Terms of Use

IMPORTANT: Baby Doppler Media, a division of Dagamma Ecommerce Solutions, Inc. (Dagamma) and its brands and subsidiaries operate this website, other health, wellness, diet, fitness websites, mobile application(s), blogs, social media pages, and other platforms that may or may not be indicated here that are part of the Dagamma Ecommerce Solutions portfolio of websites (collectively, the “Sites”) and the services related to or offered on the Sites (hereinafter, the “Services”).  Dagamma’s  Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Sites or provided through the Sites. These Terms of Use (“TOU”) govern your use of any of the Sites and Services that are provided by Dagamma. Please read this agreement carefully before accessing or using any of the Sites or Services. Each time you access or use the Sites or Services, you agree to be bound by these TOU. If you do not agree to be bound by all of these TOU, you may not access or use the Sites or Services. In addition, certain areas of the Sites or Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these TOU, the additional terms will control.

 

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

1. This Site is for Informational Purposes Only and Does Not Provide Medical Advice of any sort whatsoever.

The Sites and Services offer health, fitness, and nutrition-related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Sites or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis, or advice. Developments in medical research may impact the health, fitness, and nutritional topics discussed on the Sites or through the Services and no assurance can be given that the information contained in the Sites or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Sites and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products, or other information that may appear on the Sites or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Sites, you do so solely at your own risk.

2. User Obligations.

You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Sites and Services. You also acknowledge and agree that your use of the Internet and access to the Sites is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Dagamma is not responsible for the security of any information transmitted to or from the Sites. Dagamma reserves the right to prohibit or terminate use of or access to the Sites at any time, without notice, for any reason whatsoever.

3. License Grant.

This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Sites conditioned on your continued compliance with these TOU. You may print and download materials and information from the Sites solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

4. Prohibited Activities.

The Sites and the Services are not intended for children under the age of 18 (or applicable leagal age in your country) and children under 18 (or applicable legal age in your country) should not use the Sites or the Services. You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and are the sole property of Dagamma, its Licensors, or our content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not: 

1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products, or services obtained through the Sites or the Services; 
2. Access the Sites or Services by any means other than through the standard industry-accepted or Dagamma-provided interfaces; 
3. Post or transmit any material that contains a virus or corrupted data; 
4. Delete any author attributions, legal notices, or proprietary designations or labels;
5. Violate any applicable local, state, national, or international law, rule, or regulation or use the Sites and/or the Services for any purpose that is prohibited by these TOU; 
6. Manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;
7. Do not register, subscribe, or unsubscribe any individual or entity for any Dagamma product or service unless you have explicit authorization from that party to do so.
8. Refrain from using the Sites or Services in a manner that could harm, disable, overload, or disrupt Dagamma’s servers or networks, or interfere with the experience of other users.
9. Do not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems, or networks associated with Dagamma through hacking, password mining, or any other unauthorized means.
10. Avoid obtaining or attempting to obtain materials or information through unauthorized means that are not intentionally provided through the Sites or Services, and do not harvest or collect information about other users without their consent.
11. Ensure that your use of the sites does not cause damage, disparagement, or any other negative impact on Dagamma. Additionally, adhere to the Posting Guidelines outlined below. COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY DAGAMMA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS STRICTLY PROHIBITED, without exceptions.
12. Message Boards, Chat Rooms, and Posting Guidelines.

Dagamma hosts message boards, chats, and other public forums on its Sites and through the Services. These forums serve as discussion centers for users and subscribers of the Sites and are intended for public interaction. It’s important to note that any information you post on the Sites or through the Services may be visible to anyone on the Internet. Users have the ability to edit their own posts after posting. When participating in these forums, please use good judgment and respect when discussing sensitive topics. Both users and moderators are expected to treat others with respect and honesty. Ensure that your posts are fair, informative, and supported by factual information. Avoid posting rumors or negative opinions without proper support.

In addition to the prohibited activities outlined above, when posting information and media on the Sites or through the Services, you must not:

– Post anything that disrupts or interferes with the operation of the Sites, including files containing malicious code, viruses, or other harmful software.

– Post statements or materials that defame, harass, abuse, threaten, or infringe upon the rights of others.

– Violate contractual or fiduciary agreements.

– Share personal information, pictures, videos, or media of another person without their explicit consent.

– Delete or alter material posted by other users.

– Post offensive, vulgar, obscene, or objectionable content.

