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Terms and Conditions
These Terms and Conditions of Use (these "Terms") are a legal contract between MaternityBoutiques.com, and you, the user accessing or using the MaternityBoutiques.com web site accessible through the URL http://www.MaternityBoutiques.com.
THESE TERMS DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES IN CONJUNCTION WITH YOUR USAGE OF THE SITE. PLEASE READ IT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY OPENING ANY PAGES OF THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS, JUST AS IF YOU HAD SIGNED THEM. YOU ALSO CONSENT TO THE COLLECTION AND USE OF INFORMATION AS SET FORTH IN GREATER DETAIL IN OUR PRIVACY STATEMENT. SHOULD YOU DECIDE TO PURCHASE ADVERTISING ON THE SITE, YOU WILL BE BOUND BY SEPARATE AND ADDITIONAL TERMS AND CONDITIONS.
1. Third Party Internet Web Sites
MaternityBoutiques.com may from time to time provide links and pointers on the Site to Internet sites maintained by MaternityBoutiques.com's affiliates or other third parties ("Third Party Sites") and may from time to time provide third party material on the Site. These Third Party Sites and third party materials are provided as a convenience only. MaternityBoutiques.com has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and MaternityBoutiques.com is not responsible for any information provided at any Third Party Sites. MaternityBoutiques.com makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that MaternityBoutiques.com has provided a link to any Third Party Site on the Site does not constitute an endorsement, authorization, sponsorship or affiliation by MaternityBoutiques.com with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. MaternityBoutiques.com expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.
2. Timeliness of Information
All press releases and other information contained on the Site were, to the best of MaternityBoutiques.com's knowledge, timely and accurate when issued. However, the passage of time can render all things stale, and MaternityBoutiques.com is not responsible for any misconceptions which may result from the reading of dated material. You should carefully check the dates of issuance of the information contained on the Site.
3. Adult Usage
The Site is intended to be used by persons that are at least 18 years old. If you are younger than 18 years old, you may not access the Site or order products or services from MaternityBoutiques.com via the Site. If you are a parent or other person charged with the care of persons younger than 18 years old, you agree to restrict access to the Site through your computers to persons who are at least 18 years old. If one of your children accesses the Site and provides MaternityBoutiques.com with personally identifiable information, please contact us. MaternityBoutiques.com will use reasonable efforts to delete all personally identifiable information regarding your child from its databases.
4. Privacy Policy
MaternityBoutiques.com respects the privacy of its users, and has created a Privacy Policy that explains users' rights and responsibilities with respect to personal information disclosed on the Site. Read Privacy Statement.
5. Advertisers and Sponsors
The Site is both advertiser and sponsor supported. Although MaternityBoutiques.com receives compensation from advertisers and sponsors on the Site (collectively, "Sponsors"), MaternityBoutiques.com does not endorse the products or services of our Sponsors and makes no representations or warranties about the products or services of our Sponsors. You decide whether to click on advertising or sponsorship banners on the Site and whether to make purchases from our Sponsors. You are solely responsible for payment of all costs or fees associated with the purchase of goods and services from our Sponsors.
6. Disclaimer of Warranties
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. MaternityBoutiques.com HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, THE SITE, AND THE PRODUCTS AND SERVICES PROVIDED BY THE SITE INCLUDING ANY WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION 7 REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN MaternityBoutiques.com AND YOU.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MaternityBoutiques.com, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED THEREON. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, YOU AGREE THAT MaternityBoutiques.com's LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED $1,000.00
8. Indemnification
You agree to indemnify and hold harmless MaternityBoutiques.com and its directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including attorneys fees), expenses, settlements, and judgments that result from your breach of these Terms or your access and use of the Site.
9. Copyrights
MaternityBoutiques.com grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the "MaternityBoutiques Content") on the Site solely for your personal, non-commercial use. MaternityBoutiques.com may revoke such privilege at any time with or without notice for any reason or no reason. Any and all MaternityBoutique Content, software and other works on the Site and any reproductions of any of the foregoing are the copyrighted works of MaternityBoutiques.com and/or its suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the MaternityBoutiques.com Content set forth above, MaternityBoutiques.com grants you no other privileges or rights in any of the content. You acknowledge that any other use of the content, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of MaternityBoutiques.com, is strictly prohibited.
10. Trademarks
MaternityBoutiques.com, Situation Positive Maternity, CareerII, Maternally Yours, and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the "Marks") of MaternityBoutiques.com. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from MaternityBoutiques.com. Without limiting the generality of the foregoing, MaternityBoutiques.com specifically prohibits the use of any Mark as a "hot" link to the Site or any MaternityBoutiques.com web site unless the establishment of such a link is approved in advance by MaternityBoutiques.com in writing. Failure to obtain such approval shall entitle MaternityBoutiques.com to seek an injunction enjoining such use. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.
11. Feedback
Any ideas or suggestions received from you about how to improve the Site or the products or services of MaternityBoutiques.com or any of its affiliates shall be deemed a grant of permission by you for MaternityBoutiques.com to adopt and use such ideas or suggestions without additional consideration. Any information provided by you to MaternityBoutiques.com by e-mail or otherwise shall be deemed to have been provided by you and received by MaternityBoutiques.com on a non-confidential basis. With respect to all content you elect to post on the Site and any communication you direct to MaternityBoutiques.com, you automatically grant MaternityBoutiques.com a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content and/or communication (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to sublicense such rights to third parties, subject to the provisions of our Privacy Policy.
12. Compliance
MaternityBoutiques.com makes no representation or claim that any information on the Site is appropriate or may be downloaded outside the United States of America. Access to the Site and to any information thereon may not be legal by certain persons or in certain countries. If you access the Site from outside the United States of America, you do so at your own risk of liability under the laws of the United States of America or of your jurisdiction.
13. Miscellaneous
These Terms, together with our Privacy Policy and any other agreement that may be entered into by you and MaternityBoutiques.com in connection with a specific product or service of MaternityBoutiques.com, constitute the entire agreement between you and MaternityBoutiques.com and supersedes any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without the prior written consent of MaternityBoutiques.com. MaternityBoutiques.com may modify or amend these Terms and the Privacy Policy at any time without notice to you. You should regularly review these Terms for any modifications or amendments to these Terms as your continued use of the Site after a modification or amendment signifies your assent and agreement to these Terms, as amended. If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms and your use of the Site and any products and services provided by the Site shall be governed by the laws of the United States of America.
MaternityBoutiques.com
www.MaternityBoutiques.com
PO Box 142
Mishawaka, IN 46546-0142
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