Terms of Use

Welcome to BABYFRIENDLYUSA.ORG, a website owned and operated by Baby-Friendly USA, Inc., a nonprofit corporation with a principal place of business at 125 Wolf Road, 402, Albany, New York 12205 (sometimes referred to as “BFUSA”).

Please read these Terms of Use carefully. By accessing or using any of BFUSA’s Internet properties including, without limitation, www.babyfriendlyusa.org, mobile sites, mobile applications, social media sites, any other digital services or properties operated by BFUSA from time to time (collectively referred to as the “Sites”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”). Please read these Terms of Use carefully as well as well as BFUSA’s Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Sites.

User Representations/Responsibilities

You must be 18 years or older to use the Sites. When you access the Sites, you represent and warrant that you are 18 years or older and that you have the ability and authority to enter into contracts in the jurisdiction in which you reside.

To access the Sites, you may be required to create a unique user name and password. You are responsible for maintaining the security and confidentiality of your user name and password. Your user name and password are personal to you and you may not allow any third party to use them. BFUSA is not liable for any harm caused by the theft, misappropriation, disclosure, or unauthorized use of your user name or password. Contact BFUSA immediately if you become aware of or believe there is or may have been any unauthorized use of your user name or password.

Intellectual Property Rights

The trademarks, service marks, logos, brand names, trade dress, as well as other content such text, photographs, audio and video material, and artwork (collectively, the “Content”) on the Sites is the property of BFUSA, its licensors, members, or other third parties and is protected by copyright, trade secret, and trademark law, as well as other law and regulations.

The Content may not be reproduced, duplicated, copied, or otherwise used for any commercial purpose without the prior express written consent of BFUSA or the owner of the Content if BFUSA is not the owner. You may not modify or change the content in any way or remove or change any copyright, trademark, or other notice.

No right, title or interest in any downloaded materials is transferred as a result of any such downloading.

User Generated Content

When you post any content (a “Submission”) to any of the Sites, you represent to BFUSA that you have all of the necessary legal rights (whether by ownership, license or otherwise) to post the Submission. You may not post any Submission that (i) violates or infringes upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contains defamatory or otherwise unlawful material.

By posting a Submission you grant BFUSA a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submission, which includes the right for BFUSA, or any third party BFUSA designates, to use, copy, publish, distribute, publicly display and perform, and create derivative works of the Submission in any form or media now known or hereinafter developed. Any Submission that you make to any of the Sites may be edited, removed, modified, published, transmitted, and displayed by BFUSA and you waive any rights you may have in in any modified material in any Submission.

You are solely responsible for the content of your Submission. BFUSA has the right, but not the obligation, to review Submissions and to delete or edit any Submission that BFUSA deems, in its sole discretion, unacceptable for any reason.

Notification of Claims of Copyright Infringement

BFUSA will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent of a copyright owner and believe that any content on any of the Sites infringes on your copyright, you may submit a notification pursuant to the DMCA to BFUSA’s designated agent:

Anita McLaughlin, COO
Baby-Friendly USA, Inc.
125 Wolf Road, Suite 402
Albany, New York 12205
techie@babyfriendlyusa.org
(518) 621-7982

Please include the following information in writing:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that has allegedly been infringed;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing that is reasonably sufficient (through URL or otherwise) to allow BFUSA to locate the material on the Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement, under pains and penalty of perjury, that your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
  • Information, if possible, sufficient to permit BFUSA to notify the party that posted the alleged infringing content.

Any person that knowingly misrepresents that materials are infringing shall be liable to BFUSA for any damages (including costs and attorneys’ fees) incurred as a result of removing or disabling access to the alleged infringing material.

Links

The Sites may contain links to third party websites. The inclusion of links on the Sites does not imply endorsement by BFUSA of any goods or services any third-party or of any third-party websites. If you choose to access third party websites linked to the Sites, you do so at your own risk.

Lawful Use

The Sites may be used for only lawful purposes. By use of any of the Sites, you agree to:

  • Follow these Terms of Use and all applicable laws;
  • Provide only truthful and accurate information;
  • Not take any action that might compromise the security of the Site or disrupt the operation of the Site;
  • Not impersonate anyone else or otherwise misrepresent your identity, affiliation or status on any of the Sites;
  • Not upload to any of the Sites any malware, viruses, spyware, or other malicious software; and
  • Not to use the Site in any manner that might interfere with the rights of third parties.

BFUSA reserves the right, but not the obligation, to contact appropriate authorities and to provide those authorities with information regarding any illegal or potentially illegal use of any of the Sites.

BFUSA reserves the right, but not the obligation, to terminate without notice the account and access to the Sites of any user who, in the sole discretion of BFUSA, has engaged in illegal activity or violated these Terms of Use.

Privacy

Although BFUSA has implemented certain security measures, BFUSA cannot guarantee that the web-site will be free from unauthorized intrusion or otherwise guarantee the privacy of information of any user. For further information about privacy, please see BFUSA’s privacy policy.

No Warranty/Limitation of Liability

BFUSA DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY CONTENT OR OTHER INFORMATION PROVIDED THROUGH THE SITES.

BFUSA DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, ERROR FREE, SECURE OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE SITES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND FROM BFUSA. BFUSA DOES NOT MAKE ANY WARRANTIES, WITH RESPECT TO ANY CONTENT, SERVICES, PRODUCTS, OR OTHER MATERIAL PROVIDED THROUGH THE SITES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW YOU RELEASE BFUSA, ITS AFFILIATES, MEMBERS AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEY’S FEES AND COSTS), EVEN IF BFUSA HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, RELATING TO OR ARISING FROM YOUR USE OF THE SITE (OR INABILITY TO USE THE SITE) OR THE USE OF ANY CONTENT OR INFORMATION CONTAINED ON THE SITE. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

Indemnity

YOU ARE PERSONALLY RESPONSIBLE FOR YOUR CONDUCT WHILE ON THE SITE. WHEN YOU ACCESS THIS SITE, YOU AGREE TO IDEMINIFY AND HOLD BFUSA, ITS AFFILIATES, MEMBERS AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS AND THE OTHER USERS OF THIS SITE FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES OR EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATING TO YOUR USE OF THE SITE.

Governing Law/Interpretation

These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Use shall only be effective if in a writing signed by an authorized officer or representative of BFUSA. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New York in the United States without regard to choice of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts of the State of New York and to waive any objection as to venue or forum.

If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.

Changes to Terms of Use

BFUSA reserves the right to modify or change these Terms of Use at any time. We will post significant changes to these Terms of Use on this page, which shall be your notice of the change. If you continue to use the Sites after the change has been posted, you will be deemed to have agreed to the change. Therefore, BFUSA encourages you to check these Terms of Use frequently.

Arbitration

Except for a claim of breach of a party’s obligations regarding Intellectual Property, any dispute between you and us shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator and shall be conducted in Albany, New York. Judgment upon the arbitral award may be entered by any court having jurisdiction.

WAIVER OF JURY TRIAL

THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal.

Questions

Please contact us with any questions or concerns that you may have regarding BFUSA’s Terms of Use by using the “Contact Us” button on the Sites.

Last revised August 19, 2021