Ownership and Protection

The Sites, including Baby's On Broadway and TT's Toys & Treats by Baby's On Broadway, are rich repositories of original content, distinctive features, innovative functionality, and unique design elements. All such content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Baby's On Broadway, its affiliates, or its content suppliers. These elements are protected by national and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.

Copyright

• The compilation of all content on the Sites is the exclusive property of Baby's On Broadway and protected by U.S. and international copyright laws. Copyright laws protect literary, artistic, and scientific works, ensuring creators retain the right to their original works.
• Unauthorized use, reproduction, modification, distribution, or storage of any material in violation of these copyright laws is strictly prohibited.

Trademarks

• The trademarks, logos, service marks, and trade names displayed on the Sites are registered and unregistered Trademarks of Baby's On Broadway and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Sites are the property of their respective owners.
• Trademarks include brand names, slogans, logos, and other distinctive brand features. They are protected by trademark laws and international treaties and are used to identify and distinguish the source of the goods or services.

Patents

• Certain products, processes, or technologies described or utilized on the Sites may be protected by one or more patents. Baby's On Broadway respects the intellectual property rights of others and expects users of the Sites to do the same.
• Patent laws protect inventions, granting exclusive rights to inventors for a certain period in exchange for public disclosure of the invention.

User License

• Baby's On Broadway grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Sites for your personal, non-commercial use, in accordance with these Terms. This license does not include any rights to:
  • Resell or make any commercial use of the Sites or any of the contents
  • Modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Sites
  • Use data mining, robots, or similar data gathering and extraction tools.

Respecting Intellectual Property

• We respect the intellectual property rights of others and ask our users to do the same. Infringement of intellectual property rights will lead to the termination of your account and may have legal consequences.
• If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Sites, please contact us immediately.

Contact Information for Intellectual Property Concerns

For any concerns or reports of intellectual property infringement, please contact us at:

• Email: [email protected]
• Phone: (320) 639-2290
• Postal Address:
  • Little Falls Location: 47 East Broadway, Little Falls, MN 56345
  • Saint Cloud Location: 710 W Germain St., Saint Cloud, MN 56301

Your creativity and innovation are what make our community vibrant. We are committed to protecting intellectual property rights and ensuring our Sites remain a respectful and lawful space for everyone.

General Conduct

Users of Baby's On Broadway and its affiliated sites are expected to engage with the Sites in a respectful, lawful manner. This includes respecting the rights and dignity of others, adhering to all applicable laws, and not engaging in any behavior that could harm the Sites or its users. Specifically, users agree not to:

• Engage in Illegal Activities: Use the Sites for any illegal purposes or in violation of any local, state, national, or international laws or regulations.
• Infringe on Intellectual Property: Copy, distribute, or disclose any part of the Sites in any medium, including without limitation by any automated or non-automated “scraping,” without Baby's On Broadway's explicit consent.
• Interfere with Security: Interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Sites.
• Transmit Harmful Content: Upload, transmit, or distribute to or through the Sites any viruses, trojan horses, or other harmful, disruptive, or destructive files.
• Harassment: Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Sites to you.
• Data Mining: Engage in unauthorized use of the Sites, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.

Content Responsibility

Users are solely responsible for the content they contribute to the Sites, including comments, reviews, posts, and any other forms of user-generated content (UGC). By posting content to the Sites, users agree to:

• Accuracy: Ensure that any content posted is accurate (where it states facts) and genuinely held (where it states opinions).
• Lawfulness and Decency: Ensure that content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
• Non-Infringement: Confirm that they own or have the necessary licenses, rights, consents, and permissions to use and authorize Baby's On Broadway to use all intellectual property rights in and to any UGC, and to enable inclusion and use of the UGC in the manner contemplated by the Sites and these Terms.

Consequences of Violation

Violation of these User Conduct and Responsibilities may result in immediate termination of your access to the Sites, without prior notice, and may subject you to state and federal penalties and other legal consequences. Baby's On Broadway reserves the right, but is not obligated, to remove or edit such content, but does not regularly review posted content.

