Boober Terms of Use
Welcome to boober. By visiting getboober.com (the “Website”) on any computer, mobile phone, tablet, console or other device, or using any features offered through the Website or any affiliated applications, tools or features you signify that you have read, understand and agree to the terms and conditions of use set forth herein, along with any rules, policies and procedures instituted from time to time (“Terms of Use”). These Terms of Use are between you and boober, Inc., the owner of the Website, its affiliates and subsidiaries (collectively, “boober”). When used in these Terms of Use, “we”, “us” and “our” mean boober. By entering, accessing, browsing, submitting information to or otherwise using the Website, you acknowledge and agree to these Terms of Use, on behalf of yourself and your minor child, as applicable, and represent and warrant that you possess the legal right and ability, on behalf of yourself and each minor child of whom you are a parent or legal guardian, to agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Website.
Services. Boober is an online platform that offers access to on-demand lactation support, prenatal care providers, postpartum care providers, birth doulas and other birth and maternity-related consulting services (collectively, the “Services”) through our network of prenatal, childbirth, breastfeeding and newborn care providers (collectively, “Care Providers”). While boober facilitates access to the Services by connecting Website users and Care Providers, boober does not provide medical services or advice and, in any event, the Services themselves may not constitute medical care or advice. .
In addition, the content on the Website is not and should not be considered medical advice or a substitute for individual medical advice, diagnosis or treatment. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding the health or medical conditions of you and your child. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. Likewise, if your child has or you suspect that your child has a medical problem or condition, please contact a qualified healthcare professional immediately.
USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR HEALTH OR THE HEALTH OF YOUR CHILD, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
These Terms of Use apply to the Services currently offered by boober as well as Services that may be offered in the future. Boober reserves the right to change, suspend or discontinue any aspect of the Services at any time, including the nature of the Services offered, databases, hours of availability and software needed for access or use. The Services are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to children (persons under the age of 18) or to any user whose use of the Services has been suspended or revoked. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to these Terms of Use. Boober reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion.
Care Provider Qualifications. Your care is solely the responsibility of you and your Care Provider(s). We attempt to confirm the credentials of all Care Providers and to validate that they are in good standing with their respective licensure board(s). However, we are not responsible for credentialing Care Providers, we make no representation regarding the accuracy of Care Providers’ credentials and we expressly disclaim any liability for fraudulent credentials or claims by Care Providers. In addition, changes in your Care Provider’s professional status could occur between the time we perform an initial credential check and the time you select your Care Provider. We recommend that you separately confirm that your Care Provider is in good standing with his or her respective licensing board(s). As part of our online platform, we may provide profile pages for Care Providers to enable them to post relevant information about their education, training, experience and areas of specialization. Care Providers are solely and exclusively responsible for the content of their respective profiles, and we expressly disclaim any and all liability for the content of the Care Provider profiles, including the accuracy or reliability of any information contained therein.
Content. Boober may present you with information, content and features, including graphics, articles, commentary, statistics, data, product information, advertisements, video and audio files, calendars and event information, and the Services may also include third-party materials, software and features made available to you by virtue of a license, grant or some other form of agreement (collectively, “Website Content”). Boober is not responsible for inaccurate or incomplete information provided through the Website, makes no representations as to the quality, accuracy or completeness of Website Content and does not assume any liability for any loss that may result from the reliance by any person upon any Website Content or Services.
Registration. You may be permitted to register for the Services by providing your personal information, email address and certain other information collected by boober (collectively, “Account Information”). You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Website, will be true, accurate, current and complete.
Communicating through the Platform. Boober may enable you to communicate with other users and Care Providers using direct messaging or other communication channels on the Website. You agree to abide by any specified rules of conduct for using these channels and you accept that boober may scan, monitor, review, read, store, and analyze messages made through these channels at its sole discretion and in accordance with the Privacy Policy.
Ownership and Use of Content. Except as otherwise set forth herein, as between you and boober, all Website Content is owned by boober and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. Use of the Website Content on any other website or in a networked computer environment for any purpose, or any republication or redistribution of the Website Content, including framing the Website Content within another website, is expressly prohibited without the prior written consent of boober. Nothing in these Terms of Use shall be interpreted as granting any license or intellectual property rights to you. Please contact us @ [email protected] with any licensing inquiries.
