Terms of Use Agreement between User and Esterelle, LLC, www.babbleboxx.com

Welcome to www.babbleboxx.com. The www.babbleboxx.com website (the "Site") is comprised of various web pages and a platform operated by Esterelle. www.babbleboxx.com is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.babbleboxx.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 
  
www.babbleboxx.com is an Information Site, which may include a services platform.
  
The purpose of the information on this site to display offer the services that Esterelle offers. 
  
Privacy 
Your use of www.babbleboxx.com is subject to Esterelle's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. 
  
Electronic Communications 
Visiting www.babbleboxx.com or sending emails to Esterelle constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 
  
Children Under Thirteen 
Esterelle does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.babbleboxx.com only with permission of a parent or guardian. 
  
Links to Third Party Sites/Third Party Services 
www.babbleboxx.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Esterelle and Esterelle is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Esterelle is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Esterelle of the site or any association with its operators. 
  
Certain services made available via www.babbleboxx.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.babbleboxx.com domain, you hereby acknowledge and consent that Esterelle may share such information and data with any third party with whom Esterelle has a contractual relationship to provide the requested product, service or functionality on behalf of www.babbleboxx.com users and customers. 


User Content.

(a) Definition. The term “User Content” means any and all information and content that a User submits to, or uses with, the website and/or the services, including text, photographs, drawings, images, and videos.

(b) You are Responsible for Your User Content. You are solely responsible for your User Content and assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, and/or any disclosure of your User Content that makes you or any third party personally identifiable. Esterelle makes no guarantee regarding the accuracy, currency, suitability or quality of any User Content, and we assume no responsibility for any User Content. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or applicable law.

(c) License. When you upload your User Content to Esterelle, you grant us a non-exclusive, royalty-free, fully paid, fully sublicensable, worldwide license, under any and all of your copyright and other intellectual property rights related to your User Content, to use, display, reproduce, re-post, modify (e.g., re-format), re-arrange, and distribute your User Content. Except as may be provided in our Privacy Policy, you agree that any of your User Content or modifications of your User Content, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by us or our Visitors or Users if we authorize them to do so. Without limiting anything we just set forth, you authorize us to: (i) combine your User Content with other content, including content associated with the services and/or owned and licensed by us.

(d) Warranty. You represent and warrant: (i) that you own your User Content or are authorized by the User Content owner to post your User Content and grant Esterelle the licenses granted in Section 4(c) above; and (ii) that you will not use your User Content to engage in deceptive or unfair trade practices or otherwise engage in illegal activity. We are under no obligation to pre-screen your User Content or the content of any other User.



Acceptable Use Policy. You agree not to:

  • harvest, collect, gather or assemble information or data regarding other Visitors and Users, including e-mail addresses, without their and our consent;
  • interfere with, disrupt, or create an undue burden on servers or networks connected to the website or violate the regulations, policies or procedures of such networks;
  • attempt to gain unauthorized access to the website or services, other computer systems or networks connected to or used together with the website or services, through password mining or other means;
  • harass or interfere with another User’s use and enjoyment of the website or services;
  • introduce software or automated agents or scripts to the website or services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the website or services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website and services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  • harass, defame, libel, defraud, threaten, infringe the privacy of, or tortuously injure the website’s Visitors and Users;
  • upload, transmit, display or distribute any offensive, discriminatory, obscene, vulgar, patently offensive, harmful or pornographic content, or any content that is otherwise objectionable;
  • infringe on our intellectual property and other proprietary rights (collectively, “IP Rights”) or the IP Rights of third parties, which includes, without limitation, copyright, patent, trademark, trade secret, or other proprietary rights;
  • interfere with our ability to provide the website and/or services to our Visitors and Users including but not limited to violating or attempting to violate any security feature, introducing viruses, worms, or similar harmful code into the services or linking to websites or other applications that contain viruses, worms or similar harmful code, or by overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the website and/or services;
  • upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • systematically retrieve data or other content from our website and/or services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
  • use, display, mirror or frame the website and/or services, or any individual element within the website and/or services, including our arks or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent, and
  • use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the website and/or services or that is in transit from or to the services, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the services.


  
No Unlawful or Prohibited Use/Intellectual Property 
You are granted a non-exclusive, non-transferable, revocable license to access and use www.babbleboxx.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Esterelle that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 
  
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Esterelle or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 
  
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Esterelle content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Esterelle and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Esterelle or our licensors except as expressly authorized by these Terms. 
  
International Users 
The Service is controlled, operated and administered by Esterelle from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Esterelle Content accessed through www.babbleboxx.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 
  
Indemnification 
You agree to indemnify, defend and hold harmless Esterelle, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Esterelle reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Esterelle in asserting any available defenses. 
  
Arbitration 
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 
  
Class Action Waiver 
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Esterelle agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 
  
Liability Disclaimer 
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ESTERELLE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 
  
ESTERELLE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ESTERELLE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 
  
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESTERELLE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ESTERELLE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 
  
Termination/Access Restriction 
Esterelle reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 
  
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Esterelle as a result of this agreement or use of the Site. Esterelle's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Esterelle's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Esterelle with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect. 
  
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Esterelle with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Esterelle with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 
  
Changes to Terms 
Esterelle reserves the right, in its sole discretion, to change the Terms under which www.babbleboxx.com is offered. The most current version of the Terms will supersede all previous versions. Esterelle encourages you to periodically review the Terms to stay informed of our updates. 
  
Contact Us 
Esterelle welcomes your questions or comments regarding the Terms at team@babbleboxx.com  or
  
Esterelle, LLC
333 Beech Spring Road, South Orange NJ 07079 
  
Effective as of March 1, 2024