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Newborn And First-Year Essentials

Newborn vs. 0–3 Months: How to Choose Baby Clothes, Size Charts, and Practical Buying Strategies

by Baby Kid Squad 21 Jan 2026

Table of Contents

  1. Key Highlights:
  2. Introduction
  3. What “newborn” and “0–3 months” actually mean
  4. Size charts and measuring your baby correctly
  5. Why many babies skip newborn sizes and what that means for parents
  6. Practical examples: three birth scenarios and wardrobe plans
  7. Which garments matter most in the first 3 months
  8. Building a newborn wardrobe by week and month
  9. Fabrics, closures, and safety considerations
  10. Seasonal and climate considerations
  11. Buying strategies: what to buy, what to skip, and registry tips
  12. Secondhand and hand-me-down considerations
  13. Dressing, changing, and handling tips for the first weeks
  14. Real-world brand differences and customer experience
  15. When to size up: signs beyond weight and length
  16. Economic and environmental considerations
  17. Laundry, storage, and care to extend garment life
  18. Common pitfalls and how to avoid them
  19. When to consult sizing professionals or pediatricians
  20. FAQ

Key Highlights:

  • Newborn and 0–3 months labels overlap but reflect different weight/length ranges; many infants skip newborn sizes entirely while smaller babies may stay in newborn for several weeks.
  • Choose clothes based on baby’s weight, length, and proportions rather than age alone; soft fabrics, snap/zip closures, and adjustable features extend wear and improve safety.
  • Buy a few newborn items, prioritize 0–3 months for most registries, and plan returns or exchanges for uncertain sizes; laundering, seasonal fabrics, and safe-sleep considerations influence usable life of garments.

Introduction

A single clothing label — “newborn” — can feel decisive: parents imagine tiny socks, hospital photos, and fragile first days. The reality is messier. Babies arrive at a wide range of weights and lengths, and clothing sizes are neither universal nor a guarantee. The difference between newborn and 0–3 months often determines how many outfits you’ll need, what to pack in the hospital bag, and how much you should spend on cute but short-lived pieces.

This guide translates size charts into practical choices. It explains why brands vary, how growth patterns affect wardrobe needs, and which garments deliver the most utility and safety. Real-world examples illustrate common scenarios: large babies who never wear newborn sizes, small infants who rely on them for weeks, and average babies who move through sizes steadily. Read on for a detailed, actionable framework to build a newborn wardrobe that fits both the child and the family’s routine.

What “newborn” and “0–3 months” actually mean

Clothing sizes for the first months are shorthand based on typical infant dimensions, not precise prescriptions. Labels exist to help shoppers, but manufacturers use different cut tolerances, and babies don’t follow a single template.

Typical manufacturer ranges

  • Newborn: often intended for babies roughly 5–8 pounds (2.3–3.6 kg) and up to about 20–21 inches (50–53 cm) in length.
  • 0–3 months: commonly designed for babies about 8–12 pounds (3.6–5.4 kg) and 21–24 inches (53–61 cm).

These ranges overlap. A newborn label may fit a 7.5-pound infant at birth while a 9-pound baby may fit 0–3 months comfortably. Many brands publish their own size charts showing weight and height ranges; consult those when possible. Still, expect variation: some “newborn” pieces will fit larger infants and some 0–3 months will be generous.

Why sizes overlap Manufacturers need flexible sizing to cover a broad customer base. Overlap reduces instances where a baby falls between two rigid sizes. Cut and style also matter: kimono-style tops, envelope necklines, and rompers with snap closures accommodate a range of body types better than fitted dresses or narrow sleeves.

Most babies wear both sizes at some point

  • Some infants wear newborn for only a few days, if at all.
  • Others, especially those born small or premature, may use newborn clothing for multiple weeks.
  • Typical use of 0–3 months ranges from several weeks to the full three months, depending on growth velocity.

Size charts and measuring your baby correctly

A practical size choice depends on accurate measurement. Pediatrician visits will track weight and length, but parents can check fit at home with a few simple steps.

