LookWhosTalkingnyc.com
Last Updated: May 1, 2025

 

Please read these Terms carefully before accessing this Website or using our Services. By accessing or using any part of our Services, you understand and agree to be bound by this Terms of Service and by our Privacy Policy. If you do not agree to all these terms and conditions, please leave this Website and do not access our Services.

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These Terms contain a mandatory individual arbitration and class action/mass arbitration/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

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Thank you for your interest in visiting the LookWhosTalkingNYC.com website (the “Website” or the “Site”), which is operated by Look Who’s Talking, LLC (“Look Who’s Talking”, “LWT”, “us”, or “we”). These Terms of Service (“Terms of Service”, “Terms”, or “ToS”) govern your use of online and/or on-site services, websites, software, information, and tools offered through or provided on or in connection with the Site (collectively, the “Service(s)”). The terms “you” or “your” refer to the user or viewer of the Website, as well as any individuals on whose behalf you are engaging our Services as defined above. We offer the Website and the Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

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By accessing or using the Service, or by clicking a button or by clicking "Accept", you signify that you have read, understood and agree to be bound by these Terms of Service, and to the collection, processing, and sharing of your information as set forth in our Privacy Policy [https://www.lookwhostalkingnyc.com/privacy-policy], whether or not you are a registered user of our Service.

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By visiting, browsing, and using the Website, you agree to comply with and be bound by these Terms of Service, which—together with our Privacy Policy (collectively, “our Policies”) —govern Look Who’s Talking’s relationship with you, the user, in relation to our Services. These Terms apply to all users of our Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. LWT reserves the right to modify this ToS upon notice of these changes to you posted to the Site. Your continued visits to, access, registration or use of the Site signifies your agreement to this ToS.

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LWT does not offer or sell the Services to children under eighteen (18), but only to parents or legal guardians with authority to purchase the Services with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Services only with the involvement and consent of a parent or legal guardian.

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The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

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1. GENERAL CONDITIONS

We reserve the right to suspend or terminate your access to our Services in the event of a violation of these Terms. We reserve the right to refuse service to anyone for any reason at any time.

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You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

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The Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, and proprietary information herein. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to our Services or any contact on the Website through which our Services are provided, without express written permission from us.

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All trademarks reproduced in this Website which are not the property of, or licensed to, the operator are the property of their respective trademark owners.

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You acknowledge that unauthorized use of the Website may give rise to a claim for damages and/or constitute a criminal offense.

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2. LIMITATION OF LIABILITY

LWT makes no warranties or representations regarding the accuracy, completeness, or timeliness of any content on the Website. The material on this Website is for general information purposes only and should not be relied upon as the sole basis for decision-making without consulting primary, more reliable sources. Any reliance on the Website content or Services provided is at your own risk.

ALTHOUGH LWT HAS MADE REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION IS ACCURATE AND COMPLETE, THE SITE AND INFORMATION ARE PROVIDED “AS IS” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LWT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE AND INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LWT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE OR INFORMATION WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, OR CURRENT, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, BE COMPLETELY SECURE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, INCLUDING, WITHOUT LIMITATION THE CONTENT AND ANY ERRORS CONTAINED THAT ARE PROVIDED BY THIRD PARTIES.

IN NO EVENT, AND UNDER NO CIRCUMSTANCES SHALL LWT, OUR EMPLOYEES, AGENTS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM NEGLIGENCE, NEGLIGENCE PER SE, PERSONAL INJURY, PROPERTY DAMAGE, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR DAMAGES RESULTING LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE, MALFUNCTION, OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, OR INABILITY TO USE, SERVICES PROVIDED BY AND/OR THROUGH THIS SITE, ANY WEBSITE LINKED TO THIS SITE, OR THE CONTENT CONTAINED ON THIS OR ANY SUCH WEBSITE.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING ANY FORM OF NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

3. CHILDREN’S PRIVACY & COPPA

The U.S. Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain verifiable parental consent before collecting, using, or disclosing personal information from children under the age of thirteen (13). Use of the Services is conditioned upon LWT obtaining the requisite verifiable parental consent to collect, use, and disclose personal information from your child.

By executing the consent form embedded in our checkout process, you represent and warrant that you are the parent or legal guardian of the child and that you have the authority to provide consent to LWT’s collection, use, and disclosure of your child’s personal information in accordance with our Policies.

4. COPYRIGHT NOTICE

All content used in connection with this Site or our Services, unless otherwise stated, is the property of Look Who’s Talking, LLC and is protected by copyright law. All rights reserved.

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5. MEDICAL DISCLAIMER

The content provided on or through this Website is for informational purposes only and does not constitute medical advice, diagnosis, or treatment. You should consult a licensed healthcare professional before making any health-related decisions. Reliance on any information provided by LWT is solely at your own risk.

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6. MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue our Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our Services.

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7. DISCLAIMER REGARDING LINKED THIRD-PARTY SITES

From time to time the Website may also include links to other website(s). These links are provided for your convenience to provide further information and do not constitute our endorsement of those website(s) or the content contained therein. Your access of and reliance on linked website(s) is solely at your own risk.

