TERMS AND CONDITIONS and CONTACT
Last Revised: May 29, 2018
Thank you for visiting BabyBoomerInc.com. You arrived at this Terms & Conditions
page from one of the above sites, referred to herein as “this web site”.
CONTACT
BabyBoomerInc.com
287 Chambly
Greenfield Park, QC, Canada
450.465.6105
The following Terms and Conditions from BabyBoomerInc.com (hereinafter
“COMPANY”, “We”, and “Us”) govern your use of the above web sites and apply to
your access and use of them.
By accessing or using this web site, you are acknowledging and accepting, and
agree to be bound by, the Terms and Conditions described herein. These Terms and
Conditions are subject to change or modification by the Company at any time and
at our discretion without notice. You waive any right you may have to receive
specific notice of such changes or modifications, and your continued use of this
web site after any changes are implemented constitutes your acceptance of the
changes. As a result, we encourage you to consult the Terms and Conditions each
time you use the Website. If you do not agree with the Terms and Conditions,
please do not use or access the web site.
Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER
OF CLASS ACTION PROVISION.
Please also note that BabyBoomerInc.com is an entity based in the province of
quebec that primarily serves customers in North America.
CONTACT
BabyBoomerInc.com
287 Chambly
Greenfield Park, QC, Canada
450.465.6105
INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this web
site are protected by copyrights, trademarks, service marks, patents, trade
secrets, or other proprietary rights and laws. Except as expressly authorized by
COMPANY, you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit,
or create derivative works from such materials or content. Product Launch
Formula, Product Launch Manager, and Jeff Walker are U.S. registered trademarks
of COMPANY and/or its related companies.
As noted above, reproduction, copying, or redistribution for commercial purposes
of any materials or design elements on this web site is strictly prohibited
without the express written permission of COMPANY. For information on requesting
such permission, please contact us using the contact information listed in the
section entitled “Contacting Us”.
ABILITY TO ACCEPT TERMS AND CONDITIONS / LIMITATIONS ON USE
You affirm that you are either more than 18 years of age, or an emancipated
minor, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these
Terms and Conditions, and to abide by and comply with these Terms and
Conditions.
If you are provided a password to access this web site, then that password is
for your personal use only, unless otherwise specified. You agree to be
responsible for the security of your password.
ORDER AND RETURN POLICIES
We generally ship all physical orders within two business days. For any digital
products, you will receive an email with login details to our membership site or
download page. We also offer a 30-day money back guarantee on all our products.
If you are not completely satisfied, you can return the product to us in good
condition within 30 days of the date that you placed your order. In order to
receive a refund within the 30-day period for any physical products, you must
return everything that was shipped to you, including any bonuses, and we must
receive it at our offices before the 30 day period has passed.
PRODUCT DELIVERY / MEMBERSHIP SITE / CONDUCT
A. For products that you purchase from us that are delivered through a download
link, you will be given a URL to access and download the product(s) you
purchased. In such instances, you agree not to share the download link with
other people who did not purchase the product(s).
B. For products that you purchase from us that are delivered through a
membership site, you will be given a user name and password to access the course
materials and tools. In such instances, you agree not to share your login
information with other people who did not purchase the product(s). You will not
sell access to this program or duplicate and sell any of its content without
written permission.
C. Where applicable, the membership site is meant for informational purposes
only. It is not intended as specific medical, legal, commercial, financial, tax
or other professional advice. Use of the information on the membership site and
this web site are at your own risk.
D. Use of content, unless otherwise stated, is for your own personal,
non-commercial use. You may not distribute content, print multiple copies, or
use the content for public display or performance unless otherwise stated.
E. We reserve the right to discontinue or modify without notice or liability,
any portion of this web site.
F. You affirm, represent, and warrant that your participation on this web site
and the content you submit does not relate to pornography, illegal activities of
any kind, occult, hate, or racism. You also represent and warrant that content
you submit does not violate the intellectual property rights of third parties.
COMPANY reserves the right to make the final decision regarding what is
appropriate. COMPANY further reserves the right to remove content or terminate
your account without prior notice for a violation of this provision.
G. You understand and agree to not place an unreasonable burden on the server
hosting this web site or membership site, to not interfere with the running of
this web site and to not attempt unauthorized access to any portion of this web
site.
H. You understand and agree not to provide false information about yourself, to
impersonate another individual or provide misleading or false content.