How to measure weight and length at home

  • Weight: Use a baby scale when available; alternatively, weigh yourself holding the baby and subtract your own weight. Do this on a flat surface and remove heavy clothes or shoes.
  • Length: Lay the baby flat on a firm, even surface. Straighten legs gently and measure from the crown of the head to the heels. A flexible measuring tape works best.

Interpreting size charts Below is a general reference. Treat it as guidance not gospel.

  • Preemie: up to about 5–6 lbs (2.3 kg); length under 18 in (46 cm)
  • Newborn: 5–8 lbs (2.3–3.6 kg); up to ~20–21 in (50–53 cm)
  • 0–3 months: 8–12 lbs (3.6–5.4 kg); 21–24 in (53–61 cm)
  • 3–6 months: 12–16 lbs (5.4–7.3 kg); 24–27 in (61–69 cm)

Check brand-specific charts: Carter’s, Gerber, H&M, and other major retailers each provide slightly different cutoffs. If shopping online, consult the product’s sizing guide and customer reviews for fit comments.

Fit cues that matter more than the label

  • Neck and shoulder fit: Neck openings should allow easy passage of the head without forcing. Envelope necklines and snaps at the shoulder simplify dressing.
  • Torso length: Onesies and sleepwear should cover diaper area without bunching at the waist or riding up under the armpits.
  • Sleeve and leg length: Sleeves should reach the wrist without covering the hands (unless built-in mittens are intended). Leg seams should not be excessively tight in the thigh or crotch.
  • Mobility and comfort: Fabrics should stretch or give just enough for movement. Tight garments limit circulation and quicken irritation.

Why many babies skip newborn sizes and what that means for parents

One of the most common questions is whether to buy newborn clothes at all. The answer depends on anticipated birth weight and personal priorities.

Large newborns often skip “newborn” Babies born at 8.5–9 pounds typically fit straight into 0–3 months. Parents who know they are expecting a larger-than-average baby—based on prenatal measurements or family history—can decide to purchase minimal newborn clothing and focus on 0–3 months.

Small newborns and preemies rely on smaller sizes Infants born under 6 pounds and many preemies will need true newborn or preemie sizes for several weeks. These clothes may also be hand-me-downs or special purchases because many pieces in standard newborn ranges are still too large for very small infants.

Practical purchasing approach

  • If birth weight is unknown or expected near the average range, buy a small set (2–4 pieces) of newborn clothing plus a larger set of 0–3 months.
  • If a baby is expected large (e.g., 8.5+ lbs), prioritize 0–3 months.
  • For preterm risk or low birth weight, prepare preemie and newborn options.

Hospital photos and first outfits Parents often want a cute “coming home” outfit. For larger newborns, choose a 0–3 months outfit. For small infants, premade newborn clothes may be oversized at the hospital but can work for photos if layered. Hospitals often provide basic gowns or wraps that are practical during the shortest stay.

Practical examples: three birth scenarios and wardrobe plans

Scenario 1 — Baby born 9 lb 2 oz, 21.5 in

  • Likely to skip newborn size.
  • Recommended purchase: 6–8 items in 0–3 months (onesies, sleepers, a cardigan or hat depending on season).
  • Hospital bag: 1–2 0–3 months outfits, a muslin blanket, and a hat.

Scenario 2 — Baby born 7 lb 8 oz, 20 in

  • May fit newborn pieces for a short period and quickly move to 0–3 months.
  • Recommended purchase: 3–4 newborn basics and 6–8 0–3 months items.
  • Practical strategy: buy fewer newborns and purchase more 0–3 months later if needed.

Scenario 3 — Baby born 5 lb 10 oz, 18.5 in (small-for-gestational age)

  • Will likely need newborn or even preemie sizes for several weeks.
  • Recommended purchase: 6–8 newborn and 2–4 preemie pieces or plan to get preemie from hospital.
  • Wash and use multiple small sizes because they may require frequent changes.

These examples illustrate the value of a flexible strategy: buy a small number of newborn outfits, a larger set of 0–3 months, and be prepared to exchange or buy additional sizes after the baby arrives.

Which garments matter most in the first 3 months

Not all pieces offer the same value. Prioritize practicality and safety.

