Thank you for viewing our web pages! We hope they have been helpful and informative for you. Also, thank you for your purchase of our services and/or products!
Terms and Conditions links for quick navigation:
General Disclaimer
- Our rights regarding the content of our website
- Your use of our information
- Copyrights, trademarks and the protected use of the site and the content
Privacy Policy
How you may contact us, and what kind of response to expect from us
Payments, cancellations, and refunds for our services and products
- Payments of Workshop fees
- Payments of Consultation and Troubleshooting Visits fees
- Terms and payments of Telephone Consultation fees
- Refunds of Telephone Consultation fees
- Payments of Extended Infant Care fees
- Payment and refunding of gift certificates
- Regarding the availability of services and products
Client/customer policy:
It has always been BabyComingHome's policy to treat our clients and customers with the same courtesies, considerations, and fairness that we like to be treated with. It will always be our goal to do our best to provide you with fair, honest, and reasonable service of the highest caliber.
We never have liked "small print;" however it appears that not only to add to our good standing, but to protect ourselves from the unreasonable and the unscrupulous, we are required to post our own version.
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Terms of your use of our website:
Please read the following terms of use and disclaimer carefully before using this website. The use of this website BabyComingHome.com is governed by the policies, terms and conditions set forth below. All disclaimers, terms, and conditions, as set out in this website and the privacy policy, shall form part of these Terms and Conditions of use of this website.
These Terms and Conditions and any operating rules for the site established by us constitute the entire agreement between the parties with respect to the content, services, and products offered through this website, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
The section headings used herein are for convenience only and shall not be given any legal import.
By using the Baby Coming Home website, sending an e-mail to our BabyComingHome.com e-mail address, and/or calling our telephone number, you agree to use the site and the services only for their intended lawful purpose and in accordance with applicable laws. Your continued use of this site and the services it provides, and/or of our e-mail address or telephone, constitutes your binding acceptance of these terms and any modifications made. By using this website, or our e-mail address, or by placing an order via the Internet or telephone, or booking our services, or otherwise leaving us a voice mail, you indicate your acceptance of these terms and conditions. If you do not agree to these terms, you may not use these mediums.
Your continued use of the web site and the avenues of contacting us listed on the site after any changes to this agreement are posted will be considered acceptance of those changes. You agree to review these Terms of Use periodically to be aware of such changes or revisions.
You should note that your statutory rights under the current consumer protection laws are not affected (more probably enhanced) by these terms and conditions. Return to Top
General Disclaimer
Our rights regarding the content of our website:
BabyComingHome.com and its agents strive to keep the information on this website accurate, complete, and up-to-date, but this Web site may contain omissions, errors or be incomplete. BabyComingHome.com nor its agents guarantee the accuracy or completeness of any information on this web site. Your use of and browsing in the site are at your own risk.
BabyComingHome.com, at its sole discretion, reserves the right to change or discontinue any content or feature of the site, or impose, change, add, remove, or modify any portion of the terms and conditions of these Terms of Use, in whole or in part, at any time by posting an amended version of the agreement on the web site. Changes in this Terms of Use will be effective when posted.
BabyComingHome.com may terminate, change, suspend or discontinue any aspect of the BabyComingHome.com web site at any time. BabyComingHome.com may also impose limits on certain features and services, or restrict your access to part or all of the BabyComingHome.com web site without notice or liability.
Prices displayed in our web pages and the availability of our services and products may change without prior notice. Return to Top
Your use of our information:
This site and its contents are intended for your personal use. The information provided is intended to assist you in making informed decisions, and to make available to you our services and products.
In no way should it be construed as providing medically professional advice for any individual problem, or a substitute for legal, medical or other professional advice from a qualified medical professional familiar with you or your family. The site does not provide medical advice. Neither BabyComingHome.com, nor its agents are engaged in or licensed to render legal, medical, or psychological services or advice.