Access Rights. We hereby grant to you a limited, non-exclusive, nontransferable right to access the Website and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us. We reserve the right, in our sole discretion, to deny or suspend use of the Website or Services to anyone for any reason.
Limitation of Use. You agree that you will not, and will not attempt to:
- impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
- use the Website or Services to violate any local, state, national or international law;
- reverse engineer, disassemble, decompile or translate any software or other components of the Website or Services;
- distribute viruses or other harmful computer code through the Website; or
- otherwise use the Services or Website in any manner that exceeds the scope of use granted above.
Furthermore, you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal data about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) use abusive language and behavior which could be regarded as inappropriate, or engage in conduct that is unlawful or illegal, when communicating with Care Providers; or (v) contact Care Providers for Services outside of the Website without boober’s express written consent. Boober is not responsible for any interactions with Care Providers that are not conducted through boober.
Fees and Billing. You agree that you are solely responsible for all fees or charges for the Services pursuant to the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Website uses Stripe, a third-party payment processor, to securely process payments for Services. The entire payment process, including reimbursements, is handled securely online through Stripe. You may be prompted to enter in a credit or debit card information prior to receiving Services. We ask for your billing information when booking Services to verify your identity and to validate your card for payment to your Care Provider. Stripe accepts all major credit and debit cards as well as certain FSA and HSA cards. Depending upon the Services provided or to be provided, your credit card may be charged prior to your visit with Care Provider(s), upon completion of the Services or upon determination that payment is due in accordance with applicable cancellation policies. Furthermore, you hereby acknowledge that charges to your credit card for Services may be made in installments, some portions of which may be charged prior to delivery of Services and may not be refundable. By providing boober with your credit card number, you agree that boober is authorized to immediately charge your account for all fees and charges due and payable to Care Providers in association with Services scheduled or delivered and that no additional notice or consent is required. Boober reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. All payments for Services shall be made to boober, and no payments for Services shall be made directly to Care Providers without the prior written consent of boober.
Mobile Services. The Website contains services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or devices.
Advertisements and Third Party Materials. From time to time, we may incorporate advertising and information, software features and services provided by other users or third parties (“Third Party Materials”). The incorporation of Third Party Materials, whether or not provided by us, does not imply our endorsement, approval or verification of such Third Party Materials or the policies, products or services of any third party. We do not always review Third Party Materials and we are not responsible or liable for their quality, availability or completeness or their compliance with any law, rule or regulation. By providing access to Third Party Materials, boober is not recommending the products, features or services of any third party. Subject to the terms of applicable service or other agreements, we may remove Third Party Materials upon written request by its owner or licensor.
Disputes. Boober reserves the right, but has no obligation, to monitor disputes amongst users or between any user and any third party. In the event a dispute arises, you may email boober at [email protected]. We will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal conduct to local law enforcement.
The Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
(a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); © Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services; (d) The name, address, telephone number, and email address of the complaining party; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and (f) A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see www.copyright.gov for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to these Terms of Use, should be sent c/o David Mitnick, PC, 175 Varick Street, Suite #341, New York, NY 10014. We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.
Intellectual Property. Boober and third party trademarks and service marks may or may not be designated as such from time to time through the SM, TM or ® symbols. You are not authorized to make any use of any names, logos or taglines, including “boober” and the boober Logo, whether or not designated by such symbols, including as embedded search terms or metatags or in any other fashion without the prior written consent of boober. Nothing herein grants you any right, title or interest in any boober materials (including without limitation the Website), names, trade names, trademarks, service marks, taglines and logos, patents, patent applications, formulas, characters, technology or designs (whether or not the subject of a patent application) (together, “ boober IP”). At no time during or after the term of this Agreement will any user, either directly or through any third party or agent, (i) challenge or assist others to challenge the boober IP or the registration thereof; (ii) attempt to register any designs, trademarks, marks, trade names or trade dress confusingly similar to the boober IP, or domain names incorporating any of the same; or (iii) incorporate any boober IP into any third party designs, trademarks, product names, service marks, company names, domain names or any other similar designations, without the prior written consent of boober. If, at any time, you acquire any rights in, or any domain name, trademark or service mark registrations or applications for, any boober marks, names or designations by operation of law or otherwise, you will immediately upon request from boober and at no expense to boober assign such rights, registrations and applications to boober.