High-priority items

  • Long-sleeve and short-sleeve onesies: Core layering pieces, easy for diaper changes.
  • Sleepers/one-piece pajamas with snaps or zippers: Ideal for safe sleep and quick changes.
  • Kimono-style tops or side-snap shirts: Excellent for small or jaundiced infants who need minimal handling.
  • Hats and socks: Newborns lose heat quickly; head coverings help with temperature regulation in the first hours and days.
  • Swaddles or sleep sacks: Swaddles for early soothing, wearables for safe sleep as the baby grows.

Lower-priority, nice-to-have items

  • Specialty “coming home” outfits: Photogenic but seldom practical beyond the first wear.
  • Dresses and formal outfits: Useful for events, but frequent washing and tight cuts limit daily use.
  • Decorative shoes: Not necessary until infant starts standing; soft booties are sufficient.

Choose garments with user-friendly design

  • Envelope necks, side snaps, or zippers reduce the need to pull garments over the head.
  • Envelope necklines are particularly useful for infants with recovering umbilical cords or feeding difficulties.
  • Zippers that zip from the bottom are faster for night diaper changes.

Building a newborn wardrobe by week and month

Knowing how often babies soil clothing and how quickly they grow helps determine quantities.

Newborn to 2 weeks

  • Expect frequent outfit changes because of spit-up, meconium, and diaper leaks.
  • Recommended counts: 6–8 onesies, 4–6 sleepers, 4–6 bibs, several swaddles.

Weeks 2–8

  • Many infants stabilize; some will outgrow newborn sizes.
  • Recommended counts: 8–10 onesies (0–3 months), 6–8 sleepers, 6–8 receiving blankets, a couple of lightweight outer layers.

Month 2–3

  • Growth spurts may push some infants into the next size bracket.
  • Maintain versatile pieces: sleep sacks for safe sleep, a lightweight jacket for outings, and a few season-appropriate layers.

Laundry frequency is a major factor If doing laundry frequently, lower counts are acceptable. Families who prefer less washing should stock larger numbers of basics.

Fabrics, closures, and safety considerations

Material choice affects comfort, durability, and safety for newborns.

Fabric recommendations

  • Cotton (100% or high percentage): Breathable, soft, and widely available. Organic cotton reduces exposure to some manufacturing chemicals.
  • Cotton blends: Often more durable and less prone to shrinkage but check breathability.
  • Bamboo and modal blends: Naturally soft and moisture-wicking; can be good for sensitive skin.
  • Avoid heavy synthetics for sleepwear that may cause overheating.

Closure and safety features

  • Snaps vs. zippers: Snaps are gentle for small infants and useful where neck or torso control is needed. Zippers are faster for overnight changes; choose designs with a protective flap at the neck.
  • No drawstrings: Avoid garments with drawstrings or loose ties that pose strangulation risk.
  • Elastic waistbands: Should be snug without digging in; watch for brittle elastic in older hand-me-downs.
  • Flame-resistant sleepwear: Many ready-to-wear baby pajamas are made with flame-resistant fabrics; snug-fitting cotton sleepwear is an alternative in some markets. Check local safety guidance.

Washing and shrinkage

  • Prewash all new garments to remove manufacturing residues and reduce shrinkage.
  • Expect up to 3–5% shrinkage in cotton garments after the first wash; factor this into acceptability for newborn fit.
  • Use mild, fragrance-free detergents, rinse thoroughly, and avoid fabric softeners that can reduce flame resistance.

Seasonal and climate considerations

Seasonality affects size choices because layering creates more room for fit and extending garment life.

Cold-weather dressing

  • Sleep sacks and layered clothing allow warmth without tightness.
  • Choose heavier sleepwear sizes if you anticipate multiple layers.
  • Hats, mittens, and thicker socks help preserve heat.

Warm-weather dressing

  • Lightweight onesies and breathable swaddles prevent overheating.
  • Skipping heavy outer layers makes a size fit longer because thicker layers don’t add bulk under clothing.

Layering to extend wear A slightly larger 0–3 months onesie under an oversized sweater can accommodate a longer torso length and allow the baby to wear the pieces for more weeks.

Buying strategies: what to buy, what to skip, and registry tips

Approach purchases with a plan tied to expected birth weight, lifestyle, and laundry habits.

