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Terms of Use

Effective Date: January 1, 2026

These Terms of Use (“Terms”) govern your access to and use of www.babbleboxx.com (the “Site”), operated by Esterelle, LLC (“Esterelle,” “we,” “our,” or “us”). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Site.

These Terms contain a binding arbitration agreement and a class action waiver, which affect your legal rights. Please read them carefully.

 

1. Use of the Site

The Site provides information regarding Esterelle’s influencer-marketing services and may include tools or platforms that facilitate service delivery (collectively, the “Services”). We reserve the right to modify, suspend, or discontinue any part of the Site or Services at any time without notice and without liability to you.

You agree to use the Site only for lawful purposes and in accordance with these Terms.

 

2. Eligibility

You must be 18 years of age or older to use the Site.
Users aged 13–17 may use the Site only with the explicit consent and supervision of a parent or legal guardian.

We do not knowingly collect personal information from children under 13.

 

3. Privacy

Your use of the Site is governed by our Privacy Policy, which explains how we collect, use, and disclose your information. By using the Site, you consent to all actions taken with respect to your information as described in the Privacy Policy.

 

4. Electronic Communications

By visiting the Site or communicating with us electronically, you consent to receive electronic communications from us. You agree that electronic communications—including notices, agreements, and disclosures—satisfy any legal requirement that such communications be in writing.

 

5. User Accounts (If Applicable)

If parts of the Site require account creation, you agree to:

  • Provide accurate and complete information;

  • Maintain the confidentiality of your login credentials;

  • Accept full responsibility for all activity under your account;

  • Immediately notify us of any unauthorized access or security breach.

Esterelle is not liable for any loss or damage arising from your failure to comply with these obligations.

We may terminate or suspend your account at any time, at our sole discretion, with or without cause or notice.

 

6. Acceptable Use Policy

You agree not to, directly or indirectly:

  • Access the Site for any unlawful, fraudulent, or unauthorized purpose;

  • Collect or harvest information about other users without authorization;

  • Attempt to gain unauthorized access to the Site or its systems;

  • Upload viruses, malware, worms, or any harmful code;

  • Circumvent or attempt to circumvent any Site security measures;

  • Interfere with the Site's operation through flooding, overloading, or spamming;

  • Use bots, crawlers, or scraping tools without our express written consent;

  • Upload or disseminate offensive, obscene, violent, defamatory, or discriminatory material;

  • Infringe Esterelle’s or any third party’s intellectual-property rights;

  • Use the Site for unsolicited marketing (spam, chain letters, pyramid schemes, etc.);

  • Mirror, frame, or reproduce the Site without written authorization;

  • Engage in conduct that, in our sole discretion, restricts or inhibits others’ use of the Site.

Violations may result in immediate suspension or termination of access and potential legal action.

 

7. Intellectual Property Rights

The Site and all content, features, and functionality—including text, graphics, images, software, and design—are owned by Esterelle or its licensors and are protected by copyright, trademark, and other intellectual-property laws.

Except as expressly stated, no rights or licenses are granted.

You may not:

  • Copy, reproduce, modify, distribute, or create derivative works;

  • Reverse engineer or attempt to extract source code;

  • Remove copyright or proprietary notices;

  • Use content for commercial purposes without written permission.

Any unauthorized use of Site content is strictly prohibited and may result in legal action.

 

8. Third-Party Sites and Services

The Site may contain links to third-party websites (“Linked Sites”). We do not control, endorse, or assume responsibility for Linked Sites, their content, or their policies.

You access Linked Sites at your own risk.

Certain Site features may be delivered by third-party providers. You authorize Esterelle to share necessary information with such third parties to provide requested services or functionality.

 

9. International Users

The Site is directed solely to individuals located in the United States. If you access the Site from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

You agree not to access or use Site content in violation of U.S. export laws or regulations.

 

10. Indemnification (Expanded for Maximum Protection)

You agree to defend, indemnify, and hold harmless Esterelle and its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your use or misuse of the Site or Services;

  • Your User Content;

  • Your breach of these Terms;

  • Your violation of any law or regulation;

  • Your infringement of any intellectual-property or proprietary right;

  • Any dispute between you and a third party related to your conduct on the Site.

Esterelle reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully with us.

 

11. Disclaimer of Warranties (Enhanced)

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTERELLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • WARRANTIES OF MERCHANTABILITY;

  • FITNESS FOR A PARTICULAR PURPOSE;

  • TITLE;

  • NON-INFRINGEMENT;

  • DATA ACCURACY;

  • SECURITY;

  • CONTINUOUS OR ERROR-FREE ACCESS.

We do not guarantee:

  • that the Site will be free from errors, viruses, or harmful components;

  • that services will be uninterrupted or available at all times;

  • that defects will be corrected.

You use the Site at your sole risk.

 

12. Limitation of Liability (Strengthened)

TO THE FULLEST EXTENT PERMITTED BY LAW, ESTERELLE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING:

  • LOST PROFITS

  • LOST DATA

  • LOSS OF BUSINESS OR GOODWILL

  • BUSINESS INTERRUPTION

  • COMPUTER DAMAGE OR SYSTEM FAILURE

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If liability cannot be fully disclaimed, Esterelle’s total cumulative liability for any claim arising out of or relating to the Site shall not exceed the greater of:

  1. $100, or

  2. The amount you paid to Esterelle to access the Site in the 12 months preceding the claim.

These limitations apply regardless of legal theory (contract, tort, negligence, strict liability, etc.).

 

13. Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved exclusively by final and binding arbitration before a single arbitrator, administered by the American Arbitration Association (“AAA”), under its Commercial Arbitration Rules.

Class Action Waiver

YOU AND ESTERELLE AGREE THAT:

  • Arbitration will proceed on an individual basis only;

  • Class, collective, representative, or private attorney-general actions are waived;

  • The arbitrator may not consolidate claims of multiple parties.

This provision survives termination of your use of the Site.

 

14. Termination

We may terminate, suspend, or restrict your access to the Site, in whole or in part, at any time and for any reason, including:

  • Violations of these Terms;

  • Security concerns;

  • Fraud or suspected unlawful activity;

  • For business, operational, or legal reasons.

Upon termination, your license to use the Site immediately ceases. Certain obligations—including indemnification, intellectual-property rights, disclaimers, limitations of liability, and arbitration—survive termination.

 

15. Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. For matters not subject to arbitration, you consent to the exclusive jurisdiction of state and federal courts located in New Jersey.

 

16. Entire Agreement; Severability

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Esterelle regarding the Site. If any provision is found invalid, the remaining provisions continue in full force and effect.

A printed version of these Terms shall be admissible in any legal or administrative proceeding.

 

17. Changes to These Terms

We may update or modify these Terms at any time, in our sole discretion. The updated Terms will be posted on the Site with an updated effective date. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

 

18. Contact Us

If you have questions about these Terms, please contact:

Esterelle, LLC
333 Beech Spring Road
South Orange, NJ 07079
Email: team@babbleboxx.com

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