Last Update on March 4, 2023

Welcome to Trending Babies USA! Whether this is your first time visiting us or You’re one of our prized patrons, we sincerely value YOU and appreciate YOUR support. We work hard to be your favorite go-to source for reliable, high-quality fashion needs for your beloved little ones.

• Our Platform includes our flagship store, website, Etsy store, social media venues, events, automated interfaces, point-of-sales systems, fulfillment software, products, services, and community.
• Our terms and conditions apply to all Platform participants and serve as a legally binding agreement (i.e., terms and conditions) between You (i.e., “You”, “Your”, “User”, “Guest”, “Patron”, “Account holder”, “Event participant”, “Community member”, :Content contributor”, “Affiliate”, “Vendor”, and/or “Merchant”) and Trending Babies USA (i.e., “Us”, “We”, “Our”, and “Fumix Limited Liability Company”).

Please read our terms and conditions of service carefully before using our Platform.

By visiting our Platform, you willingly engage in our services that involve your acceptance of our terms, conditions, and policies. We reserve the right to update any part of our terms and conditions. New features added to our Platform are subject to our terms and conditions. You can review the current version, at any time, on this page. It is your responsibility to periodically check for updates. Continued use of our Platform, after the posting of any changes, constitutes your acceptance of those updates.

• If you access our Platform, you acknowledge that you read, understood, and agree to be bound by our terms and conditions. You further acknowledge this is a legally binding agreement/contract between you and us and governs your Platform use, even though it is an electronic confirmation and not physically signed by you.
• If you enter into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such business/entity to this agreement, in which case “you” and its terms shall refer to such business/entity.
• If you do not agree to our terms and conditions or do not have the authority to bind such business/entity, you must not accept this agreement and may not access and use our Platform.
• This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

SECTION 1 – TERMS

By agreeing to our terms and conditions, you represent that you are at least the age of majority in your state or province of residence, or you have given us your consent to allow any of your minor dependents to use our Platform.

You may not use our products or services for any illegal or unauthorized purpose nor violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not use our Platform to transmit any worms, viruses, or any code.

Any breach or violation of our terms and/or conditions will result in an immediate termination of our Platform use.

SECTION 2 – CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

Your content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Platform without our express written permission.

SECTION 3 – ACCURACY, COMPLETENESS, & TIMELINESS

Our Platform content is 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 timely sources of information. Any reliance on our Platform the content is at your own risk.

We are not responsible if our Platform content is not accurate, complete, or current. Our Platform may contain certain historical information for your reference only. We reserve the right to modify our Platform content at any time. We have no obligation to update our Platform. It is your responsibility to monitor and verify updates with us.

SECTION 4 – MODIFICATIONS

Our prices are subject to change without notice. We reserve the right at any time to modify or discontinue any part of our Platform without notice at any time. We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance.

SECTION 5 – PRODUCTS & SERVICES

Certain products or services may be available exclusively online through our website, social media venues, events, and store. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display, as accurately as possible, the colors and images of our products. We cannot guarantee that your device’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 product and service descriptions and pricing are subject to change at any time, without notice, at 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.

SECTION 6 – ACCOUNT & BILLING ACCURACY

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Platform. 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. Please review our Returns Policy for more details.

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 we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/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.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as-is” and “as available” basis without any warranties, representations, or conditions of any kind and without any endorsement. We 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 our Platform is entirely at your own risk and discretion. You should become familiar with and approve of the tool’s terms provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through our Platform, which will be subject to our terms and conditions.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available through our Platform may include materials from third parties. Third-party links on our Platform may direct you to locations that are not affiliated with us. Please carefully review the third-party’s policies and practices, and make sure you understand them before you engage in any transaction. Direct your complaints, claims, concerns, or questions to the third-party.

We are not responsible for examining or evaluating third-party content or accuracy. We do not warrant nor have any liability or responsibility for third-party materials, products, or services. We are not liable 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.

SECTION 9 – USER FEEDBACK & OTHER SUBMISSIONS

If, at our request, you send specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials; you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence; pay compensation for any comments or respond to any comments.

You agree that your comments will not violate the rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. 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. 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. Please review our Privacy Policy regarding the submission of your personal information.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, that are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or violate any party’s intellectual property.

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Platform that contains typographical errors, inaccuracies, or omissions that may relate to product and service descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to update information or cancel orders if any information 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 on our Platform, including without limitation, pricing information, except as required by law.

SECTION 11 – PROHIBITED USES

In addition to other prohibitions as set forth in our terms and conditions, you are prohibited from using our Platform or content for any unlawful, obscene, or immoral purpose, or to:

• Solicit others to perform or participate in any unlawful acts;
• Violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• Submit false or misleading content;
• 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 website, other websites, or the Internet;
• Collect or track the personal information;
• Spam, phish, pharm, pretext, spider, crawl, or scrape; or
• Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant your use of our Platform will be uninterrupted, timely, secure, or error-free. We do not warrant the results obtained from our Platform will be accurate.

You agree that from time to time we may cancel or remove products or services for indefinite periods of time at any time without notice. You expressly agree that your use of, or inability to use, our Platform is at your sole risk. All products and services delivered to you are, except as expressly stated by us, provided ‘as-is’ and ‘as available’ for your use, without any representation, warranties or conditions 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 we, our 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 any of our products or services, 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. Because some states or authorities 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.

SECTION 13 – INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Trending Babies USA, us, and our parent, subsidiaries, affiliates, partners, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, and interns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 – SEVERABILITY

In the event that any provision of these terms and conditions 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 and conditions, such determination shall not affect the validity and enforce-ability of any other remaining provisions.

SECTION 15 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These terms and conditions are effective unless and until terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our Platform or cease using our Platform. If, in our sole judgment, you fail or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platform (or any part thereof).

SECTION 16 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. These terms and conditions and any policies or operating rules posted by us on our Platform or in respect to our products and services constitutes the entire agreement and understanding between you and us and govern your use of our Platform, 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 our terms and conditions). Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.

SECTION 17 – GOVERNING LAW

These terms and conditions and any separate agreements whereby we provide you our products or services shall be governed by and construed in accordance with the laws of the State of Maryland.

SECTION 18 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the terms and conditions at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates to our Platform. It is your responsibility to check our website periodically for updates. Your continued use of or access to our Platform following the posting of any updates to these terms and conditions constitutes acceptance of those updates.

SECTION 19 – CONTACT INFORMATION 

You can send your questions about our terms and conditions to us at email.