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Terms of Use

Welcome to the babykick™ website. This website is owned, operated, and maintained by VoiKex, Inc., of Manhattan Beach, CA. We provide the following information to assure you that we are concerned about and respect your privacy while you are visiting our website. We will not sell, lease or rent your confidential information. However, if it is necessary, we will share information for legal reasons. We will always endeavor to take steps to assure that any information you provide to us will remain secure. We want you to feel safe in your online experience while visiting our website. We therefore request that you take a moment to review the following information.

Use of the Website

The babykick website is, in part, an online store from which you may purchase babykick products, and obtain pregnancy information, tips and other content, and is provided for educational and/or informational purposes only, and is not a substitute for proper medical diagnosis, care, advice or treatment related to your pregnancy. Any information found on this website should be discussed with and be used only under the guidance of your health care professional. Consult your healthcare provider for information regarding your pregnancy care. VoiKex, Inc., is not responsible for the accuracy, reliability, effectiveness, or correct use of information or for any health problems that may result from use of the website.

You should understand that all information, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages or other materials, (the "Materials"), are the sole responsibility of the person from which such Materials originated. This means that you, and not VoiKex, Inc., are solely responsible for all Materials that you upload, post, email, transmit or otherwise make available (collectively "Upload") via any portion of the website. We do not control all of the Materials posted via the website and, as such, cannot and do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the website, you may be exposed to Materials that may be offensive or objectionable. Under no circumstances will VoiKex, Inc., be liable in any way for any Materials, including, but not limited to, for any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials uploaded via the website. You agree to not use the website to: (i) upload any Materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, including, but not limited to, a VoiKex, Inc., representative, or misrepresent your affiliation with a person or entity; (iii) upload any Materials that you do not have a legal right to make available or that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (iv) upload any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any Material that contains software viruses or the like. You understand and agree that VoiKex, Inc., does not pre-screen Materials, but that we and our designees shall have the right in our sole discretion to refuse or remove any Materials posted to the website.

VoiKex, Inc., makes no representations with respect to the contents hereof and specifically disclaims any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose. The material provided on this website is designed for educational and/or entertainment purposes only.

The compilation of information on this website, including the design and organization is copyrighted and may not be reprinted or electronically reproduced. Information copyrighted or owned by any individual or entity other than VoiKex, Inc., is for personal use only. Permission to reprint or electronically reproduce any document in part or in its entirety is expressly prohibited unless prior written consent is obtained from the rightful owner or VoiKex, Inc.

Privacy Policy

Our policy regarding the collection and use of your personal information is found in our Privacy/Security Policy statement.

Liability

The Materials on this website may contain inaccuracies or typographical errors. VoiKex, Inc., thus makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about any results to be obtained from using the website and the Materials. Changes are periodically made to the website and may be made at any time. Some Materials on the website may be provided by third parties and VoiKex, Inc., shall not be held responsible for any such Materials provided by third parties. Any use of the website or the Materials is at your own risk.

VOIKEX, INC., DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL INFORMATION OR DATA. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT, OR LOSS OF PROFITS OR DATA, VOIKEX, INC., IS NOT RESPONSIBLE FOR THOSE COSTS.

Links to Other Websites

This website may contain links to third party websites that are maintained by others. VOIKEX, INC., is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party Web websites. If you access linked third-party websites, you do so at your own risk.

Limitation of Liability & Damages

Your use of this website is at your own risk. If you are dissatisfied with any of the Materials or other contents of the website or with these Terms and Conditions, your sole remedy is to discontinue use of the website. UNDER NO CIRCUMSTANCES SHALL VOIKEX, INC., BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEBSITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.

Disclaimer of Certain Damages

IN NO EVENT SHALL VOIKEX, INC., ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VOIKEX, INC., IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

Indemnity

You agree to defend, indemnify, and hold harmless the VoiKex, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of any website Materials, or your breach of the terms of this Agreement. VoiKex, Inc., shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Changes

VoiKex, Inc., reserves the right to revise or modify these Terms from time to time by posting such modification on this website.

Trademarks, logos, and service marks

"babykick", "kickTrak", "Make Every Kick Count", "Count Kicks for Peace of Mind" and other logos, and product and service names are trademarks of VoiKex, Inc., and/or its affiliates and cannot be used or displayed in any manner without prior permission. Any other Marks used on the website are trademarks of their respective owners. The contents of this website, such as text, domain names, taglines are protected by copyright, trademark and other such laws under both United States and foreign laws. Unauthorized use of the materials may violate copyright, trademark, and other laws. If you would like information about obtaining the Company's permission to use the Materials on your website, e-mail VoiKex, Inc., at info@babykick.com.

Copyright

The copyright in all material provided on this website is held by VoiKex, Inc., or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of VoiKex, Inc., or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this website for personal, non-commercial use only, provided you do not modify the materials, and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without prior written permission, "mirror" any material contained on this website on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

General Information

This website is controlled, operated and administered by VoiKex, Inc., from its offices within the United States of America. You may not use the website or export the Materials in violation of U. S. export laws and regulations. If you access this website from a location outside of the United States, you are responsible for compliance with all local laws.

This Agreement constitutes a legally enforceable agreement between VoiKex, Inc., and you with respect to your use of the website. The Terms of Use and the relationship between you and VoiKex, Inc., shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions. You and VoiKex, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. Any cause of action you may have with respect to your use of the VoiKex Services must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

User Information

VoiKex, Inc., may use the information it obtains relating to you, including, but not limited to, our Internet Protocol ("IP") address, name, mailing address, email address and use of the website, for its internal business and marketing purposes and may disclose the information to third parties for such purposes, subject to the privacy specifications set forth in the Privacy/Security Policy.

Acceptance of Terms and Conditions of Use

Use of this website is subject to certain Terms and Conditions of Use, which constitute a legal agreement between you and VoiKex, Inc. By using this website, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions of Use.

Contact Us

If you have questions, comments, or feedbacks about the Terms of Use of this website you can contact us at info@babykick.com

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Copyright 2007 VoiKex, Inc. All Rights Reserved. The information contained on this site is for educational purposes only and is not meant for diagnosis or treatment.
Any information found on this site should be discussed with and used under the guidance of your health care professional.
babykick, kickTrak, count kicks for peace of mind, are trademarks of VoiKex, Inc. U.S. and foreign patent pending.
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