How many of each item to buy (general guidance)

  • Onesies/ bodysuits: 8–12 (mix of sizes newborn and 0–3 months)
  • Sleepers/footed pajamas: 6–8
  • Swaddles/receiving blankets: 4–6
  • Socks/booties: 6–10 pairs
  • Hats: 2–3
  • Outer layers/jackets: 1–2 seasonal
  • Coming-home outfit: 1

Registry advice

  • Include more 0–3 months items than newborn. Many well-meaning guests buy newborn, so balance the registry with specific sizes and practical pieces like sleepers and swaddles.
  • Add items that increase flexibility: gift cards, convertible sleep sacks, and adjustable rompers.

Where to invest and where to economize

  • Invest in quality sleepers and swaddles that will withstand repeated washing.
  • Economize on single-use or short-lived pieces such as tiny outfits the baby will wear once.
  • Secondhand is acceptable for non-sleepwear items if fasteners and elastic are intact and the pieces pass a hygiene check.

Returns, exchanges, and flexible options

  • Keep receipts and track return windows. Buy a few pieces from stores with generous exchange policies, allowing adjustments after the baby arrives.
  • Some retailers offer size exchanges or family discounts for later purchases.

Secondhand and hand-me-down considerations

Hand-me-downs reduce cost and environmental impact but need inspection.

What to check

  • Cleanliness and odor: Deep-clean and sanitize as appropriate.
  • Fasteners and snaps: Replace or repair missing snaps and worn elastic.
  • Safety recalls: Verify that older items are not subject to safety recalls, especially for sleepwear and car seat-related products.
  • Fabric condition: Avoid pieces with thinning fabric, frayed hems, or exposed seams that can irritate the skin.

Where secondhand is most useful

  • Jackets, sweaters, and non-sleepwear items withstand more wear.
  • Avoid used sleep sacks or infant sleep-specific gear unless in like-new condition and with no safety concerns.

Dressing, changing, and handling tips for the first weeks

Minimizing fuss and managing frequent changes improves both parent and baby experience.

Quick-change techniques

  • Keep a dedicated changing area stocked with essentials: three clean outfits within reach, diapers, wipes, and a fresh swaddle.
  • Use zippers with bottom openings for fast overnight changes.
  • Practice the “lift-and-slide” onesie change: lift the baby’s torso slightly and slip the onesie out from behind to avoid pulling arms.

Handling umbilical cord and caesarean concerns

  • For babies with a healing umbilical cord stump, choose onesies and rompers with an open front or snap closures rather than clothing that pulls tightly across the torso.
  • For C-section recovery, parents may prefer loose-fitting clothes and side-snap or kimono-style baby clothes to reduce strain during dressing.

Swaddling and transition to sleep sacks

  • Swaddling helps many newborns sleep but must be done with safe technique: keep hips loose and stop swaddling when the baby shows signs of rolling.
  • Transition to a wearable sleep sack for safe sleep as the baby begins to roll; choose adjustable sizes to extend use.

Real-world brand differences and customer experience

Brand cuts and consumer experience vary. Examples help illustrate typical differences.

Carter’s and Gerber

  • Carter’s designs generally lean slightly larger; customers often report garments that last longer in the 0–3 months size.
  • Gerber tends to provide economy basics that run true to size but with less stretch than premium materials.

Fast fashion (H&M, Zara)

  • Cut style tends to be trendier and sometimes slimmer; check sleeve and torso length carefully.
  • Price advantage; check fabric quality and shrinkage potential.

Premium and organic brands

  • Brands focusing on organic cotton or bamboo often offer softer fabrics that withstand repeated washing.
  • Higher price point but increased durability and lower irritation risk for sensitive skin.

Customer reviews are invaluable

  • When shopping online, prioritize products with many reviews that mention fit relative to size labels. These practical insights often reveal whether pieces run small, large, or true to label.

When to size up: signs beyond weight and length

Growth is not only about numbers on a scale. Fit cues are immediate and tell when to move up.

Signs it’s time to size up

  • Sleeves or leg hems ride up to the elbows or reveal the ankles frequently.
  • Neck openings force the head through and look stretched.
  • Armpit area pulls or restricts movement.
  • Sleepers no longer zip or snap without bunching at the waist.
  • Crotch snaps create uncomfortable folding around diapers.