Reporting Misconduct

If you believe that someone is violating these terms, please contact us immediately. Baby's On Broadway is committed to ensuring the Sites remain a safe and welcoming space for all users.

Contact for Reporting:

• Email: [email protected]
• Phone: (320) 639-2290
• Postal Address:
  • Little Falls Location: 47 East Broadway, Little Falls, MN 56345
  • Saint Cloud Location: 710 W Germain St., Saint Cloud, MN 56301

By adhering to these guidelines, users contribute to a positive, lawful, and respectful community at Baby's On Broadway and its affiliated sites.

General Terms

Engaging in transactions with Baby's On Broadway or through any of its affiliated sites signifies your agreement to our terms, designed to ensure a transparent, equitable, and satisfying shopping experience. From the moment you begin browsing to the finalization of your purchase, we are dedicated to providing clarity and support throughout the process.

Product Descriptions and Availability

• Accuracy and Reliability: We endeavor to present the most accurate, comprehensive descriptions of our products, including specifications, features, and images. Despite our efforts, there may be instances where information may contain inaccuracies, be incomplete, or become outdated. We encourage users to contact customer service for clarification if needed.
• Product Availability: Our inventory is dynamic, reflecting the demand and supply of our products. Consequently, product availability is subject to change without prior notice. We reserve the unilateral right to discontinue any product, temporarily or permanently, at our discretion.

Pricing

• Dynamic Pricing: Prices for our products are subject to fluctuation based on market conditions, supplier costs, and other relevant factors. We commit to providing the most current pricing information on our Sites. However, discrepancies may occur.
• Pricing Errors: In the event of a mispriced item due to typographical error, system error, or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for the mispriced item. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.

Payment

• Accepted Methods: We offer a variety of payment options to accommodate our customers, including major credit cards, debit cards, and selected online payment platforms. The availability of certain payment methods may vary based on your geographical location and the specifics of your order.
• Payment Authorization: By providing payment information, you represent and warrant that: (i) the credit card, debit card, or account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Return Policy

• Satisfaction Guarantee: Our Return Policy is designed to ensure your satisfaction with the products you purchase from us. It details your rights to return products, obtain refunds, or exchange items under certain conditions.
• Policy Review: We urge customers to review the Return Policy thoroughly prior to making a purchase. Understanding the terms of returns, refunds, and exchanges is essential to a positive shopping experience.

Risk of Loss

• Transfer of Risk: The risk of loss for purchased items transfers to you upon our delivery of the items to the shipping carrier. This means that we are not liable for any loss, damage, or destruction of the products once they are in transit.

Order Cancellation

• Cancellation Rights: We understand that circumstances may change, and you may need to cancel an order. We provide information on how to cancel your order within a specified timeframe in our Cancellation Policy, which is part of these Terms.
• Restocking Fee: In some cases, canceled orders may be subject to a restocking fee, as detailed in our Cancellation Policy.

By engaging with Baby's On Broadway and its affiliated sites for your purchases, you acknowledge and agree to these terms, ensuring a mutual understanding of the transaction process. Our customer service team is available to assist with any questions or concerns regarding these terms.

Acceptance of HSA/FSA Cards

Baby's On Broadway is pleased to accept Health Savings Account (HSA) and Flexible Spending Account (FSA) cards as payment methods for eligible products and services. This option is provided to offer convenience to our customers who wish to use their pre-tax dollars to purchase qualifying health-related items.

Eligible Products and Services

• Not all products and services available on Baby's On Broadway or its affiliated sites may qualify for purchase with HSA/FSA cards. Eligibility is determined by the guidelines set forth by the IRS and the specific rules of your HSA or FSA plan.
• We endeavor to provide guidance on which products are typically eligible for HSA/FSA card purchases; however, it is the responsibility of the cardholder to ensure that their purchases comply with their plan's requirements.

Responsibility of the Cardholder

• As the cardholder, you are responsible for ensuring that your HSA/FSA card is used in accordance with the terms of your plan. This includes verifying the eligibility of products or services for purchase with your HSA/FSA card.
• Baby's On Broadway is not responsible for determining the eligibility of products or services for purchase with HSA/FSA cards. Any disputes or questions regarding the eligibility of purchases should be directed to your plan administrator.

