I.  Introduction

The policies and terms below describe Beyond Babbles, LLC’s (“Beyond Babbles”, “us,” “our”, “we” or “I”) agreement with you (“you”) when you visit our public-facing websites hosted under the domain https://www.beyondbabbles.com (the “Websites”), except as noted below. By using the Websites, you signify your agreement to these policies. If you do not agree to these policies, you may not use the Websites.

Please note that this Website Privacy Policy and Terms of Use does not apply to your use of any Beyond Babbles telehealth, virtual consultation or other similar offerings. These services are subject to their own terms of use and privacy policies that are available by accessing the applicable service’s login screen. This Website Privacy Policy and Terms of Use also does not apply to the “protected health information” of our patients. The use and disclosure of “protected health information” is governed by our Notice of Privacy Practices.

IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS.

II.    Privacy Policy

We respect your privacy and created this Privacy Policy to let you know what information we collect when you access and/or use our Websites and how we may use or disclose it.

What information do we collect?

We collect information in the following ways:

o   Automatic Collection:  If you download material or browse through the Websites, our servers automatically collect certain information about you which may include: (a) the name of the domain and host from which you access the Internet; (b) the browser software you use and your operating system; (c) the Internet address of the website from which you linked to the Websites; (d) the Internet address of the device you used to access the Websites and the location from which such access occurred; and (e) the time(s) when you accessed the Websites.

o   Voluntary Collection: You may voluntarily enter or otherwise provide information to us on the Websites, such as through a contact request form.  You may also voluntarily provide information to us when you use certain features of the Websites, such purchasing products we make available for sale on the Websites.

How may we use or disclose the information we collect?

We may use or disclose the information we collect to fulfill the purpose for which you provided it or we collected it, such as to:

·       Provide you with information, products, or services that you request from us;

·       Process your purchase of goods from us;

·       Improve, market or promote our products and services;

·       Compile, synthesize, generate and analyze anonymous usage and other aggregated information; and

·       Make product and service recommendations to you.

We may also use or disclose the information we collect for any other purpose we describe when we collect your information or to which you consent.

Cookies: A cookie is a file that a website can place on your computer’s hard drive for record-keeping or other administrative purposes. We may use cookies to help personalize your experience.

Your California privacy rights: California requires commercial website owners and operators to disclose how their website responds to web browser “do not track” signals. If you have enabled your browser for that purpose, at this time, we do not honor “do not track” requests or change our services or information practices in any way as a result of receiving “do not track” requests from your browser.

NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR LEGAL GUARDIANS: BEYOND BABBLES DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13 AND CHILDREN UNDER THE AGE OF 13 ARE SPECIFICALLY PROHIBITED FROM SUBMITTING ANY PERSONAL INFORMATION ON THE WEBSITES. IF YOU ARE UNDER THE AGE OF 13, DO NOT SEND BEYOND BABBLES ANY PERSONAL INFORMATION INCLUDING WITHOUT LIMITATION YOUR EMAIL ADDRESS, NAME AND/OR CONTACT INFORMATION.

III.   Terms of Use

Not Medical Advice: The content on the Websites, including, but not limited to, the text, graphics, images, links, and other materials are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and does not constitute medical or other professional advice. Beyond Babbles does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Websites. Reliance on any information provided herein is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on the Websites.

Terms of Sale: You may purchase certain products we offer for sale on the Websites. If you do, your purchase would be subject to Terms of Sale available.

You may not use the Websites for certain purposes: You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other person’s use of the Websites.

The text, images, information and other material contained on the Websites (“Content”) are proprietary to us and/or our partners and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws. You agree not to modify, copy, distribute, or re-sell any Content or other information obtained from or through the Websites. No right, title or interest in or to the Websites or any Content is transferred to you, and all rights not expressly granted are reserved by Beyond Babbles.

Limitations of Liability: You understand and agree that neither Beyond Babbles nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Websites or the information resources contained or accessible through the Websites. The access to and use of the Websites and the Content is solely at your own risk. Beyond Babbles assumes no liability for ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF DATA OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE WEBSITE. You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms of Use and the Websites would not be provided to you absent such limitations.

Disclaimer of warranty: The Websites and the Content are provided on an “as is” basis. BEYOND BABBLES, ITS LICENSORS, AND ITS PARTNERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IV. General Terms

Legal Provisions: If any provision of these policies is determined by a court of competent jurisdiction to be invalid, all other terms and conditions shall remain in full force and effect. These policies and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of New Jersey, without regard to its conflicts of law principles. You consent to the jurisdiction of the courts of the state of New Jersey.

Links to Other Websites and Social Media: Beyond Babbles is not responsible for the practices or policies of the websites or social media platforms linked to or from the Websites. If you elect to use a link that accesses another party’s website or a social media platform, you will be subject to that website’s or platform’s practices and policies.

How to Contact Us: If you have questions about these policies, you can contact us by email at hello@beyondbabbles.com.

Updates to these Policies: From time to time, we may modify update these policies tour sole discretion. We encourage you to review these policies frequently for such changes. These policies were last updated April 25, 2023.