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Terms and Conditions
General
Thank you for visiting Mama & Baby Essentials, Inc. ("MamaAndBabyEssentials.com"). Our wish is for your experience, as our guest; to be the best it can be so please review our Terms and Conditions of Use. Upon accessing our website you expressly agree and consent to all the following terms and conditions.
MamaAndBabyEssentials.com provides its services and website to you, subject to the notices, terms, and conditions set forth in this agreement. Additionally, when you use any MamaAndBabyEssentials.com service (e.g., Shopping, Navigating, Customer Reviews, etc), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. MamaAndBabyEssentials.com reserves the right to change this Site and these terms and conditions at any time. Accessing, browsing or otherwise using this website indicates your agreement to all of the terms and conditions within this agreement. Please read this agreement carefully before proceeding.
General Agreement
(A) This Agreement, which incorporates by reference other provisions applicable to use of the MamaAndBabyEssentials.com Website, including, but not limited to, governing the use of certain specific material contained in MamaAndBabyEssentials.com Website, sets forth the terms and conditions that apply to use of MamaAndBabyEssentials.com. By using MamaAndBabyEssentials.com Website (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use MamaAndBabyEssentials.com Website is personal to you and is not transferable to any other person or entity. You are responsible for all use of Your Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) MamaAndBabyEssentials.com shall have the right at any time to change or discontinue any aspect or feature of MommyandMeEssentials.com Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Registration and Your Account
Upon registration you are responsible for your password and account access and you agree to accept all responsibility for actions that occur under your account and password. Impersonations of any kind, such as false e-mail addresses or misrepresentation of identity or authorship, will also constitute a breach of these Terms and Conditions of Use.
Minimum Age Requirement
Even though the majority of our products are intended for children, all products are for purchase only by adults 18 years and older.
Pricing
We reserve the right to change any price at which we offer goods or services and to correct any errors in the pricing contained within our website. We shall have no liability for any such changes or errors and are not bound to fulfill orders at old or erroneous prices. This includes shipping charges as well.
Use of Site
Subject to the terms and conditions of this Agreement, MamaAndBabyEssentials.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by MamaAndBabyEssentials.com in advance. Any breach of this Agreement shall result in the immediate revocation and termination of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by MamaAndBabyEssentials.com (MamaAndBabyEssentials.com) in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by MamaAndBabyEssentials.com in advance of such use. MamaAndBabyEssentials.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if MamaAndBabyEssentials.com believes that customer or website use or conduct violates applicable law or is harmful to any of MamaAndBabyEssentials.com interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
MamaAndBabyEssentials.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and MamaAndBabyEssentials.com has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access or use of the MamaAndBabyEssentials.com website is authorized by you. This includes and without limitation all communications, transmissions and all financial obligations incurred with such access. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify MamaAndBabyEssentials.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Contents and Graphics
We are committed to correcting any graphical, textual, or factual errors in our content. Whether it is a misspelled word, broken link, or a missing or incorrectly matched photo, please notify us at customerservice@MommyandMeEssentials.com and we will do our best quickly to rectify any errors. Mama & Baby Essentials does not warrant that our product descriptions or other content are current, reliable, accurate or complete. If you feel a product received by you from Mama & Baby Essentials is not as it is described, your only course of action is to return the item in unused condition.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide MamaAndBabyEssentials.com, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions and will be treated as non-confidential and non-proprietary, and MamaAndBabyEssentials.com shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. All submissions shall automatically become the sole and exclusive property of MamaAndBabyEssentials.com and shall not be returned to you.
In addition to the rights applicable to any submission, when you post comments or reviews to the Site, you also grant MamaAndBabyEssentials.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by MamaAndBabyEssentials.com will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead MamaAndBabyEssentials.com or third parties as to the origin of any Submissions or Content. MamaAndBabyEssentials.com may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
COPYRIGHT AND PATENTS
All text, graphics, button icons, images, audio clips, and software (collectively known as, "Web Content"), belongs exclusively to MamaAndBabyEssentials.com or its Web Content suppliers. The collection, arrangement, and assembly of all Web Content on this Site belong exclusively to MamaAndBabyEssentials.com. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of our content or software is strictly prohibited.
TRADEMARKS
You shall use MamaAndBabyEssentials.com Website for lawful purposes only. Subscriber shall not post or transmit through MamaAndBabyEssentials.com Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without
MAMAANDBABYESSENTIALS.COM's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in MAMAANDBABYESSENTIALS.COM's discretion restricts or inhibits any other Subscriber from using or enjoying MAMAANDBABYESSENTIALS.COM Website will not be permitted. Subscriber shall not use MAMAANDBABYESSENTIALS.COM Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with MAMAANDBABYESSENTIALS.COM Website.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, MamaAndBabyEssentials.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and MamaAndBabyEssentials.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
DISCLAIMER AND LIMITATION OF LIABILITY
This Website, the products offered for sale on it and the transactions conducted through the website are provided by MamaAndBabyEssentials.com (MAMAANDBABYESSENTIALS.COM, Inc.) on an "As Is" basis. MamaAndBabyEssentials.com (MAMAANDBABYESSENTIALS.COM, Inc) makes no representations or warranties of any kind (express or implied) on this website. To the fullest extent permissible by applicable law, MamaAndBabyEssentials.com (MAMAANDBABYESSENTIALS, Inc) disclaims all warranties, data accuracy and overall system integrity. Though it is not our intention, this site may include inaccuracies, mistakes or typographical errors. We, MamaAndBabyEssentials.com, do not warrant that the content will be uninterrupted or that it will be error free.
MamaAndBabyEssentials.com will not be liable for any damages of any kind arising from the use of this website, including, but not limited to incidental or consequential damages.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, MamaAndBabyEssentials.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MamaAndBabyEssentials.com will also have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MamaAndBabyEssentials.com shall immediately issue a credit to your credit card account in the amount of the charge. This included errors in shipping calculations.
LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that MamaAndBabyEssentials.com is not responsible for the operation of or content located on or through any such site.
REMEDIES
You agree that MamaAndBabyEssentials.com's remedy at law for any actual or threatened breach of this agreement would be inadequate and that MamaAndBabyEssentials.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that MamaAndBabyEssentials.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
CHANGED TERMS
MAMAANDBABYESSENTIALS.COM shall have the right at any time to change or modify the terms and conditions applicable to your use of MAMAANDBABYESSENTIALS.COM Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately without notice
OUR ADDRESS
Please send any questions or comments regarding this Site to:
Mama & Baby Essentials, Inc.
(MamaAndBabyEssentials.com)
1167 S.W. 26th Avenue
Deerfield Beach, Florida 33442 |