Signs that a size is still reasonable

  • You can comfortably slip a finger between the garment and the baby’s skin.
  • Sleeves cover the wrist but don’t obstruct hand movement.
  • The garment remains comfortable during movement and feeding.

Practical test at home

  • Try pajamas or onesies in the next size and note if the baby can move freely without fabric hanging dangerously loose. A slightly larger size is often acceptable for daytime, but for sleepwear a closer fit may be preferable for safety and warmth control.

Economic and environmental considerations

Clothing decisions impact both household budgets and environmental footprints.

Buying less but better

  • Investing in a smaller number of high-quality, durable basics reduces repeated purchases and waste.
  • Neutral colors and classic designs extend the lifecycle of garments for hand-me-downs.

Resale and hand-me-down cycles

  • Consider selling or donating outgrown 0–3 months items in good condition. Many families recoup some cost by reselling or passing items along.

Waste-reduction strategies

  • Choose fabrics that tolerate frequent washing and maintain shape to stay useful longer.
  • Avoid impulse purchases for single occasions; alternatives such as borrowing a special outfit reduce consumption.

Laundry, storage, and care to extend garment life

Proper care makes a small wardrobe last longer and keeps garments safe for sensitive newborn skin.

Washing tips

  • Prewash new clothes before first wear to remove finishings and possible irritants.
  • Use gentle detergents without dyes or fragrances.
  • Fasten snaps and zippers before washing to avoid catching.
  • Air-dry when possible or tumble dry on low to reduce shrinkage and fabric breakdown.

Storage and rotation

  • Store in breathable containers and avoid plastic bags long-term.
  • Rotate frequently worn pieces to reduce concentrated wear.
  • Label sizes in storage boxes by age range to simplify hand-me-down sorting.

Mending and repairs

  • Replace weak elastic, reinforce worn seams, and sew on snapped replacements promptly. Simple repairs extend the life of hand-me-downs.

Common pitfalls and how to avoid them

Identifying typical mistakes prevents wasted money and frustration.

Buying too many tiny outfits

  • Cute newborn rompers often see only one wear. Buy a few photo-friendly pieces and invest in practical basics.

Ignoring return policies

  • Without an exchange plan, parents may be stuck with unusable sizes. Keep receipts and buy at retailers with flexible return policies.

Over-reliance on weight alone

  • Many parents focus solely on weight, but torso length and head size influence fit. Check both weight and length when choosing the best size.

Ignoring the season and layering needs

  • A tight newborn outfit in winter becomes problematic when additional layers are required. Factor seasonality into size choice and layering strategies.

When to consult sizing professionals or pediatricians

Rarely does clothing size require medical advice, but in some situations professional guidance is helpful.

Consult a pediatrician when:

  • The baby is consistently dropping percentiles or showing growth concerns.
  • Preterm infants have unique fitting needs that might benefit from medical guidance on handling and clothing choices.

Retail-fit consultations

  • Some specialty baby stores offer fitting guidance and allow dressing practice; use these resources if uncertain about cut and function.

FAQ

Q: Should I buy newborn or 0–3 months for my registry? A: Prioritize 0–3 months. Include a small number (2–4) of newborn pieces for photo and transitional use. Note size preferences on the registry to guide gift-givers.

Q: How many sleepers and onesies will I actually need? A: For regular laundries, plan 6–12 onesies and 6–8 sleepers for the first three months. Adjust upward if you have laundry constraints or expect frequent messes.

Q: What if my baby is larger than average at birth? A: Focus purchases on 0–3 months and larger. Bring 0–3 months outfits in the hospital bag and choose items with forgiving neck openings.

Q: How long does a baby typically wear newborn size? A: For many babies, newborn fits for only a few days to a couple of weeks. Small infants and preemies may require newborn or preemie sizes for several weeks.

Q: Are zippers better than snaps for newborns? A: Zippers are faster for night changes; snaps offer better flexibility for small or medically vulnerable infants. Choose based on personal preference and nighttime routine.