– Encourage criminal conduct or behavior that violates laws or regulations.

– Harm minors in any way.

– Impersonate another person or entity.

– Misrepresent your affiliation with any entity, including Dagamma.

– Violate the privacy or publicity rights of any individual.

– Engage in spamming or unauthorized advertising.

– Infringe upon any intellectual property rights.

 

Users who fail to comply with these guidelines may be removed from the forums and denied access in the future. Dagamma or its designated agents reserve the right to remove or modify user-created content at any time for any reason. 

Materials posted to the forums may be subject to size and usage limitations, and users are responsible for adhering to these limitations. Dagamma and its licensors do not endorse the opinions, advice, or statements made by third parties in these forums and are not liable for any reliance on such information. The opinions expressed in the forums are solely those of the participants and do not reflect the views of Dagamma or its licensors. 

While Dagamma reserves the right to monitor the content of the forums, it is not obligated to do so. However, users acknowledge that Dagamma may monitor content at its discretion. Moderators, who are not medical professionals, may alter or remove postings as needed to comply with guidelines or legal requirements. By submitting content to the forums, users grant Dagamma and its designees the right to use, reproduce, and distribute such content for any purpose without compensation on any internet and social media platform now available or invented in the future. Submitted materials are not subject to confidentiality obligations.

 

6. Commercial Transactions.

Certain products or services may be available for purchase on the Sites or through the Services. If you wish to make a purchase, you may be asked to provide personal information such as your name, address, and credit card details. It is your responsibility to ensure that the information provided is accurate and up-to-date. By providing this information, you authorize Dagamma to charge your account for any fees incurred. Dagamma may automatically invoice your account for recurring payments, and you are responsible for ensuring that your billing information is current. Dagamma reserves the right to change fees or institute new charges with reasonable notice. You agree to promptly notify Dagamma of any changes to your billing information. Failure to pay fees may result in suspension or termination of access to paid services. You are also responsible for any costs incurred by Dagamma in collecting unpaid fees. For billing inquiries or to terminate a subscription, contact support@babydoppler.com.

 

7. Third Party Content.

Content provided by third parties, including opinions, advice, advertisements, and offers, is not endorsed by Dagamma. Dagamma and its licensors do not guarantee the accuracy or completeness of third-party content. Users access third-party content at their own risk and should use caution when relying on such information. Dagamma does not advocate for specific products or procedures described in third-party content and is not responsible for any misuse or misunderstanding of such content.

 

8. Sweepstakes, Contests, and Games.

Sweepstakes, contests, and games conducted by Dagamma are subject to specific rules accessible through links on the respective pages. Participants agree to adhere to these rules when entering or participating in any such activities. It is important to review the rules carefully before participating.

 

9. Accounts, Passwords, and Security:

If any of the Sites or Services require you to create an account, you must complete the registration process by providing Dagamma with current, accurate, and complete information, as requested in the registration form. You acknowledge that providing untrue, inaccurate, outdated, or incomplete information may result in the termination of your access and use of the Sites and/or the Services by Dagamma. During the registration process, you will be prompted to choose a username and password. You are solely responsible for maintaining the confidentiality and security of your account and password. Moreover, you are fully responsible for all activities and conduct, whether undertaken by you or any other party, that occur through your account. You agree to promptly inform Dagamma of any unauthorized use of your account or any other security breach. Neither Dagamma nor its affiliates will be liable for any loss incurred as a result of unauthorized use of your password or account, whether with or without your knowledge. You may be held accountable for any losses suffered by Dagamma, its affiliates, or any other party due to the unauthorized use of your account or password.

 

10. Linking to the Sites:

We reserve the right to refuse or revoke your permission to link to the Sites at our sole discretion. If we exercise this right, you agree to promptly remove and disable any links to the Sites. In the absence of a written agreement with us specifying the terms of linking to the Sites, adhere to the following guidelines when adding one or more links to the Sites from your website:

– The link must be a text-only link that prominently displays the URL of the relevant Site.

– If the link directs to a page other than the home page of a Site, the text link must also include the title of the targeted landing page.

– The appearance, positioning, and other characteristics of the link must not harm or dilute the reputation associated with our trademarks and brand.

– The appearance, positioning, and other characteristics of the link must not create the false impression that an entity is affiliated with, sponsored by, or endorsed by Dagamma.

