OVERVIEW

This Site is operated by Fewer Better Things Inc. (“HealthyBaby”). Throughout the Site (as defined below), the terms “we”, “us” and “our” refer to HealthyBaby. HealthyBaby offers its Site, i.e., https://healthybaby.com/ (the “Site”), including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting the Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (these “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including, without limitation, our Privacy Policy. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Site or use our Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change, remove or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. You must not interfere or tamper with the functioning of the Site, nor may you attempt to gain access to information or control of the Site not specifically granted to you.

You agree that any order placed by you on our Site is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. You must not knowingly provide or post any false, misleading, or fraudulent information.

Our online store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e commerce platform that allows us to sell our products and services to you. For more information about Shopify and the services it provides, please visit their Terms of Service here.

Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene or otherwise inappropriate or disruptive.

A breach or violation of any of these Terms will result in an immediate termination of our Services to you.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse Service to anyone, for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time and in our sole discretion. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Please note that if you are accessing the Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.

SECTION 5 – PRODUCTS OR SERVICES (as applicable)

Certain products or services may be available exclusively online through the Site. These products or services may be limited in quantity.

We have made every effort to display as accurately as possible the colors and images of our products that appear in our store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We do not make any warranty regarding the effectiveness of any products, and none of our products are intended to diagnose, treat, mitigate or prevent any disease. Further, neither our products nor any claims about our products have been evaluated by the U.S. Food and Drug Administration or any similar regulatory body.

Any information present on the Site is not a substitute from qualified healthcare professionals, and you should consult with such a professional before deciding to use any of our products.

You should also be aware that some of our products or certain uses thereof may not be permitted in certain jurisdictions. You agree that you are responsible for ensuring that your intended use of any product is permitted in your jurisdiction of residence prior to purchasing or ordering such product. We disclaim all liability for any unlawful use of our products.

You agree to fully cooperate with us and provide all reasonable assistance in the event that we recall any products. If we recall products, we will do so at our sole expense and in our sole discretion. If you suspect there is a possibility of us needing to recall any products, please notify us at the contact information provided in Section 25 (Contact Information).

If you sign up for Subscription, your participation in Subscription (and the recurring shipment of Subscription orders based on your initial Subscription order and your obligation to pay the charges associated with each such order) will continue indefinitely until you affirmatively cancel Subscription in accordance with this Section or as otherwise expressly set forth in these Terms of Service. When you sign up for Subscription, you will make an initial selection of the type, size, and quantity of products you wish to order and receive in your first delivery, which will be sent for fulfillment upon check-out (“Initial Subscription Order”). Unless you terminate Subscription or otherwise make changes to your selections (e.g., changes in product type, size, or quantity to be delivered, changes in delivery schedule, or electing to pause your account) via your account, we will automatically ship to you the same order as your Initial Subscription Order at the start of every period that you selected (each, an “Subscription Order”). Some of your products in the Subscription Order or offer details may change during your participation in Subscription (for example, price, taxes, availability, shipping charges). If any such details change during your participation in Subscription, we will provide you a notice to the email associated with your account. If the product is unavailable when we plan to ship your Subscription Order, you authorize us to, in our discretion, fulfill your order with a newer product that we believe will meet your expectations, to delay the shipment of your Subscription Order until such time as the product is available, or cancel such product from your Subscription Orders[JA1] . IF AT ANY TIME YOU DO NOT WISH TO CONTINUE PARTICIPATING IN SUBSCRIPTION, OR IF YOU WISH TO MAKE CHANGES TO YOUR PRODUCT SELECTIONS OR THE FREQUENCY AT WHICH RECURRING SUBSCRIPTION ORDERS ARE SHIPPED, YOU CAN (I) LOG INTO YOUR ACCOUNT AND CLICK ON “MANAGE SUBSCRIPTION” ON THE DASHBOARD PAGE, OR (II) EMAIL SUPPORT@HEALTHYBABY.COM. You may pause your participation in Subscription for up to 4 weeks. When you choose to pause your participation in Subscription, you will not receive any products associated with your Subscription shipments until the next scheduled shipment date. If you cancel your participation in Subscription, we will cancel all subsequent Subscription Orders (other than shipments for Subscription Orders that you made and have already begun processing at the time we receive your notice of cancellation). You will be charged for any shipment(s) of Subscription Orders that you made and have begun processing at the time we receive your notice of cancellation. We may, in our sole discretion, terminate your participation in Subscription at any time with or without notice. If we do so, you will only be charged for Subscription orders that have been shipped to you. Participation in the Subscription program is void where prohibited.

