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Terms of Use
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 The Baby Tree. The collective work includes works that are licensed
to The Baby Tree. Copyright 2009 to 2014, The Baby Tree 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 The Baby Tree or
purchasing The Baby Tree 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 The Baby Tree or to
purchase The Baby Tree 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 The Baby Tree. 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 The Baby Tree used in the site are
trademarks or registered trademarks of The Baby Tree.
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, The Baby Tree disclaims all warranties, express or
implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and
non-infringement. The Baby Tree 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. The Baby Tree
does not make any warranties 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
The Baby Tree 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 The Baby Tree 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 The Baby Tree product is mistakenly
listed at an incorrect price, The Baby Tree reserves the
right to refuse or cancel any orders placed for product listed at the
incorrect price. The Baby Tree 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, The Baby Tree 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 The Baby Tree 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
The Baby Tree 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 The Baby Tree.
Miscellaneous
Your
use of this
site shall be governed in all respects by the laws of the state of
South Dakota, 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 The Baby Tree
products) shall be in the state or federal courts
located in Lincoln County, South Dakota. Any cause of action or
claim you may have with respect to the site (including but not
limited to the purchase of The Baby Tree products) must
be commenced within one (1) year after the claim or cause of action
arises. The Baby Tree'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. The Baby Tree 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 The Baby Tree 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, invasion 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.
Participation
Disclaimer
The Baby Tree does not and cannot
review all communications and materials posted to or created by users
accessing the site, and is not in any manner responsible for the
content of these communications and materials. You acknowledge that
by providing you with the ability to view and distribute
user-generated content on the site, The Baby Tree is
merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, The Baby Tree reserves
the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark
or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to The Baby Tree in its sole
discretion.
Indemnification
You agree
to indemnify, defend, and hold harmless The Baby Tree,
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, The Baby Tree may link to sites operated by third parties. However,
even if the third party is affiliated with The Baby Tree, The Baby Tree has no control over these linked sites, all
of which have separate privacy and data collection practices,
independent of The Baby Tree. These linked sites are only
for your convenience and therefore you access them at your own risk.
Nonetheless, The Baby Tree 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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