Documentation and Record Keeping

• It is advisable to retain receipts and other purchase documentation for all transactions made using your HSA/FSA card. This documentation may be required by your plan administrator for verification purposes or for your personal tax records.
• Upon request, Baby's On Broadway can provide you with a detailed receipt of your purchase for record-keeping purposes.

Returns and Exchanges

• Returns or exchanges of products purchased with HSA/FSA cards will be processed in accordance with our standard Return Policy. Refunds for returned items will be credited back to the original HSA/FSA card used for the purchase.
• In the event of a return or exchange, it remains the cardholder's responsibility to ensure that any replacement products or services also qualify for purchase with their HSA/FSA card.

Contact Information

For questions regarding the use of HSA/FSA cards as a payment method on our site, or if you need assistance determining the eligibility of specific products or services, please contact our customer service team:

• Email: [email protected]
• Phone: (320) 639-2290

Scope of Disclaimer

Baby's On Broadway and its affiliated sites (collectively, "the Sites") present all content, products, and services to you on an "as is" and "as available" basis. This means that we do not represent or warrant to you that:

• The use of our Sites will meet your needs or requirements.
• The use of our Sites will be uninterrupted, timely, secure, or free from errors.
• The information obtained by using our Sites will be accurate or reliable.
• Any defects in the operation or functionality of any content, products, or services provided through our Sites will be repaired or corrected.

Furthermore, no advice or information, whether oral or written, obtained by you from Baby's On Broadway or through the Sites shall create any warranty not expressly stated in these Terms.

Express Disclaimers

Baby's On Broadway expressly disclaims to the fullest extent permitted by law all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Baby's On Broadway makes no representations or warranties:

• That the Sites, or any content, products, or services offered through the Sites, are accurate, reliable, complete, or current.
• That the Sites will be available at any particular time or location, uninterrupted, or secure.
• That any defects or errors will be corrected.
• That the Sites are free of viruses or other harmful components.

General Limitation

To the fullest extent permitted by applicable law, Baby's On Broadway, including its affiliates, officers, directors, employees, agents, suppliers, or licensors, shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Sites.
• Any conduct or content of any third party on the Sites.
• Any content, products, or services obtained from the Sites.
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

Specific Limitations

• Loss of Data: Baby's On Broadway is not responsible for the loss of any data, information, or content uploaded, shared, or stored on the Sites.
• Personal Injury or Property Damage: We shall not be liable for any personal injury or property damage related to your use of the Sites.
• Aggregate Liability: In no event will Baby's On Broadway's aggregate liability for all claims relating to the Sites exceed the greater of $100 USD or the amount you paid Baby's On Broadway, if any, in the last 12 months.

Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Governing Law

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of Minnesota, United States, without regard to its conflict of law principles. By using the Sites, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

Jurisdiction

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States, Minnesota. You hereby waive any and all jurisdictional and venue defenses otherwise available.

Dispute Resolution

Mandatory Arbitration

Please read this section carefully as it affects your rights. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service department at[email protected]. However, if we are unable to resolve a dispute, you and Baby’s On Broadway agree to be bound by the arbitration procedures set forth below.

• Agreement to Arbitrate: You and Baby’s On Broadway agree that any dispute, claim, or controversy arising out of or relating in any way to the Sites, these Terms, or the service shall be determined by mandatory binding individual (not class) arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Baby’s On Broadway are each waiving the right to a trial by jury or to participate in a class action.
• Procedure: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Limitations on Arbitration

• Individual Basis Only: To the fullest extent permitted by applicable law, you and Baby’s On Broadway agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
• Exceptions: This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

Account Creation and Use

To access certain features or areas of the Sites, you may be required to create an account with Baby’s On Broadway or its affiliated sites. When creating your account, you agree to:

• Provide accurate, current, and complete information as prompted by our registration forms.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Accept all risks of unauthorized access to your account and any information you provide to us.

