Effective Date: January 24, 2020
You may return Products purchased on the Website within 90 days from the order date for a full refund of the purchase price, minus the shipping and handling costs. The item must be returned, in good condition in the original boxes, and may be used or unused. Before returning the item, you must obtain a Return to Manufacturer Authorization (RMA number) by calling +1-307-240-6862. The RMA number must be visibly written on the outside of the return box so the return can be processed by our returns department. No refunds will be issued for returns without RMA numbers on the outside of the box.
Send returns to:
ATTN: SHIPPING DEPARTMENT
3333 Turtle Creek Blvd, Dallas, TX 75219
Refunds will be provided in the same form as original payment.
Eligibility. By downloading, accessing or using the Web Site, you represent that you are at least eighteen (18) years old or the legal age of majority in your jurisdiction, whichever is greater, that you are a resident of the United States of America, and that you agree to this TOS. The Web Site, its contents (including information about the Products and other products offered by Dababy), and the Products, are intended for use only by U.S. residents.
Compliance. You shall abide by all applicable federal, state, and local laws and regulations with respect to your use of the Web Site, and you shall provide only true, accurate, current, and complete information (and updates thereto) when submitting information to Dababy. You shall only use the Web Site as permitted by this Agreement. In your use of the Web Site and the Products, you shall not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the Web Site or any websites linked to the Web Site; (iii) interfere with or damage the Web Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity; (v) attempt to obtain unauthorized access to the Web Site or portions of the Web Site that are restricted from general access; (vi) engage, directly or indirectly, in transmitting any type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Web Site; (viii) use any meta tags or any other “hidden text” using the Dababy name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, unless you receive our prior written consent; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Web Site or the Products; (xi) assist any third party in engaging in any activity prohibited by this TOS, or (xii) deep link to portions of the Web Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Web Site, or reverse engineer any of the technology used to provide the Products.
License and Restrictions. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive, non-transferrable, non-assignable, revocable right to access, view, and use the content and materials on the Web Site. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. You shall not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You shall have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Web Site, except as expressly set forth in this TOS. Dababy may immediately and without notice to you suspend or terminate your access to the Web Site. Following termination, you shall not be permitted to use the Web Site and we may, in our discretion, cancel any orders for Products.
WE PROVIDE THE WEB SITE AND THE PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEB SITE, OR THEIR USE: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. NOTWITHSTANDING THE FOREGOING, THIS PROVISION DOES NOT APPLY IN NEW JERSEY.
WE PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION OR ANY SYMPTOMS THEREOF. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
All disputes arising out of or relating to this Agreement (including its formation, performance or alleged breach), your use of the Web Site, or your purchase or use of the Products (“Dispute”) shall be submitted to confidential arbitration and shall be governed exclusively by the laws of the State of Wyoming, excluding its conflict of law provisions. If a Dispute arises under this Agreement, you agree to first contact us at support@Dababy.io. Before formally submitting a Dispute to arbitration, you and Dababy may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or Dababy may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. Dababy will pay all of the filing costs. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Wyoming: (i) any dispute, controversy, or claim relating to or contesting the validity of Dababy’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by Dababy for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by Dababy against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to Dababy by providing the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
Identification or description of where the material that you claim is infringing is located on the Web Site, with enough detail that Dababy may find it on the Web Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Attention: Legal Department
3333 Turtle Creek Blvd, Dallas, TX 75219
ELECTRONIC SIGNATURES AND AGREEMENTS
You acknowledge that by agreeing to this TOS electronically that you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY THE 20, LLC. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.