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.
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.
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.
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 firstname.lastname@example.org. 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.
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.”
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.
The Services are maintained by boober, Inc., based in Brooklyn, New York. All rights are reserved.