We strongly recommend that readers independently verify any information they chose to rely on. Always seek the direct advice of your physician or another health care professional in connection with any questions you may have regarding your own health or the health of your family members.
BabyComingHome.com, and its agents assume no responsibility for any consequence relating directly or indirectly to any actions taken on the information, advice, treatments, and other recommendations made available through this web site. Return to Top
Copyrights, trademarks and the protected use of the site and the content:
All website design, text, graphics, logos, trade names, trade dress, the selection and arrangement thereof, software compilations, underlying source code, software and all other material on this website are subject to copyright which is owned by BabyComingHome.com. All content and graphics on our sites are registered and protected by U.S. copyright and trademark laws, international conventions and other applicable copyright laws, and may not be copied without the express permission of BabyComingHome.com, which reserves all rights. You may not enclose any trademark, logo, or copyrighted material from the site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.
Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the site without the written permission of BabyComingHome.com. The copyright laws prohibit any copying, redistributing, retransmitting, or repurposing of any copyright-protected material. Any reproduction, representation, or other use of these materials herein is expressly prohibited. You may not remove any copyright, trademark or intellectual property notices contained in the original material from any material downloaded or copied from the website. Your use of the trademarks displayed on the site, or any other content on the site, except as provided in these terms and conditions, is strictly prohibited ... this includes rewording our content, also known as plagiarism.
You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, reverse engineer, decompile, dissemble, or in any way exploit any of the content of BabyComingHome.com's web pages, including any textual material, art work, scripts, navigation, its appearance, or any other component, in whole or in part, in any way. You may not create a database by systematically downloading substantial parts of the website. The content, appearance and navigation of this page may not be copied or altered in any way. Copying, distributing or any use of the materials contained on the web site for any commercial purpose is prohibited.
You may only access the site and the content through the interfaces provided by the site. You may not engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic means of obtaining lists of users or other information from or through the BabyComingHome.com web site, including without limitation any information residing on any server or database connected to the BabyComingHome.com web site. You may not obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means. You may not use the BabyComingHome.com web site in any manner with the intent to damage, disable, overburden, or impair the BabyComingHome.com web site. You may not to use the site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may not frame the BabyComingHome.com without written permission of Baby Coming Home. Links from other websites to the BabyComingHome.com website and derivative web pages is prohibited, except with prior written permission.
Images of people or places displayed on the site are either the property of, or used with permission by BabyComingHome.com. The use of these images by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any wrongful or illegal use of the site content.
Permission to use BabyComingHome.com content is only granted on a case-by-case basis.
You are also advised that BabyComingHome.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. Return to Top
Privacy policy
Our use of your information:
We respect your privacy and are committed to protecting your privacy online, and openly disclose our information collection practices and our privacy policy to you.
The information we collect from you is used for the booking of our services, arranging for the care of your infant(s) with our newborn specialists and baby nurses, providing you with our news and updates of our services, order fulfillment, and internal review.
Registration with BabyComingHome.com is necessary to make payment for services and/or for purchases through this site or to receive our news updates. By registering with BabyComingHome.com via the CART, through e-mail, and/or through telephone voice mail and calls, users will create a secure personal profile account.
Users agree to maintain the security of all user identification, password and other confidential information relating to the use of their service account. You agree to immediately notify BabyComingHome.com of any unauthorized use of your registration or password.
The personal data we collect from you will be held and used for the proper administration of our business and in order to provide information services to you, or to answer any questions you may raise. You can be assured that your transactional information is secure, consistent with current industry standard encryption technology. The importance of security for all transactional information associated with our customers is of utmost concern to us.
Baby Coming Home and our service providers agree at all times during the term of their employment with the clients and thereafter, to hold in the strictest confidence any information regarding the clients' personal life, businesses, families. The service providers agree not to use this information, except for the benefit of the client in performing their work; or to disclose to any person, firm or corporation, except for Baby Coming Home for record keeping purposes, without written permission by employer. This means, for example, our service providers will not use any confidential information about you to write a book, article, web blog or web site, or in any way contribute to such online or print publications about our customers.
