Terms & Conditions

Last Modified March 3, 2015

Baby Steps Design Group, Inc. ("Baby Steps") is a California corporation that provides solutions to the most challenging digital property needs.  The information on this Website is intended to furnish users with general information on matters that they may find to be of interest.  While every effort has been made to offer current and accurate information, errors can occur.  Furthermore, this Website may contain references to certain laws and regulations.  Laws and regulations will change over time and should be interpreted only in light of particular circumstances.  By visiting or using our Website, You are agreeing to be bound by the following terms and conditions.

In order to use the Website, You must read and accept all of the terms and conditions in, and linked to, these Terms of Use, which may be modified by Baby Steps from time to time at our sole discretion.  All modifications will be posted on www.babystepsweb.com, and such modifications will become effective immediately upon the posting thereof.  It is Your responsibility to review these Terms of Use on a regular basis to keep yourself informed of any modifications.  We strongly recommend that, as You read these Terms of Use, You also access and read the linked information.  By accepting these Terms of Use, You also agree that Your use of some Baby Steps-branded websites or other websites we operate may be governed by separate terms of use and privacy policies.  If You are dissatisfied with these Terms of Use or any modified version of the same, Your only recourse is to immediately discontinue use of the Website.

2.  PRIVACY POLICY

Baby Steps has established a privacy policy to explain to You how Your personal information may be collected and used.  This privacy policy is located at www.babystepsweb.com/privacy.

3.  YOUR CONDUCT

In connection with Your use of the Website, You represent and warrant that You:

            (a)  will not access, download or copy any information contained on our Website through artificial means (including, but not limited to, spiders, hacking devices, computer programs, bots or other such means);

            (b)  will not post or submit non-local or otherwise irrelevant content, repeatedly post or submit the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

            (c)  will not attempt to gain unauthorized access to the Website, user accounts or other computer systems or networks connected to the Website;

            (d)  will not use the Website in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights, and;

            (e)  will not use the Website in any way that could interfere with the rights of Baby Steps or the rights of other users of the Website.

4.  DISCLOSURE OF INFORMATION

Baby Steps may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about You and Baby Steps users to advertisers, Website Administrative Contractors and other third parties.  You agree that Baby Steps may make such uses of information You provide or Baby Steps collects.

You agree that Baby Steps may access, preserve and disclose any information provided by You to Baby Steps, including, but not limited to, your submitted content for the purposes described in these Terms of Use, if required to do so by law or if, in good faith, Baby Steps believes that such access, preservation or disclosure is reasonably necessary to:  (a) comply with any legal process, including, but not limited to, an enforceable court order or lawful third-party subpoena; (b) enforce these Terms of Use; (c) respond to claims that any such content violates the rights of third parties, or; (d) protect the rights, property or personal safety of Baby Steps, its users and/or the public.

It is possible that Baby Steps might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party.  In such transactions, customer and Website user information generally is one of the transferred business assets.  You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under these Terms of Use.

5.  DELAYS

The Website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications.  Baby Steps is not responsible for any delays, failures or other damage resulting from or related to such problems.

6.  SUBMISSIONS OF MATERIAL TO BABY STEPS

Except for potential or existing clients' literary work and associated correspondence and personally-identifiable information submitted through our Website for purposes of obtaining quotes for our services (collectively, "Work Submissions"), Baby Steps' policy does not permit us to accept or consider creative ideas, suggestions, documents or materials other than those that we have specifically requested.  Please do not submit unsolicited creative ideas, suggestions, documents or materials (collectively, "Unsolicited Material").  If, despite this policy, You send us Unsolicited Material, none of it will be subject to any obligations of confidentiality or non-competition, and Baby Steps will not be liable for any future use or disclosure of such Unsolicited Material.

You further acknowledge that Baby Steps has no obligation at any time to screen, preview, monitor, review, approve, respond to, return or do anything whatsoever with any Work Submissions or Unsolicited Material.  By using the Website, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with Your communication of any Work Submissions or Unsolicited Material.  Under no circumstances will Baby Steps be liable in any way for or in connection with Work Submissions that contain any errors, omissions, defamatory statements or information that is subject to confidentiality or non-competition agreements (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Work Submissions.  Baby Steps will in no way whatsoever by liable for allegedly communicating with the wrong party in response to a Work Submission.  You waive the right to bring or assert any claim against Baby Steps relating to Work Submissions and Unsolicited Material, and You release Baby Steps from any and all liability for or relating to any Work Submissions or Unsolicited Material.

With respect to any Work Submissions, You represent and warrant that:  (a) You are the sole and exclusive owner throughout the universe of all rights (including all rights of copyright), title and interest of every kind and nature in and to the Work Submissions; (b) You have the full and sole right and authority to enter into an agreement with Baby Steps for its services; (c) the Work Submissions will not violate the rights of privacy of, or constitute a libel or slander against, or violate any common law or other rights of any person or entity, and; (d) there are no threatened, pending or actual demands, claims, actions, proceedings, suits or judgments against You or any third party regarding the Work Submissions.  You further represent and warrant that, if You are engaging with Baby Steps on behalf of a business entity or some other legal entity, that entity is duly organized under applicable law and has the unencumbered right and authority to enter into and perform its obligations under these Terms of Use.

