Terms
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE.
All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable
law. If you do not agree to these terms and conditions, please do
not use this site.
COPYRIGHT
The entire content included in this site, including but not limited
to text, graphics or code is copyrighted as a collective work under
the United States and other copyright laws, and is the property
of Earth Babies LLC. The collective work includes works that are
licensed to Earth Babies LLC. Copyright 2007, Earth Babies LLC ALL
RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing
an order with Earth Babies LLC or purchasing Earth Babies LLC products.
You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download or print
portions of the material from the different areas of the site solely
for your own non-commercial use, or to place an order with Earth
Babies LLC or to purchase Earth Babies LLC products. Any other use,
including but not limited to the reproduction, distribution, display
or transmission of the content of this site is strictly prohibited,
unless authorized by Earth Babies LLC. You further agree not to
change or delete any proprietary notices from materials downloaded
from the site.
TRADEMARKS
All trademarks, service marks and trade names of Earth Babies LLC
used in the site are trademarks or registered trademarks of Earth
Babies LLC.
WARRANTY DISCLAIMER
This site and the materials and products on this site are provided
"as is" and without warranties of any kind, whether express
or implied. To the fullest extent permissible pursuant to applicable
law, Earth Babies LLC disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. Earth
Babies LLC does not represent or warrant that the functions contained
in the site will be uninterrupted or error-free, that the defects
will be corrected, or that this site or the server that makes the
site available are free of viruses or other harmful components.
Earth Babies LLC does not make any warrantees or representations
regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability
or otherwise. Some states do not permit limitations or exclusions
on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Earth Babies LLC shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even
if Earth Babies LLC has been advised of the possibility of such
damages. Applicable law may not allow the limitation of exclusion
of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS
In the event that a Earth Babies LLC product is mistakenly listed
at an incorrect price, Earth Babies LLC reserves the right to refuse
or cancel any orders placed for product listed at the incorrect
price. Earth Babies LLC reserves 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 cancelled, Earth Babies LLC shall
issue a credit to your credit card account in the amount of the
incorrect price.
TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing
the site and/or completing the registration or shopping process.
These terms and conditions, or any part of them, may be terminated
by Earth Babies LLC without notice at any time, for any reason.
The provisions relating to Copyrights, Trademark, Disclaimer, Limitation
of Liability, Indemnification and Miscellaneous, shall survive any
termination.
NOTICE
Earth Babies LLC may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address
you have provided to Earth Babies LLC.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws
of the state of Washington, U.S.A., without regard to choice of
law provisions, and not by the 1980 U.N. Convention on contracts
for the international sale of goods. You agree that jurisdiction
over and venue in any legal proceeding directly or indirectly arising
out of or relating to this site (including but not limited to the
purchase of Earth Babies LLC products) shall be in the state or
federal courts located in King County, Washington. Any cause of
action or claim you may have with respect to the site (including
but not limited to the purchase of Earth Babies LLC products) must
be commenced within one (1) year after the claim or cause of action
arises. Earth Babies LLC's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall
not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall
act to modify any of these terms and conditions. Earth Babies LLC
may assign its rights and duties under this Agreement to any party
at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail,
chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Earth Babies LLC or other licensed
employee, host, or representative, as well as other members or visitors
on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute
or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site
to solicit others to join or become members of any other commercial
online service or other organization.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Earth Babies LLC,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these terms and conditions
or any activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the site
using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Earth
Babies LLC may link to sites operated by third parties. However,
even if the third party is affiliated with Earth Babies LLC,
Earth
Babies LLC has no control over these linked sites, all of which
have separate
privacy and data collection practices, independent
of Earth Babies LLC. These linked
sites are only for your convenience
and therefore you access them at your own risk.
Nonetheless, Earth
Babies LLC seeks to protect the integrity of its web site and the
links placed upon it and therefore requests any feedback on not
only its own site,
but for sites it links to as well (including
if a specific link does not work).
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