For a reasonable period of time, barring any hardware or software disasters, we will retain copies of any communications you send to us (including copies of any e-mails) in order to maintain accurate records of the information we have received, such as queries and requests for advice, as well as information and content which you have submitted to us. This information will also be used to give us a better understanding of who is using our site and the aspects of the site that are of interest. The personal data you supply to us will also be used for the purposes for which you supplied it.
We do not sell e-mail addresses nor make them available to any third party or company outside of order processing and delivery fulfillment. There are no circumstances under which this information might be passed to other parties.
BabyComingHome.com does not guarantee the security of its e-mail services. We recommend that you do not send any e-mail content that you would not want to be public knowledge.
You agree that you will not use BabyComingHome.com for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. Spamming is defined as sending unsolicited e-mail to others.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating a representative or agent of Baby Coming Home. You further agree not to use an inappropriate member name of any kind.
We reserve the right to terminate your BabyComingHome.com e-mail and other accounts if we learn that you have provided us with false or misleading registration information, or for any other reason. BabyComingHome.com assumes no responsibility for the deletion of or failure to store e-mail messages.
If you do not wish to receive brochures, news updates, or e-mails from us in the future, please let us know by sending an e-mail to us, calling us by telephone, or writing to us at our address and specifying your request. We will gladly honor your wishes. Return to Top
Our use of your content:
Any content, written works, or images submitted to BabyComingHome.com become the sole property of BabyComingHome.com. When you provide Baby Coming Home with content, including testimonials and/or photographs, you grant the site, Baby Coming Home, and their agents a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to store, use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, transfer, distribute, modify, edit, aggregate your content with other content, create derivative works of and publicly perform that content for any purpose, and otherwise exploit such content and any ideas or original materials contained in such content, for any purpose on and through each of the services provided by the site, as well in and through in all media now known or hereafter developed.
This grant shall include the right to exploit any and all proprietary rights in such content including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by BabyComingHome.com of any material or idea submitted by you in any content. You waive all rights to any claim against BabyComingHome.com for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such content.
You acknowledge that material transmitted to and from Baby Coming Home and the BabyComingHome.com web site are not confidential and your content may be viewed or intercepted by others. You acknowledge that by submitting content to Baby Coming Home and the BabyComingHome.com web site, no confidential, fiduciary, contractually implied or other relationship is created between you and BabyComingHome.com other than pursuant to this agreement. Baby Coming Home and BabyComingHome.com shall not be responsible for the payment of any monies to any party in connection with BabyComingHome.com's use of content submitted by you to the BabyComingHome.com web site.
You agree and understand that BabyComingHome.com is under no obligation to use any material or ideas submitted by you in any content in any way whatsoever, and is not responsible for maintaining, and may delete at any time, any of your content.
We will not sell your content, or use it in ways other than for the promotion of our site, services, and products.
This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed. Return to Top
Our limited contact with you:
We will only contact you in connection with your inquiries, bookings of our services, purchase of our products, keeping you well informed of the arrangements, any difficulties that should occur, and of the charging and shipping status of any products you order. Also, from time to time, we may elect to send updated brochures and notifications of changes at Baby Coming Home. You will receive our newsletters if you request them.