Q: Can I use hand-me-down clothes safely? A: Yes, if they’re clean, the fasteners work, elastic is intact, and the pieces aren’t subject to safety recalls. Avoid older sleepwear if flame resistance or fabric integrity is in question.

Q: How should I store outgrown sizes? A: Clean and dry garments thoroughly, label boxes by size and season, and store in breathable containers. Keep newer items separate for future use or gifting.

Q: How do I know when to size up at night? A: If sleepers don’t zip or snap comfortably or if sleeves and legs ride up, try the next size for sleep to ensure warmth and safety.

Q: Are there universal size standards across brands? A: No. Brands differ. Use brand-specific sizing charts and customer feedback to make the best choice.

Q: What fabric is best for newborn skin? A: Soft, breathable natural fibers like cotton or bamboo blends are good options. For sensitive skin, consider organic cotton and fragrance-free detergents.

Q: How can I make a small wardrobe last longer? A: Choose flexible pieces with stretch, use layering, rotate garments frequently, and repair items promptly. Buy neutral, classic styles for hand-me-down potential.

Q: When should I discontinue swaddling? A: Stop swaddling when your baby shows signs of rolling. Transition to a wearable sleep sack to maintain safe sleep.

Q: Do newborn sizes differ by country? A: Yes. International size labels and cut standards vary. Check conversion charts when purchasing from overseas retailers.

Q: What is the best hospital bag outfit? A: Pack a soft onesie and a sleeper in 0–3 months or newborn based on expected birth weight, plus a hat and a muslin blanket. Include an extra outfit in the next size for safety.

Q: Are mittens necessary? A: Built-in mittens or separate mittens prevent scratching for some newborns but may be unnecessary if parents regularly trim nails. Choose breathable options.

This guidance turns sizing charts into decisions that match family needs. Prioritize comfortable, safe garments and buy with adaptability in mind. The smallest additions to a newborn wardrobe — a second onesie, a soft swaddle, a slightly larger sleeper — often deliver the largest returns in usefulness and peace of mind.

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  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which babykidstore.com links, and that link to babykidstore.com. Baby Kid Store does not have any control over those non-Baby Kid Store websites and webpages, and is not responsible for their contents or their use. By linking to a non-Baby Kid Store website or webpage, Baby Kid Store does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Baby Kid Store disclaims any responsibility for any harm resulting from your use of non-Baby Kid Store websites and webpages.
  7. Copyright Infringement and DMCA Policy. As Baby Kid Store asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by babykidstore.com violates your copyright, you are encouraged to notify Baby Kid Store in accordance with Baby Kid Store Digital Millennium Copyright Act ("DMCA") Policy. Baby Kid Store will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Baby Kid Store will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Baby Kid Store or others. In the case of such termination, Baby Kid Store will have no obligation to provide a refund of any amounts previously paid to Baby Kid Store.
  8. Intellectual Property. This Agreement does not transfer from Baby Kid Store to you any Baby Kid Store or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Baby Kid Store. Baby Kid Store, babykidstore.com, the babykidstore.com logo, and all other trademarks, service marks, graphics and logos used in connection with babykidstore.com, or the Website are trademarks or registered trademarks of Baby Kid Store or Baby Kid Store licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Baby Kid Store or third-party trademarks.
  9. Advertisements. Baby Kid Store reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. Baby Kid Store reserves the right to display attribution links such as 'Blog at babykidstore.com,' theme author, and font attribution in your blog footer or toolbar.
  11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
  12. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
  13. Changes. Baby Kid Store reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Baby Kid Store may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  14. Termination. Baby Kid Store may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your babykidstore.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Baby Kid Store if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Baby Kid Store notice to you thereof; provided that, Baby Kid Store can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  15. Disclaimer of Warranties. The Website is provided "as is". Baby Kid Store and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Baby Kid Store nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  16. Limitation of Liability. In no event will Baby Kid Store, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Baby Kid Store under this agreement during the twelve (12) month period prior to the cause of action. Baby Kid Store shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Baby Kid Store Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  18. Indemnification. You agree to indemnify and hold harmless Baby Kid Store, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  19. Miscellaneous. This Agreement constitutes the entire agreement between Baby Kid Store and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Baby Kid Store, or by the posting by Baby Kid Store of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Baby Kid Store may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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