– When activated, the link must display the Site in full-screen mode and not within a frame on the linking website. Additionally, linking should not trigger any interstitial, pop-up, or pop-under windows.

– The link must not be used in conjunction with or appear on a website that a reasonable person might consider offensive, obscene, defamatory, or otherwise malicious.

11. Disclaimer Regarding Linked Third-Party Sites:

The links on any of the Sites and/or Services may redirect you to leave the specific Sites or Service you are accessing to visit a linked third-party site (the “Linked Sites”). Dagamma provides these links for convenience purposes only. We neither control nor endorse these Linked Sites, nor have we reviewed or approved the content displayed on the Linked Sites. Dagamma assumes no responsibility for the legality, accuracy, or appropriateness of any content, advertising, products, services, or other materials on or available from any Linked Sites. You acknowledge and agree that Dagamma shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of any links, content, goods, or services available on or through the Linked Sites.

 

12. Dealings with Third Parties:

Your interactions, correspondence, or transactions with any third party found on or through our Sites and Services, including advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such interactions, are solely between you and such third party. You agree that Dagamma shall not be responsible or liable for any loss, damage, or other matters incurred as a result of such interactions.

 

13. Privacy:

Dagamma’s privacy policy concerning the collection and use of your personally identifiable information is outlined and is incorporated by reference into these Terms of Use. By accessing the Sites and/or Services, you agree to accept our Privacy Policy.

 

14. Disclaimer of Warranties:

THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS, OR SERVICES DISPLAYED, ACCESSED, OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. Dagamma, its Licensors, and their affiliates, suppliers, and agents do not warrant and expressly disclaim any guarantees that: (i) your use of the Sites and/or Services and access to and use of all of the tools and features thereon will be uninterrupted, error-free, or secure; (ii) any information obtained therein is accurate, reliable, or complete; (iii) defects will be corrected; or (iv) any software, services, sites, or server(s) on which the Sites or Services are hosted are free of viruses or other harmful components.

 

15. Limitation of Liability:

NEITHER DAGAMMA NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR SPONSORS SHALL BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, INJURY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY IN CONNECTION WITH: (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF DAGAMMA OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

 

16. Indemnification:

You agree to indemnify, defend, and hold Dagamma and its Licensors, subsidiaries, affiliates, officers, directors, agents, co-branders, or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these Terms of Use; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark, or other intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services.

 

17. Copyright Policy:

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Dagamma infringe your copyright, you or your agent may send to Dagamma a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Dagamma actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Dagamma a counter-notice. All notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the necessary information.

18. Jurisdictional Issues:

Dagamma makes no representation or warranty that the content and materials on the Sites or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws. Dagamma reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area, or jurisdiction we desire, and to limit the quantities of any such service or products that we provide.

19. Termination:

You agree that Dagamma, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites or Services, at any time and for any reason. You acknowledge that any actions taken under this Section may be effective without prior notice to you.

 

20. Governing Law:

These Terms of Use and the relationship between you and Dagamma shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. You and Dagamma irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and provincial courts located within the city of Toronto, in the Province of Ontario, in the Country of Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

21. Waiver and Severability:

The failure of Dagamma to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

 

22. Successors and Assigns:

We may perform any of our obligations or exercise any of our rights under these Terms of Use through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If Dagamma or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms of Use. You may not assign your rights or obligations under these Terms of Use, by operation of law or otherwise, without our prior written consent.

 

23. Arbitration Clause:

ARBITRATION NOTICE: Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Toronto, Ontario before a single arbitrator. The arbitration shall be administered by JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

To the fullest extent permitted by law, you agree that (I) no arbitration shall be joined with any other; (II) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (III) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. If the specific provision of this paragraph is found to be unenforceable, then the entirety of this Section entitled “Binding Arbitration” shall be null and void.

 

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.

 

24. Updates:

We may modify these Terms of Use at any time, as we deem appropriate. If you disagree with the changes to the Terms of Use, you must discontinue your use of the Sites and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Sites or Services following such notice signifies your acceptance of the modified Terms of Use. It is your responsibility to review the Terms of Use regularly to be aware of such modifications. We reserve the right to modify or discontinue the Sites or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Sites or Services. If you object to any such changes, your sole recourse will be to cease access to the Sites or Services. Continued access to the Sites or Services following notice of any such changes will indicate your acknowledgment of such changes and acceptance of the Sites or Services as so modified, and your use of new Services will be governed by these Terms of Use.