SECTION 6 – NO MEDICAL ADVICE

The information contained on our Site, or provided at your request, is provided for informational purposes only and is not intended to be medical or health care advice. While we may offer some products on our Site that are classified as food, beverage, or dietary supplements products regulated by the Food and Drug Administration, we do not market or sell such products for the purposes of diagnosing, treating, curing or preventing any disease. We do not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. Information found or received through our Site should not be used in place of a visit with, call to, consultation or advice from a health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. Before using any products offered on our Site, carefully read all labels and heed all directions and cautions that accompany the products. To the greatest extent permitted by applicable law, you assume all risks associated with the use of the products, except where expressly prohibited by applicable law.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8 – SHIPPING, RETURN AND REFUND POLICY

Our shipping and return policies can be found here. The terms and conditions of the shipping and return policies are incorporated herein by reference. We may amend or modify the the terms and conditions of the shipping and return policies at any time and without prior notice.

Our refund policy can be found here. The terms and conditions of the refund policy are incorporated herein by reference. We may amend or modify the the terms and conditions of the refund policy at any time and without prior notice.

Without limiting the foregoing, We, in our sole discretion, determine the eligibility of any refund and whether or not such refund complies with our refund policy.

SECTION 9 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control and/or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties or hypertext links leading to Sites that are not operated or controlled by us. Third-party links on this site may direct you to third-party Sites that are not affiliated with us. We are not responsible for these Sites. We have no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of these Terms. We do not make any representation or warranty about the content or accuracy of the material on any such site. We disclaim all liability and responsibility for any third-party materials or sites, and for any other materials, products, and services of third parties. We also disclaim all liability and responsibility for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Sites. Please carefully review the third-party site’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. Viewing and any action taken on such third-party sites is entirely at your own risk.

SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You acknowledge that you are responsible for any material you may submit via the Site or otherwise to HealthyBaby, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to HealthyBaby any content that: (a) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (b) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (c) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not upload commercial content onto the Site.

If you submit material via any means to HealthyBaby, unless we indicate otherwise, you grant HealthyBaby and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that HealthyBaby is free to use any creative ideas, suggestions, proposals, plans, ideas, concepts, and know-how (collectively, “Comments”) that you or individuals acting on your behalf provide to HealthyBaby. You grant HealthyBaby and its affiliates the right to use the name you submit in connection with such Comments, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify HealthyBaby for all claims resulting from the content you supply.

If you provide to us any Comments, whether related to the Site or otherwise, and you hereby acknowledge and agree that such Comments are not confidential, and that your provision of such Comment is gratuitous, unsolicited and without restriction, and does not place HealthyBaby under any fiduciary or other obligation to you.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comment that you forward to us. We are and shall be under no obligation (i) to maintain any Comment in confidence; (ii) to pay compensation for any Comment; or (iii) to respond to any Comment.

We may, but have no obligation to, monitor, edit or remove any Comment that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comment. You are solely responsible for any Comment you make, or that is affiliated with your account or username, and its accuracy and lawfulness. We take no responsibility and assume no liability for any Comment posted by you or any third party.

SECTION 12 – FORUMS, BLOG AND SOCIAL MEDIA

“Forum” means an area, site or feature offered as part of the Site that offers the opportunity for users to post content for viewing by one or more website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). Additionally, “Forum” includes any other website page created by HealthyBaby, on one or more social media pages, including, but not limited to Facebook, Twitter, Instagram and Pinterest.

You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot guarantee the security of any information you disclose through any of these Forums; you make such disclosures at your own risk. You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

• publish or make any claims about any product or services that are false or misleading or post any testimonial about products or services that you have not used;

• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

• upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

• advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages;

• conduct or forward surveys, contests, pyramid schemes or chain letters;

• download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner;

• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

• restrict or inhibit any other user from using and enjoying a Forum;

• violate any code of conduct or other guidelines which may be applicable for any particular Forum;

• harvest or otherwise collect information about others, including e-mail addresses, without their consent; or

• violate any applicable laws or regulations.

You are and shall remain solely responsible for the content you post on or through these websites under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. HealthyBaby, markets and sells various creams, lotions, cleaners, soaps, wipes, diapers, and supplement products. These products are not intended to diagnose, treat, cure, or prevent any disease. HealthyBaby, and the administrators of these websites and any Forum on these websites reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations issued pursuant to the Federal Food, Drug and Cosmetic Act.

We reserve the right to terminate your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on these websites.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.