You acknowledge that you are responsible for all activities that occur under your account, including purchases made and any content posted. Baby’s On Broadway reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Password Security

Upon creating an account, you will be asked to choose a password. The security of your password is crucial to protecting your account information and personal data. You agree to:

• Keep your password confidential and not share it with anyone else.
• Use a “strong” password (a combination of upper and lower case letters, numbers, and symbols) to help secure your account.
• Notify Baby’s On Broadway immediately if you suspect any unauthorized use of your account or any other breach of security by emailing [email protected]or calling (320) 639-2290.

Baby’s On Broadway cannot and will not be liable for any loss or damage arising from your failure to comply with the above password security guidelines.

Account Activity

You are responsible for all activity on your account, including all transactions and content posted under your account name. If you discover any unauthorized use of your account or other account security breaches, report them immediately to Baby’s On Broadway. We recommend regularly reviewing your account statements to detect any discrepancies or unauthorized transactions.

Account Termination

You may terminate your account at any time by contacting our customer service team. Baby’s On Broadway also reserves the right to terminate your account or restrict access to the Sites, without notice, for any reason, including, but not limited to, breach of these Terms.

Upon termination, your account will be deactivated, and you may be barred from creating a new account. Please note that even after your account is terminated, certain sections of these Terms may remain in effect.

Security Measures

Baby’s On Broadway takes reasonable measures to protect the security of your personal information and account details. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Right to Terminate

Baby’s On Broadway reserves the right, at its sole discretion, to terminate or suspend any user’s access to the Sites, or any part thereof, and any services offered on the Sites without notice and for any reason, including but not limited to:

• Breach or violation of these Terms & Conditions of Use.
• Requests by law enforcement or other government agencies.
• Discontinuance or material modification of the Sites or any service offered on or through the Sites.
• Unexpected technical or security issues or problems.
• Engagement by the user in fraudulent or illegal activities.
• Nonpayment of any fees owed by the user in connection with the Sites or any services.

User Initiated Termination

You may terminate your agreement with Baby’s On Broadway and close your account at any time by contacting customer service with a request to terminate your account. Please note that if you have any outstanding orders or open transactions at the time of your account termination, your account will remain active until those orders or transactions are fully processed.

Consequences of Termination

Upon termination of your account, your right to use the Sites, access your account, and any content will immediately cease. All provisions of these Terms & Conditions of Use which, by their nature, should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, will survive termination.

• Access: Termination will result in the immediate revocation of your access to the Sites and services. You will no longer be able to access your account or any content stored on the Sites.
• Content: Upon termination, any content you have submitted or uploaded to the Sites may no longer be accessible to you. Baby’s On Broadway reserves the right to permanently delete any content associated with terminated accounts.
• Outstanding Obligations: Termination of your account does not relieve you of any outstanding obligations to Baby’s On Broadway, including any outstanding payment obligations.

Reinstatement

In certain cases, Baby’s On Broadway may consider reinstating a terminated account based on the circumstances leading to the termination. Users wishing to seek reinstatement are encouraged to contact Baby’s On Broadway to discuss the possibility. Reinstatement is not guaranteed and will be at Baby’s On Broadway’s sole discretion.

Contact Information for Termination Inquiries

For questions regarding the termination of an account or the termination provisions of these Terms & Conditions of Use, please contact us at:

• Email: [email protected]
• Phone: (320) 639-2290
• Postal Address:
  • Little Falls Location: 47 East Broadway, Little Falls, MN 56345
  • Saint Cloud Location: 710 W Germain St., Saint Cloud, MN 56301

Nature of Third-Party Links

Baby’s On Broadway and its affiliated sites may provide links to websites, services, and applications that are not operated or controlled by us (“Third-Party Sites”). These links are offered for your convenience, to provide further information, or to facilitate transactions or communications with third-party services that may be of interest to you.

Disclaimer of Liability

• Autonomy of Third-Party Sites: We do not have oversight, control, or input on the content, privacy policies, or practices of any Third-Party Sites. Each Third-Party Site operates independently from Baby’s On Broadway, and their practices are not under our jurisdiction or control.
• No Endorsement Implied: The inclusion of any links to Third-Party Sites does not imply endorsement, sponsorship, or recommendation by Baby’s On Broadway of the content, products, services, policies, or practices of such sites. Links are provided for convenience and informational purposes only.
• User Discretion Advised: You acknowledge and agree that when you access Third-Party Sites through links provided on our Sites, you do so at your own risk. We encourage you to be aware when you leave our Sites and to read the terms and conditions and privacy policy of any Third-Party Site that you visit.

