Terms of Service

Last updated: August 30, 2025

These Terms of Service (“Terms”) govern your access to and use of totsbest.com and any emails or content we provide (collectively, the “Site” or “Service”). By using the Service, you agree to these Terms and to any policies referenced here (e.g., our Privacy Policy and Affiliate Disclosure). If you do not agree, do not use the Service. You must be the age of majority in your province/territory or have a parent/guardian’s consent.

1) Informational Only — No Medical or Professional Advice

Tots Best publishes general informational reviews and guides about baby/toddler products. We do not provide medical, health, legal, tax, or professional advice. The Service is not a substitute for professional care or diagnosis, and does not create any doctor–patient or other professional relationship. Always consult a qualified professional (e.g., pediatrician) about health or safety decisions. Use the Service at your own risk.

2) User Obligations

You agree to: (a) use the Service only for lawful purposes; (b) comply with all applicable laws and regulations (including privacy, IP, sanctions/export control where relevant); (c) provide accurate information if you choose to contact or subscribe; and (d) be responsible for your devices, accounts, passwords, and internet connection. We may suspend or terminate access at any time for suspected violations or risks to the Service.

3) License Grant & Ownership

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial use, subject to these Terms. All content on the Service (text, images, logos, layout, look & feel) is owned by Tots Best or its licensors and protected by law. No reproduction, distribution, public display, scraping, framing, or derivative works without our prior written permission.

4) Prohibited Activities

You agree not to:

reverse engineer or attempt to access source code;
use bots, scrapers, or other automated means not provided by us;
upload malware, attempt to gain unauthorized access, or interfere with the Service;
remove notices, mask attribution, or misrepresent your affiliation;
use the Service to harass, defame, or violate others’ rights;
post or transmit unlawful, obscene, hateful, or infringing content;
collect or harvest others’ data without consent;
use the Service if you are under 13. (We do not direct the Service to children under 13.)

5) Community/UGC

If we enable comments, forums, or submissions (“UGC”):

Your content: By posting, you grant Tots Best a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, translate, distribute, and display your UGC in any media for any lawful purpose.
You represent you have necessary rights and permissions and that your UGC is lawful and accurate.
Moderation: We may (but have no duty to) monitor, edit, refuse, or remove UGC for any reason.
Public areas are visible to others; do not post sensitive info.

6) Commercial Transactions (present or future)

We currently provide content free of charge and may use affiliate links (see Affiliate Disclosure). If we later offer paid products/services or subscriptions:

you authorize us or our processors to charge your selected payment method;
you are responsible for taxes, accurate billing info, and any applicable recurring fees;
failure to pay may result in suspension/termination;
some offers may be subject to additional terms presented at purchase.

7) Third-Party Content, Retailers & Links

We link to and discuss third-party sites and products (e.g., Amazon, retailers, brands). We do not control third-party sites, content, policies, pricing, or availability and are not responsible for them. Your dealings with third parties are solely between you and those third parties. Prices and availability change without notice—always verify on the retailer’s page before purchasing.

8) Sweepstakes, Contests & Promotions

Promotions we host will have official rules that supplement these Terms. By entering, you agree to those rules. In case of conflict, the official rules control.

9) Accounts, Passwords & Security

If you create an account, keep credentials confidential and do not share them. You are responsible for all activity under your account. Notify us immediately of any unauthorized use. We are not liable for losses resulting from compromised credentials.

10) Linking to Our Site

You may link to public pages of the Site in a fair, lawful, and non-misleading way that does not imply our sponsorship or endorsement. We may revoke linking permission at any time. Do not frame the Site or place links on sites that are unlawful, infringing, or offensive.

11) Privacy

Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, disclose, and safeguard personal information and your choices (PIPEDA/CASL compliant).

12) Disclaimers (No Warranties)

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, TOTS BEST AND ITS OWNERS, AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

13) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TOTS BEST AND ITS OWNERS, AFFILIATES, PARTNERS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, CONTENT, LINKS, OR THIRD-PARTY DEALINGS—EVEN IF ADVISED OF THE POSSIBILITY. WHERE LIABILITY CANNOT BE EXCLUDED, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF: (A) CAD $50 OR (B) THE AMOUNT YOU PAID US (IF ANY) IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS; IN SUCH CASES, THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED.

14) Indemnification

You agree to defend, indemnify, and hold harmless Tots Best and our owners, affiliates, and partners from any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your UGC; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

15) Copyright Policy (Canada “Notice-and-Notice”; US courtesy)

We respect IP rights. If you believe content on our Site infringes your copyright, email us with: (1) identification of the work; (2) the allegedly infringing URL(s); (3) your contact details; and (4) a good-faith statement of unauthorized use. In Canada, we may receive and forward notices under the Notice-and-Notice regime. If you are in the U.S., you may send a DMCA-style notice; we handle such notices in good faith even though we are Canada-based. Contact for copyright: totsbestonline@gmail.com (Subject: “Copyright Notice”)

16) Jurisdictional Issues

We make no representation that the Service is appropriate or available in all locations. Accessing the Service where it is unlawful is prohibited. We may limit the Service, in whole or in part, to any person or region at any time.

17) Termination

We may suspend or terminate your access to the Service, with or without notice, for any reason (including suspected violations, fraud/abuse, or risk to the Service). Upon termination, the license in Section 3 ends immediately.

18) Governing Law & Venue (Canada)

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. You agree to the exclusive jurisdiction and venue of the courts in Calgary, Alberta, for any disputes not subject to arbitration (Section 19), except where consumer-protection law requires a different forum.

19) Arbitration; Class-Action Waiver (to the extent permitted by law)

Arbitration. To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be finally resolved by binding arbitration seated in Calgary, Alberta, administered under the ADRIC Arbitration Rules (or successor rules) by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek interim injunctive relief in court to preserve the status quo pending arbitration. No class actions. TO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY and not as a plaintiff or class member in any purported class or representative proceeding. You or we may bring an individual action in small-claims court in Alberta for disputes within that court’s jurisdiction. If any part of this Section is found unenforceable as to a particular claim, that claim (and only that claim) may proceed in court; the remainder stays in effect.

20) Waiver, Severability, Assignment, Entire Agreement

Our failure to enforce any provision is not a waiver. If any provision is unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remainder remains in effect. You may not assign your rights or obligations without our prior written consent; we may assign freely (including in a merger, acquisition, or asset sale). These Terms and referenced policies are the entire agreement between you and us regarding the Service.

21) Changes to the Service and to these Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may update these Terms from time to time; the “Last updated” date shows when changes were made. Your continued use after changes are effective constitutes acceptance of the updated Terms.

22) Contact

Questions about these Terms:
Email: totsbestonline@gmail.com
Mailing address: Available upon request.