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8. DATA SECURITY AND BREACH NOTIFICATION

We have implemented commercially reasonable administrative, physical, and technical safeguards designed to secure sensitive information in LWT’s possession and control from unauthorized access, disclosure, and use. While we implement safeguards designed to protect your information, no security system is completely secure. We cannot guarantee the security of our systems or the information transmitted through our Website, or in connection with the provision of the Services. By using this Website or the Services, you acknowledge and accept this risk.

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You will have a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LWT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LWT cannot and will not be liable in any way, at law or in equity, for any unauthorized access to your account or data that arises from your acts or omissions.

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9. PRIVACY

Look Who’s Talking’s Privacy Policy, which governs the collection and use of your personal information, is available at [https://www.lookwhostalkingnyc.com/privacy-policy]. By accessing the Website and our Services, you agree to the terms of our Privacy Policy.

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The Site and the Services are not intended for access or use by residents in countries that are members of the European Economic Area (“EEA” or “EU”). If you are located in the EEA/EU or are otherwise subject to the General Data Protection Regulation (“GDPR”), you should not use or visit this Website.

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The Site and Services are not intended for access or use by residents of the State of California.

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10. PROHIBITED USES

You are prohibited from using our Services or the Website’s content:

• For any unlawful purpose.
• To solicit others to perform or participate in unlawful acts.
• To violate any international, federal, state, or local laws or regulations.
• To infringe upon or violate our intellectual property rights or those of others.
• To engage in harassment, discrimination, or any harmful, abusive, defamatory, or otherwise objectionable behavior.
• To submit false or misleading information.
• To upload or transmit viruses or malicious code.
• To collect or track the personal information of others without authorization.
• To spam, phish, pharm, pretext, scrape, or engage in similar activities.
• To interfere with or circumvent the security features of our Services or the Website.

 

We reserve the sole and exclusive right to terminate your access to our Services for engaging in any of these prohibited uses.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Look Who’s Talking and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) your breach of these Terms or the documents they incorporate by reference; (ii) your access or use of the Website or our Services; (iii) any generation, use, and/or dissemination of Recordings as defined herein; and (iv) your violation of any law or the rights of a third-party.

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12. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of New York, and the laws of the United States, without regard to conflict of law principles.

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13. DISPUTE RESOLUTION

You and LWT each agree that any dispute related to or arising out of our Policies and/or your use of our Services shall be resolved by binding arbitration under the auspices of the American Arbitration Association and the rules promulgated by that body and before a single arbitrator chosen by us. Such arbitration shall be conducted in New York City, and the judgment and arbitral award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction in any jurisdiction necessary to protect our rights pending the completion of arbitration. You consent to the exclusive personal jurisdiction of such New York City based arbitrator and/or courts for the purposes of any dispute relating to the Services, our ToS, or Privacy Policy.

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Any arbitration under this agreement will take place on an individual basis and not through class arbitrations or class actions.

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You agree that any claim or cause of action arising out of or related to our Policies and/or your use of our Services must be filed within one (1) year after such claim or cause of action arose or forever be barred. You further agree to waive the right to assert a counterclaim, other than a mandatory or compulsive counterclaim, in any action or proceeding brought against you by LWT arising out of or in any way connected with our Policies or your use of our Services.

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14. JURY WAIVER

You and LWT both understand and expressly agree to waive any jury rights in connection with disputes related to or arising out of our Policies and/or your use of our Services.

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15. WAIVER AND SEVERABILITY

The failure of LWT to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

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16. UPDATES

We may modify these Terms at any time, as we deem appropriate. If you disagree with the changes to the Terms, you must discontinue your use of the Website and our Services. Your continued access or use of the Website or our Services following such notice signifies your acceptance of the modified Terms, including the provisions mandating arbitration as set forth above. It is your responsibility to review the Terms regularly to be aware of such modifications. We reserve the right to modify or discontinue the Website or our Services with or without notice. We will not be liable to you or any third party should we exercise our rights to modify or discontinue the Website or our Services. If you object to any such changes, your sole recourse will be to cease access to the Website or our Services. Continued access to the Website or our Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Website or our Services as so modified and your use of new Services will be governed by these Terms.

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17. VOICE AND VIDEO RECORDINGS

By participating in our classes or Services, you acknowledge that photographs and/or video recordings may be taken by LWT or by other parents, guardians, and/or caretakers in attendance (“Recordings”). You expressly consent to the creation of such Recordings and understand that you and/or your child may appear in these Recordings, whether incidentally and/or as the primary subject.

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You further acknowledge and agree that LWT is not responsible for, and has no control over, the use, sharing, or distribution of the Recordings, including their publication by anyone on social media or other public platforms. You hereby expressly waive any claims against LWT arising out of or related to the appearance of you and/or your child in any Recordings.

 

18. WEBSITE ACCESSIBILITY STATEMENT

LWT is committed to equal access and compliance with the Americans with Disabilities Act (“ADA”). As part of this commitment, we strive to provide an accessible website compatible with the Web Content Accessibility Guidelines (“WCAG”) version 2.2. Features of the Site are intended to allow individuals with vision and other impairments to use the website to the same degree as someone without disabilities.

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By continuing to use the Website and our Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.

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For any questions regarding these Terms, please contact us at info@lookwhostalkingnyc.com.