User Responsibilities

• Due Diligence: It is your responsibility to conduct due diligence before engaging in any transactions or communications through Third-Party Sites. This includes reviewing the Third-Party Sites’ terms of service, privacy policies, and any other relevant information.
• Risk Awareness: Be aware of the risks associated with providing personal information or engaging in transactions on Third-Party Sites. Baby’s On Broadway is not responsible for any loss or damage incurred as a result of your use of Third-Party Sites.

Limitation of Liability

Baby’s On Broadway, its affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable for any loss or damage of any kind incurred as a result of the presence of, reliance on, or interaction with any Third-Party Sites, including but not limited to, any reliance on the accuracy, completeness, or usefulness of the content available on such Third-Party Sites.

Reporting Issues

If you encounter a problem with a link on our Sites or have a concern regarding a Third-Party Site we link to, please contact us at [email protected]. While we may review reports regarding Third-Party Sites, we retain the discretion to take any action or no action based on such reports.

Online Booking and Immediate Payment

• Online Reservation: Baby’s On Broadway offers a convenient online booking system for our event spaces. Guests interested in reserving event space are required to complete the booking process and make full payment through our website at the time of booking.
• Payment: Full payment is required to secure the event space reservation. Our website accepts various forms of payment, including credit cards and online payment platforms. By completing the payment, you agree to the terms of the rental agreement, which includes, but is not limited to, our cancellation policy and any applicable use restrictions for the event space.

Confirmation by Our Team

• Review and Confirmation: Once your booking and payment are received, a member of our team will review the reservation details. We will then confirm your booking via email or phone, providing you with any additional information or requirements related to your event space rental.
• Human Confirmation: This step ensures that each booking aligns with our availability and event space policies. Our team’s confirmation serves as the final step in securing your reservation.

Terms of Use for Event Space

• Rental Agreement: All event space bookings are subject to the terms outlined in our rental agreement. This agreement will detail the specific terms of use for the event space, including any restrictions, liability issues, and obligations on both parties. It is crucial that you read and understand this agreement prior to finalizing your booking.
• Cancellation and Refunds: Detailed information about our cancellation policy and any potential refunds will be included in the rental agreement. Generally, cancellations made within a specified period prior to the event may be eligible for a full or partial refund, except for a non-refundable deposit, if applicable.

Modifications to Bookings

• Changes to Reservation: Should you need to modify your event space booking, please contact our team as soon as possible. We will accommodate changes based on availability and according to the terms of the rental agreement. Additional charges may apply for significant modifications.

Thank you for engaging with Baby’s On Broadway. We are dedicated to providing a transparent, secure, and enjoyable experience for all our patrons. Should you have questions, require assistance, or wish to share feedback, we encourage you to reach out. Below you’ll find comprehensive contact information to ensure you can easily connect with us for any need.

General Support and Inquiries:

For general questions about our products, services, or policies:

• Email: [email protected]
• Phone: (320) 639-2290

Event Space Reservations:

For information on booking our event spaces, including availability, services, and pricing:

• Email: [email protected]
• Phone: (320) 639-2290

Online Purchase Assistance:

For help with online orders, payment queries, or using HSA/FSA cards:

• Email: [email protected]
• Phone: (320) 639-2290

Accessibility Feedback:

If you encounter accessibility barriers on our site or have suggestions for improvement:

• Email: [email protected]
• Phone: (320) 639-2290

Visit or Write to Us:

You’re welcome to visit our stores or send mail to:

• Little Falls Location:
  • 47 East Broadway, Little Falls, MN 56345
• Saint Cloud Location:
  • 710 W Germain St., Saint Cloud, MN 56301

At Baby’s On Broadway, your feedback drives our improvement. Whether it’s a query about our terms, a suggestion for our services, or insights on our event spaces, we’re all ears. Your engagement helps us refine our offerings and enhance your experience.