BabyComingHome.com deals with a large volume of clients, visitors, e-mail inquiries, and telephone callers, and provides answers to many questions as one of our services. Because of the large volume of questions and the difficulties inherent in the format and mediums used for the conversations, some of these answers might be general in nature and may or may not apply directly to the specific situation you had in mind when calling. By asking a question of BabyComingHome.com, you agree that any counsel given by e-mail, telephone, visits, or through the website is non-authoritative, that you will not rely upon this information, and that you will consult with a qualified health professional before making any decisions. You agree that BabyComingHome.com assumes no liability from answering these questions, or not answering them, or making comments, suggestions, or recommendations during the discussions. Return to Top
How to contact us, and what kind of response to expect from us
E-mail:
One method of contact is via Email. We will endeavor to provide reasonably prompt service and answer your e-mail within 1 to 3 days, or sooner, or later, depending on the volume of correspondence and other unpredictable factors. Our use of the e-mail service will be limited to making arrangements for our services with our clients, to setting up telephone conference times, to conveying information regarding purchases and their status, and to dispensing of other miscellaneous pending matters, already initiated between BabyComingHome.com and our clients. Also, our clients may update us on the progress and development of their babies we have cared for, along with sending us their photos and birthday news, etc. We would love to have that kind of news!
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Payments, cancellations, and refunds for our services and products
Payments of Consultation and Troubleshooting Services Visits fees:
Payment for our Dallas area Consultation and Troubleshooting Visits is due upon completion of each visit.
The time charged to the client begins from the time the Baby Coming Home agent leaves her office or home. The return travel time, if less than 15 miles, is not charged; otherwise it is.
For any Consultation and Troubleshooting Visits outside of the Dallas area, requiring travel, other rates apply commensurate with the time away from Dallas, and with other factors, in addition to travel and lodging expenses. Return to Top
Regarding the availability of services and products:
BabyComingHome.com reserves the right to add, modify, and/or eliminate services provided and/or products for sale at any time on its owned web sites.
BabyComingHome.com will use all reasonable best efforts to ensure that all products listed are available. Should a product or products become sold out or unavailable for any reason, prior to removal from the website, neither BabyComingHome.com nor any of its directors, officers, employees or other representatives will be held liable for damages, replacement or losses as a result of this occurrence. In such cases, a full, prompt refund will be given, if the client/customer does not wish to wait for its availability, or otherwise use the payment of other services we provide.
Baby Coming Home reserves the right to suspend services in homes where there is an adverse emotional atmosphere generated by marital conflicts, sexual harassment, strong emotional instability and/or depression, verbal abuse, or unreasonable demands placed on the caregiver. Likewise, any substance abuse (alcohol, drugs, etc.) that could be viewed as endangering the wellbeing of the caregiver, or contributes to an adverse emotional atmosphere to work in is grounds for suspensions of services. Return to Top
Legal Disclaimer of Liability:
The information contained in this website is not comprehensive and, despite our efforts, it may not be accurate, up to date or applicable to the circumstances of any particular case. We do not accept any liability for any inaccuracies or omissions (to the extent permitted by any applicable law) in this website, and any decisions you make based on information contained in this website are your sole responsibility.
BabyComingHome.com nor any of its representatives or agents accepts liability in contract or tort (including negligence) or otherwise for any direct, indirect, special, consequential or other losses or damages of whatsoever kind, whether or not foreseeable or in the contemplation of the parties, including but not limited to loss of profit or loss or damage to data, software or computer equipment arising out of access to, or the use of the this website or any information contained in it.
We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any services, products, information, or material. We disclaim any responsibility for any harm resulting from accessing or using any information or material from our sites.
The BabyComingHome.com web site (including all content, functions and information made available on or accessed through the BabyComingHome.com web site) is provided "as is." To the fullest extent permissible by law, BabyComingHome.com disclaims any representations, warranties or conditions of any kind whatsoever for the BabyComingHome.com web site; or that the BabyComingHome.com web site or the server that makes it available is free of viruses or other harmful components. BabyComingHome.com and its subsidiaries and affiliates make no warranties and shall not be liable for the use of the BabyComingHome.com web site, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited, to BabyComingHome.com's or its server's negligence.
