards via Contests. By providing true and accurate information in connection with the applicable Contest registration form and agreeing to the Official Contest Rules applicable to each Contest, you can attempt to obtain the promotional prizes and other awards offered through each Contest. To enter into the Contests featured on the Site, you must first fully complete the applicable Entry Form.  Currently, the Site is offering the “$100,000 Baby to Bee Education Sweepstakes.”  The Entry Form associated with the $100,000 Baby to Bee Education Sweepstakes requires submission of the following information: your: (a) correct and verifiable full name; (b) full mailing address; (c) telephone number; (d) e-mail address; (e) date of birth; (f) baby due date; (g) whether this will be your first baby; (h) whether you speak Spanish; and (i) what state the applicable baby’s mother was born in (collectively, the “Contest Registration Data”).  You agree to provide true, accurate, current and complete Contest Registration Data. BabyToBee™ has the right to reject any Contest Registration Data where it is determined, in the sole and exclusive discretion of BabyToBee™, that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Contest Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. BabyToBee™ may change the Registration Data criteria at any time, in its sole discretion. 

Upon confirmation of your Contest Registration Data, your entry associated with the applicable Contest will be submitted.  You do not need to purchase any Third Party Products in order to enter a Contest.  Purchasing Third Party Products in no way increases your chances of winning any prizes offered in connection with a Contest.  To access the Official Contest Rules for the $100,000 Baby to Bee Education Sweepstakes, please Click Here. 

5. License Grant.  As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement.  BabyToBee™ may terminate this license at any time for any reason.  You may use the Site on one computer for your own personal, non-commercial use.  No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof.  BabyToBee™ reserves any rights not explicitly granted in the Agreement.  You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.  You may not take any action that imposes an unreasonable or disproportionately large load on BabyToBee™ infrastructure.  Your right to use the Site is not transferable. 

6. Proprietary Rights.  The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Third Party Products, Contests and/or Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Contests and/or Site is strictly prohibited. You do not acquire ownership rights to the Contests, Site or any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by BabyToBee™ does not constitute a waiver of any right in such information and/or materials.

7. Editing, Deleting and Modification.  We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site. 

8. Indemnification. You agree to indemnify and hold BabyToBee™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site, purchase and/or use of any Third Party Products and/or entry into any Contest; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity.  The provisions of this paragraph are for the benefit of BabyToBee™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

9.Disclaimer of Warranties.  THE SITE, THE CONTESTS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BABYTOBEE™ MAKES NO WARRANTY THAT: (A) THE SITE, THE CONTESTS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE CONTESTS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THIRD PARTY PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS AND/OR ADVERTISERS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE CONTESTS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. THE SITE, THE CONTESTS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BABYTOBEE™, ANY OF ITS THIRD PARTY PROVIDERS, ADVERTISERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

10. Limitation of Liability.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT BABYTOBEE™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BABYTOBEE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE CONTESTS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR THIRD PARTY PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS AND/OR ADVERTISERS, OR ANY SUBSEQUENT DENIAL OF THIRD PARTY PRODUCTS FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR CONTEST REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE SITE, THE CONTESTS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE BABYTOBEE™ AND ALL OF BABYTOBEE’S™ THIRD PARTY PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BABYTOBEE™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BABYTOBEE™.  THE INABILITY TO USE THE SITE, THE CONTESTS, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS OR ADVERTISERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

11. Third Party Websites.  The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, those owned and operated by Third Party Providers and Advertisers.  Because BabyToBee™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that BabyToBee™ is not responsible for the availability of such third party websites and/or resources. Furthermore, BabyToBee™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

12. Privacy Policy/User Information. Use of the Site, and all comments, feedback, information, Registration Data, Contest Registration Data and/or materials that you submit through or in association with the Site, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, please Click Here.

13. Legal Warning.  Any attempt by any individual, whether or not a BabyToBee™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and BabyToBee™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

14. Miscellaneous.  The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against BabyToBee™, the Third Party Providers and their respective employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that BabyToBee™ and the Third Party Providers incur in seeking such relief.  Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site, the Contests and/or any BabyToBee™ offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.  Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and any Official Contest Rules, insofar as the applicable Contest is concerned, those Official Contest Rules shall govern.  Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

15. Contact Us. If you have any questions regarding the Agreement, or would like more information from us, please contact us at: customerservice@babytobee.com.