I. You agree that any ideas, suggestions, or improvements that you provide to
COMPANY about COMPANY’s products or services shall be owned by COMPANY and that
COMPANY is free to include such ideas in future products without compensation to
you.
J. You hereby warrant that any information you submit to COMPANY through this
web site is owned by you and that you have the necessary authority to submit
such information. You hereby grant COMPANY a royalty-free, perpetual, worldwide
license to display, modify, adapt, create derivative works from, and otherwise
use any suggestions, ideas, and information that you provide to COMPANY.
PRIVACY
Please read the Privacy Policy carefully to understand how COMPANY collects,
uses and discloses personally identifiable information from its users. The
Privacy Policy is hereby incorporated by reference as part of these Terms and
Conditions.
THIRD PARTY REFERENCES / HYPERLINKS
This web site may link you to other sites on the Internet that are not operated
by the Company (“Third-Party Sites”). These Third-Party Sites may contain
information or material that some people may find inappropriate or offensive.
These Third-Party Sites are not under the control of COMPANY, and you
acknowledge that COMPANY is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the content of such sites.
The inclusion of such a link does not imply endorsement of the other site by or
any association with its operators.
You agree to access and use any Third-Party Sites and the third-party content
contained therein at your own risk. You acknowledge that a Third-Party Site may
collect personal information about you, and any personal information you
disclose or submit to a Third-Party Site will not be under control of the
Company. The Company assumes no responsibility or liability for the privacy and
information collection policies of third parties operating any Third-Party Site
and we suggest contacting the providers of those sites directly for information
on their privacy policies.
CONTACTING US
If you need to contact us, you can email us at Henri@BabyBoomerInc.com, call us
at 450.465.6105, or send us a letter at: BabyBoomerInc.com, 287 Chambly,
Greenfield Park, QC, Canada.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS
AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY
AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT
ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES,
OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE
AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES,
OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID
TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Any provision herein to the contrary notwithstanding, the maximum liability of
COMPANY to any person, firm or corporation whatsoever arising out of or in the
connection with any license, use or other employment of any Content delivered to
You hereunder, whether such liability arises from any claim based on breach or
repudiation of contract, warranty, tort or otherwise, shall in no case exceed
the actual price paid to COMPANY by You for the Content whose license, use, or
other employment gives rise to the liability. The essential purpose of this
provision is to limit the potential liability of COMPANY arising out of this
Agreement. The parties acknowledge that the limitations set forth in this
Section are integral to the amount of consideration levied in connection with
the web site and any services rendered hereunder and that, were COMPANY to
assume any further liability other than as set forth herein, such consideration
would of necessity be set substantially higher.
INDEMNIFICATION
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and
its other affiliated companies harmless, and their employees, contractors,
officers, and directors from all liabilities, claims, and expenses, including
attorney’s fees, that arise from your misuse of this web site or from your
violation of the Terms and Conditions stated herein.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire
agreement between you and COMPANY with respect to this web site and supersedes
all prior or contemporaneous communications between you and COMPANY with respect
to this web site. If any part of these Terms and Conditions is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and effect.
GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with
the laws of the province of Quebec.
ARBITRATION OF DISPUTES
The parties agree that any dispute or claim in law or equity arising between
them regarding the use of this web site or these Terms and Conditions, including
any dispute regarding the enforceability or applicability of this arbitration
provision, shall be decided by neutral, binding arbitration conducted in the
province of Quebec. The arbitrator shall be a retired judge, justice, or an
attorney with at least ten (10) years of legal experience relating to the
subject matter of this Agreement, unless the parties mutually agree otherwise,
who shall render an award in accordance with the substantive laws of Quebec. In
all other respects, the arbitration shall be conducted in accordance with the
rules and procedures of the American Arbitration Association, subject to the
parties being allowed limited discovery. Judgment upon the award of the
arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THIS WEB SITE, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT
OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY
NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE
THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL
RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN
THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION
AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW
PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS
WEB SITE.
CLASS ACTION WAIVER
ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THIS WEB
SITE OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS
NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS,
OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A
CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
ATTORNEYS’ FEES
In any dispute, action, proceeding, or arbitration regarding the use of this web
site or these Terms and Conditions, including the enforcement of any arbitration
provision herein, the party prevailing in such action or proceeding shall be
entitled to recover, in addition to any other award of damages or other
remedies, its reasonable attorneys’ and experts’ fees, costs and expenses
(including, without limitation, expenses for expert witnesses and all reasonable
attorneys’ fees, costs and expenses upon appeal).
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