SECTION 13 – TESTIMONIAL DISCLAIMER

In accordance with the Federal Trade Commission guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following: the people giving testimonials and consumer stories appearing on HealthyBaby platforms and social media may have been compensated with free products or discounts for use of their experiences. Testimonials and consumer stories appearing on HealthyBaby platforms are received in various forms via a variety of submission methods. The testimonials and consumer stories reflect the real-life experiences and opinions of individuals who used our products and/or services. However, individual results may vary, and results may not be typical. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials and consumer stories are not necessarily representative of what anyone else using our products and/or services may experience. Results may vary depending on a multitude of factors, including: age, gender, physical condition, exercise routine, concomitant products used, health history, lifestyle and diet. The testimonials and consumer stories displayed are given verbatim except for grammatical or typing error corrections. Some testimonials or consumer stories may have been edited for clarity or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. HealthyBaby is not responsible for the opinions or comments posted on HealthyBaby platforms and social media, and does not necessarily share the opinions, views or commentary of postings on HealthyBaby platforms and social media. All opinions expressed are strictly the views of the poster or reviewer. Testimonials and consumer stories on HealthyBaby platforms and social media are not intended, nor should they be construed, to diagnose, treat, cure, mitigate or prevent any disease. To the contrary, our products are not intended to diagnose, treat, cure, or prevent any disease. Information provided by HealthyBaby platforms and social media is not a substitute for individual medical advice. Statements made on HealthyBaby platforms and social media have not been evaluated by the U.S. Food and Drug Administration.

SECTION 14 – PERSONAL INFORMATION

Your submission of personal information to us is governed by our Privacy Policy.

In the event the Site is ever structured such that you are able to create an account on the Site, you will be required to be at least eighteen (18) years old to create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from HealthyBaby and its affiliated entities.

By creating an account, making a purchase, or otherwise providing your contact information to HealthyBaby, you expressly consent to receive transactional communications from us, including but not limited to order confirmations, shipping updates, account notices, and other administrative messages.

In addition, you may be asked to consent to receive marketing or promotional communications (including via email, SMS/text messages, push notifications, and other electronic means). By providing such consent, you authorize HealthyBaby and its affiliates to send you such communications using the contact information you have provided. You acknowledge that message and data rates may apply for SMS/text communications and that your wireless carrier’s standard charges, data rates, and other fees may apply.

You may opt out of marketing or promotional communications at any time by following the unsubscribe instructions included in those communications, adjusting your account preferences, or contacting us at [support@healthybaby.com]. Opting out of marketing communications will not affect your receipt of transactional or administrative messages.

You are responsible for ensuring that the contact information you provide is accurate and up to date. HealthyBaby is not liable for any delayed, misdirected, or undelivered communications caused by your failure to maintain current contact information.[AB2]

SECTION 15 – MINORS AND CHILDREN

The Site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised or by registering for an account, you warrant that you are at least 18 years of age or older.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (https://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that HealthyBaby does not endorse any of the products or services identified on such sites.

SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Site should be taken to indicate that all information in the Service or on any related Site has been modified or updated.

SECTION 17 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Site, other Sites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Site, other sites, or the internet. We reserve the right to terminate your use of the Service or any related Site for violating any of the prohibited uses.

SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall HealthyBaby, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any product procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In no case shall HealthyBaby be liable for any recommendations, health claims, statements or any other advice or information provided on the site or through any other forms of communication. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY , FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

SECTION 19 – INDEMNIFICATION

In addition to the indemnity obligations contained elsewhere in these Terms, you agree to indemnify, defend and hold harmless HealthyBaby and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, arising from or related to: (a) your use of the Site; (b) any material you transmit using the Site; (c) any third party claims relating to your breach, or alleged breach or misuse of products or violation or alleged violation of applicable law; or (d) your violation, breach or alleged violation or breach of these Terms of Service, including any claim or liability under the telephone consumer protection act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.

SECTION 20 – COPYRIGHT AND INTELLECTUAL PROPERTY

The content of the Service, including, without limitation, the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are and shall remain the exclusive property of and owned by HealthyBaby or our affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.

Except as expressly provided in this Section 20, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.

All of the content made available through the Site, including, but not limited to, all text and images (“Content”), and all software used to make the Site available are and shall remain the property of HealthyBaby and/or its licensors and suppliers (as applicable), and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time, we may permit you to download and view one (1) copy of selected Content on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms of Service, and solely for so long as you are permitted by HealthyBaby to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by HealthyBaby, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Service, all or any part of the Site, or any Content made available through the Site.

Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of HealthyBaby or others. Your use of any Content, except as provided in these Terms of Service, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by HealthyBaby, whether registered or unregistered, may not be used in connection with any product or service that is not owned by HealthyBaby. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of HealthyBaby’s trade names, trademarks or service marks without our express prior written consent. HealthyBaby will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

SECTION 21 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Any such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our Site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms or our Service at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

You agree that HealthyBaby, in its sole discretion, may terminate your username, password, account (or any part thereof), or use of the Site, and remove and discard any content within the site, at any time and for any reason. Upon termination, HealthyBaby, in its sole discretion, may terminate any points, credits or balances in your account and any such points, credits or balances are forfeited upon termination of the account. In such event, and with respect to any use of the site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section 22 may be effective without prior notice to you.

SECTION 23 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and all policies and operating rules posted by us on this Site or with respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Delaware without regard to any conflict of laws principles.

SECTION 25 – DISPUTE RESOLUTION AND BINDING ARBITRATION

YOU AND HEALTHYBABY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section Error! Reference source not found.. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If more than twenty-five (25) demands for arbitration of a dispute or claim are initiated (i) that involve questions of law or fact common with any disputes or claims between you and HealthyBaby or its agents that in any way arise out of or related to these Terms of Service or any aspect of the relationship between you and HealthyBaby (the “Dispute(s)”) and (ii) where the initiating parties are represented by the same law firm(s) or organization(s) or the demands are presented by or with the assistance or coordination of the same law firm(s) or organization(s), then such demands, including yours, shall be coordinated pursuant to this paragraph. The group of claimants and group of respondents shall each select five (5) demands, for a total of ten (10), to be filed with AAA (collectively the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned to a different arbitrator chosen from its national roster. While the Bellwether Demands are adjudicated, no other demand for arbitration that is subject to this section may be filed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Demand(s) with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance.

You agree to cooperate in good faith with HealthyBaby and AAA to implement the Bellwether Demands approach, including the payment of combined reduced fees, set by AAA in its discretion. Any party may request that AAA appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as whether the Bellwether Demands process is applicable or enforceable. In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s costs shall be paid by HealthyBaby, unless the Administrative Arbitrator determines that the party seeking a decision by the Administrative Arbitrator did so by raising issues that were frivolous, asserted in bad faith, or pursued for purposes of harassment, in which case the losing party shall pay all costs associated with the Administrative Arbitrator’s decision.

The results of the Bellwether Demands will be given to a mediator from AAA selected from an initially proposed group of 5 mediators, with HealthyBaby and the non-Bellwether Demands claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands. After the results are provided to the mediator, HealthyBaby, the mediator and the remaining claimants will have 60 days (the “Mediation Period”) to agree on a resolution.

If the Mediation Period expires without a resolution or other agreement to the substantive methodology for resolving the outstanding demands (or if the Bellwether Demands process is determined by the arbitrator or court of competent jurisdiction to be void or unenforceable), either HealthyBaby or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period (or within 60 days of a determination the Bellwether Demands process is void or unenforceable). If neither HealthyBaby nor the remaining claimants opt out, the arbitrations may proceed as individual arbitrations.

No arbitration award or decision shall have any preclusive effect in other arbitrations or other litigation, except to preclude the same or similar claims from being re-litigated between the same parties.

If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay the portion of any AAA filing fees, administrative fees, and arbitrator fees in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive compared to the costs of litigation, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith or for purposes of harassment, in which case such filing fees, administrative fees, and arbitrator fees may be imposed upon you consistent with the applicable AAA rules. Unless otherwise expressly stated in this Section 25 or otherwise provided by the arbitration rules and/or applicable law, each party is responsible for its own attorney’s fees.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

SECTION 26 – FORCE MAJEURE

HealthyBaby shall not be liable or responsible, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond HealthyBaby’s reasonable control. Such acts or circumstances include, without limitation: acts of God, flood, fire, earthquake, storm, epidemic, pandemic, or other natural disaster; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; government order, law, or action; embargoes or blockades; national or regional emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances; shortage of adequate power, telecommunications, transportation facilities, or supplies of raw materials; supply chain disruptions; or any other event beyond HealthyBaby’s reasonable control.

HealthyBaby’s obligations shall be suspended for the duration of such event, and HealthyBaby shall use reasonable efforts to mitigate the effects of the event and resume performance as soon as reasonably practicable.

SECTION 27 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at support@healthybaby.com.

SECTION 28 – CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to us a written notice by mail or email to the respective addresses set forth below requesting that we remove such material or block access to it. If you believe in good faith that HealthyBaby has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

Notices sent under this Section may be mailed to:

Fewer Better Things Inc.

21 Warren Street

New York, NY 10007 [Note: Confirm.]

Notices sent under this Section may be emailed to support@healthybaby.com.

SECTION 29 – COMMUNICATION

We may communicate with you by email or by posting notifications on this Site. You understand and agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Effective Date: August 25, 2025