7.  COPYRIGHTED MATERIALS

Aside from Work Submissions, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, video clips, audio-visual clips, downloads, data compilations and software (collectively, the "Copyrighted Materials") are the exclusive property of Baby Steps and/or its licensors and are protected by all United States and international copyright laws.  You acknowledge and agree that You will not reproduce, duplicate, copy, sell, re-sell, license or otherwise exploit for any commercial or educational (or any other non-personal) purpose any of the Copyrighted Materials, without the prior written consent of Baby Steps in each instance.

You may link to this Website, on the condition first that such link does not involve:

  • unauthorized use of our logo;
  • any false claim (actual or implied) of endorsement by, or other relationship with, Baby Steps;
  • framing or embedding of any pages of our Website, or;
  • other infringement of our trademarks, copyright and/or other intellectual property rights.

Baby Steps does not bear any responsibility whatsoever for the content, accuracy or security of any websites that are linked (by way of hyperlink or otherwise) to this Website.  Certain links on this Website lead to servers maintained by individuals or organizations over which Baby Steps has no control.  Baby Steps makes no representations or warranties regarding the accuracy or any other aspect of the information located on such servers.  A link to a third party's website should not be construed as an endorsement by either Baby Steps or that third party of the other or its products or services.

8.  WARRANTY DISCLAIMER

You understand and agree that THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT BABY STEPS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE OF THE WEBSITE.  BABY STEPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT:  (A) THE WEBSITE OR SERVICES PROVIDED BY BABY STEPS, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL DOWNLOADED FROM THE WEBSITE, WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OR SERVICES PROVIDED BY BABY STEPS, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL DOWNLOADED FROM THE WEBSITE, WILL BE UNINTERRUPTED, CURRENT, ACCURATE, TIMELY, ERROR-FREE, OMISSION-FREE, SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR BABY STEPS COLLECTS WILL NOT BE DISCLOSED, OR; (E) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.  YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK.  In some jurisdictions, disclaimers of implied warranties are not permitted.  In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.

9.  LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BABY STEPS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BABY STEPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM OR CONNECTED TO:  (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) THE COST OF ANY SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE WEBSITE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE WEBSITE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE WEBSITE; (F) ANY OTHER MATTER RELATING TO THE WEBSITE; (G) ANY BREACH OF THESE TERMS OF USE BY YOU OR BY BABY STEPS OR THE FAILURE OF BABY STEPS TO OPERATE THE WEBSITE, OR; (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS).  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitations may not apply to You.

10.  INDEMNIFICATION

You agree to indemnify, defend, save and hold harmless Baby Steps, its owners, shareholders, directors, officers, managers, employees, agents, contractors, licensees, designees, users, successors, assigns, service providers and suppliers (collectively, Baby Steps' "Related Parties") from and against all losses, liabilities, expenses, damages, claims, actions, proceedings, suits, demands, costs and expenses, including, but not limited to, reasonable attorneys' fees, experts' fees and court costs, due to or arising from:  (a) any violation of these Terms of Use by You, including, but not limited to, any breach of Your warranties and representations; (b) the inaccurate, untruthful or otherwise violative Work Submissions or other information provided by You to Baby Steps or that You submit, transmit or otherwise make available through the Website, or; (c) any intentional or willful violation of any rights of another or harm You may have caused to another.  Baby Steps will have sole control of the defense of any such damages or claim.

11.  BREACH OF AGREEMENT

You agree to pay the actual damages suffered by Baby Steps, including, but not limited to, attorneys' fees, experts' fees and court costs, to the extent such actual damages can be reasonably calculated.  Notwithstanding any other provision of these Terms of Use, we may avail ourselves of any and all cumulative remedies available at law or in equity, and we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.

12.  NOTICE

You agree that Baby Steps may communicate any notices to You under these Terms of Use, through e-mail, regular mail or posting such notices on the Website.  All notices to Baby Steps will be provided by either sending a facsimile to (661) 825-8442 or an e-mail to info@babystepsweb.com or notice by postal mail to 27451 Tourney Road, Suite 120, Valencia, California 91355 USA.  Such notices will be deemed delivered upon confirmation of receipt.

13.  ENTIRE AGREEMENT

These Terms of Use govern Your use of the Website and constitute the entire agreement between You and Baby Steps regarding the Website.  These Terms of Use supersede any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Baby Steps regarding the subject matter contained in these Terms of Use.  Additional terms and conditions may exist between You and third parties.  You represent and warrant that those third-party agreements do not interfere with Your obligations and duties to Baby Steps under these Terms of Use.

14.  GOVERNING LAW

These Terms of Use and the relationship between You and Baby Steps will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction.  You agree and consent to the exclusive jurisdiction of the state or federal courts located in Los Angeles County, California, and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Baby Steps may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found.  You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Website or these Terms of Use shall be filed no later than one (1) year after such claim or cause of action arose, or it will forever be barred.

15.  MISCELLANEOUS

It will not be considered a waiver of Baby Steps' rights if Baby Steps fails to enforce any of the terms or conditions of these Terms of Use against You.  In the event a court finds a provision in these Terms of Use to not be valid, You and Baby Steps agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid and unmodified in these Terms of Use.  No joint venture, partnership, employment or agency relationship exists between You and Baby Steps as a result of these Terms of Use or the use of the Website.  You acknowledge and agree that each of the Related Parties shall be an intended third-party beneficiary of these Terms of Use.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MUST NOT USE THE WEBSITE.  BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.

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