While BabyComingHome.com and its server and web host make reasonable attempts to protect themselves from hackers, and to exclude viruses, worms, Trojans, and other malicious or destructive computer code from its web sites and the web sites' contents, it cannot guarantee such exclusion. BabyComingHome.com gives no assurance (whether express or implied), assumes no obligation and accepts no liability or responsibility in relation to such exclusion. You are strongly recommended to take all appropriate safeguards before using this web site or downloading any information or content from it.
BabyComingHome.com also assumes no responsibility, and shall not be liable for, any damages to, or viruses or other Internet-borne maladies that may infect or damage your computer equipment, software, files, data, or other property, on account of your access to, use of, or browsing in the site, or your downloading of any materials, data, text, images, video, or audio from the site.
We maintain a high level of physical and electronic security in relation to the collection, storage and disclosure of your information. We take reasonable steps to ensure that any information we hold about you is protected. When processing financial transactions, we use industry standard security software, which encrypts information given over the Internet. The software scrambles data transmitted between your computer and our server, where it is unscrambled securely.
However, the use of the Internet carries risks. While we make every reasonable effort to ensure that information sent to us is done so securely, we cannot warrant the security of information transmitted to us through the Internet. When you transmit information to us via the Internet, you do so at your own risk.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this site may be interfered with by numerous factors outside of our control.
In no event shall BabyComingHome.com and/or its respective directors, officers, agents, employees or other representatives be liable for any special, indirect or consequential damages or any damages whatsoever arising out of or in connection with the use of this site, its services, and/or its products.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site must be filed within six (6) months after such claim or cause of action, or be forever barred.
This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Return to Top
Indemnification:
By utilizing the BabyComingHome.com site and its related services and products, you agree to defend, indemnify, and hold harmless Baby Coming Home, its affiliates and their respective directors, officers, employees, owners, licensors, licensees, and agents, and any other party involved in creating, producing, or delivering the site, from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, incurred by Baby Coming Home and its agents and services through your use of the site, or arising out of a breach of these Terms of Use by you and/or your activities in connection with the site or any services related to the site. We may participate in the defense of any claim at its own cost. You shall not settle any claim that affects us without our prior written approval. Return to Top
Arbitration:
These terms, including all terms, conditions and policies that are incorporated into these terms by reference, constitute the entire agreement between you and BabyComingHome.com and govern your use of our sites, superseding any prior agreements that you may have with us.
These terms shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws and rules, and the parties irrevocably consent to bring any action to enforce these terms before an arbitration panel if seeking interim or preliminary relief or enforcement of an arbitration award.
Baby Coming Home may elect to resolve any controversy or claim arising out of or relating to these terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Anyone using this website, its services, and/or its products, or doing business with or ordering from Baby Coming Home agrees to arbitrate as the only path for 3rd party resolution.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Collin County, Texas, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Collin County, Texas necessary to protect the rights or property of you or Baby Coming Home (or its respective directors, officers, agents, employees or other representatives, suppliers, and subcontractors, or web site hosts) pending the completion of arbitration. Return to Top
Miscellaneous:
We control and operate this site from our offices in the United States of America. We do not represent that materials on the BabyComingHome.com web site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. For the exclusive benefit of BabyComingHome.com, Baby Coming Home shall retain the right to bring proceedings in the Courts of the country of residence of any user of the website.
If you violate these Terms and Conditions of Use, your use of this site will terminate. We may notify you that you have breached the Agreement and your account is being terminated. We may, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Any rights not expressly granted herein are reserved to BabyComingHome.com.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect. Return to Top
Final Note:
Because we believe we have always enjoyed an open and trusting relationship with our existing clients and customers, we are grieved to have to write down what has just been mutually understood between us over so many years. We hope, however, that the need to employ legalese will not alter that good will. Return to Top
Our contact information:
Our postal address is:
BabyComingHome.com
18722 Riverstone Ct.
Dallas, TX 75252
We can also be reached via email.
This Site and any content appearing on it may not be published, broadcast or otherwise distributed without the prior written permission of Baby Coming Home. Return to Top