General Release. The Services do not include the provision of medical care or professional services by boober. Boober facilitates transactions, contracts and payments between you and any Care Provider. In the event that you have a dispute with one or more users or a person introduced to you through the Services, you agree to release boober, and our officers, directors, agents, subsidiaries and employees from any and all claims, demands, and damages, actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Boober expressly disclaims any liability that may arise between users of the Services or users, the Care Providers, and any other third party.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Minors. Boober does not knowingly gather or solicit data from anyone under the age of 13 through the Services for marketing purposes. Please see our Privacy Policy for additional information.
Availability. Not all of the Services are available in all geographic areas, and boober reserves the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject boober, its licensees or affiliates, to any registration requirement within such jurisdiction or country.
NO WARRANTY. THE SERVICES, FEATURES, PRODUCTS, MATERIALS, CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. BOOBER SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM TO YOU, YOUR PROPERTY OR ANY PERSON OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES.
TO THE EXTENT THAT THE LAW OF YOUR JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM EXTENT LEGALLY REQUIRED.
NO LIABILITY. Boober shall not be responsible for any damages that may arise in connection with your use of the Services or these Terms of Use.
IN USING THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD BOOBER OR ITS AFFILIATES, CONTRACTORS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES OR EMPLOYEES, LIABLE FOR ANY DAMAGES, INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SERVICES (OR ANY OTHER DATA, APPLICATION OR LINKED WEBSITE), OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE OR THE CONTENT, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR OTHERWISE. BOOBER SHALL NOT BE LIABLE EVEN IF IT, OR AN AUTHORIZED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOBER’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES, OR THESE TERMS OF USE IS LIMITED TO THE AMOUNT PAID IF ANY, BY YOU TO BOOBER IN CONNECTION WITH YOUR USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Indemnification. You agree to indemnify, defend and hold harmless boober and its affiliates, and each of their officers, directors, employees, consultants, advisors, agents and representatives from any and all claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services, your breach of these Terms of Use, or your infringement, or infringement by any other person using your account, of any boober IP or other right of boober or any person. These Terms of Use will inure to the benefit of the parties and their successors, assigns, licensors and licensees. The Services and all related products and features are designed for personal and legal uses only. It is your responsibility to comply with all national, state and local laws, rules and ordinances when using the Services. You covenant to cooperate fully in the defense of any claim.
Term & Termination. These Terms of Use shall commence when you first visit the Website or use any feature incorporated into the Services and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. Boober may, with or without cause, immediately terminate these Terms of Use without notice and deny you access to any of the Services at our sole discretion. Without limiting the foregoing, boober has the right to immediately terminate any passwords or accounts created by you in the event that you breach these Terms of Use or engage in conduct that boober, in its sole discretion, considers unacceptable, including abuse of the Services, entering incorrect or inaccurate information or any use of the Services that interferes with boober or any person. If your use of the Services is terminated, you will no longer be authorized to access any boober Websites or applications or use any of the features we offer. In addition, you understand and acknowledge that boober may pursue legal and equitable relief against you if you breach or threaten to breach these Terms of Use.
Changes. The Services and these Terms of Use are subject to change and update by boober at any time without prior notice. Changes may include superseding terms of use. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES. Your continuing use of any boober Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.
Privacy. Please click here for our Privacy Policy.
Applicable Law; Jurisdiction. Persons who access the Services do so at their own initiative and are responsible for compliance with applicable laws and regulations. The laws of the State of New York will govern these Terms of Use, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Use shall be settled in the courts of competent jurisdiction in New York, New York. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude boober from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of the boober IP.
General. These Terms of Use set forth the entire understanding and agreement between you and boober with respect to the subject matter hereof. If any provision(s) of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms of Use without our prior written consent. You are responsible for fees associated with gaining access to the Services, including the fees associated with any equipment necessary to access the internet, including any fees charged by your internet service provider and wireless carrier. The Services may not be maximized for use on all devices or in conjunction with third-party software and operating systems.
The Services are maintained by boober, Inc., based in Brooklyn, New York. All rights are reserved.