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Terms of Use
Please read this agreement carefully before accessing or using this site. By accessing or using the site, you agree to be bound by this agreement. The information and services on this site are provided by SmartMomma Baby Gear & Gifts Inc. ("SmartMomma") and its suppliers, subject to your agreement to the terms and conditions below.
You may only use the web site www.smartmomma.com (the "Site") pursuant to the terms and conditions of use on that particular Site, which you accept by your use of the Site. We reserve the right to modify or revise the Terms of Use at any time at our sole discretion without prior notice to you. Your use of this Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms of Use as changed. Therefore visit the terms of use page each time you visit the Site. In the event that you do not agree to any changes or modifications of the Terms of Use you should not continue to use the Site.
Email Communication
When you visit this Site or send emails to us you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Additional Services
When you use any of our future or current services (for example: our catalog) you will also be subject to these Terms of Use and any additional guidelines and conditions applicable to such service or business.
Privacy
Please review the
Privacy Policy
, which also governs your use of the Site and is incorporated herein.
Use of the Site
By accepting these Terms of Use though your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use. We do not intentionally collect personal information about children under the age of 13. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Site. All billing and registration information must be truthful and accurate.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "Spamming," "mailbombing" or "crashing;" (iv) sending unsolicited email, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in criminal or civil liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided on the Site by us and other than generally available third party web browsers (e.g. Microsoft Internet Explorer).
Site Content
All Content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SmartMomma Baby Gear & Gifts Inc. or its content suppliers or licensors and protected by
You shall not download (other than page caching) or modify any portion of the Site. You shall not collect or use any product listings, descriptions, or prices, for any reason other than purchasing products from the Site. You shall not make any derivative use of the Site or its contents. You shall not copy or download any account information for the benefit of another merchant. You shall not use data mining, robots or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours or our affiliates, licensors or subsidiaries. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other terms that are similar or confusing. You shall not purchase "keywords" in any internet search engines that are similar or confusing to trademarks owned by us or our licensors, affiliates or subsidiaries. In addition to all prohibitions listed above you are specifically prohibited from using any Site contents or other intellectual property owned by us without express written consent from SmartMomma Baby Gear & Gifts Inc.
Other Intellectual Property
Unless otherwise noted, all contents on the Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by SmartMomma Baby Gear & Gifts Inc. or by third parties who have licensed their material to us and are protected by
We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights.
The SmartMomma names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of SmartMomma. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner.
Third Party Information and Products
Reference on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, or purchase any third party products, you do so entirely at your own risk.
Copyright Complaints
SmartMomma Baby Gear & Gifts Inc. and its subsidiaries respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our
Notice and Procedure for Making Claims of Copyright Infringement.
Affiliate Links
You understand that affiliates may make mistakes in presenting offers or discounts on their web sites that may not be offered by us when you link to the Site. If you linked to the Site from an affiliate link you understand that we are not responsible for any mistakes or misrepresentations for any offers or discounts for products or services made by an affiliate. You understand that affiliates are not agents of ours and have no authority to bind us in any manner whatsoever. You are only eligible to receive an offer or discount made by us and we shall have no liability whatsoever for any offer, discount or promotion made by an affiliate or any third party, even if such offer, discount or promotion links to the Site.
Reviews, Comments, Communications, and other Content
In your communications with us, please keep in mind that, unless it specifically request them, we do not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Our receipt of your communications is not an admission by us of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your communications. Therefore, please do not send to us any unsolicited materials, such as ideas for toys, games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information or materials.
Visitors may post product reviews and comments, and other content and communications; and submit questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." We reserve the right (but not the obligation) to remove or edit such content. We do not review the truth or accuracy of statements made by you or its customers.
If you do post content or submit material, all reviews, feedback, postcards, suggestions, ideas and other submissions ("Comments") disclosed, submitted or offered to us on or by the Site or otherwise disclosed, submitted or offered in connection with the Site shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, we will exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You also grant to us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you make and you agree to indemnify us and our affiliates and subsidiaries for all claims arising out of or resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Indemnification
You agree to defend, indemnify and hold harmless SmartMomma Baby Gear & Gifts Inc.
and any of its affiliates, employees, directors, officers, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including attorneys' fees and court costs, arising from or related to your use of the Site.
Objectionable Material
You understand that by using the Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that we and our affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
Product Descriptions, Pricing & Taxes
We attempt to be as accurate as possible in describing the products listed on the Site. However, we do not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right at our sole discretion, to refuse or cancel any orders placed for that item. We shall also have the right to deliver only the intended product components and offer the customer an option to return the delivered product components for a full refund. Please note that we make efforts to display the colors of products included on the Site as accurately as possible. However, because the colors that you see depend on your monitor, we do not guarantee that your monitor's display of any color is accurate. Supplies of products featured online are not subject to rain checks. You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from the Site.
Order Acceptance & Purchasing Limits
The receipt of an email order confirmation does not constitute the acceptance of an order or confirm an offer to sell. We reserve the right, at its sole discretion, to refuse or cancel any order for any reason. We reserve the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same SmartMomma account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at its discretion, to prohibit sales to dealers. Verification of information may be required prior to the acceptance or shipment of any order.
Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
Disclaimer of Warranties and Limitation of Liability
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, ITS SERVERS, OR EMAIL SENT FROM
WE ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION CUSTOMER REVIEWS. WE DO NOT SPONSOR, RECOMMEND OR ENDORSE ANY THIRD PARTY, PRODUCT, SERVICE OR INFORMATION PROVIDED ON THE SITE. ALL CUSTOMER REVIEWS AND PRODUCT DESCRIPTIONS ARE FOR YOUR CONVENIENCE ONLY AND DO NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER. THIS DISCLAIMER CONSTITUES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF PERSONAL ENJOYMENT, LOSS OF PURSUING OTHER WEB SITES, LOSS OF PURSUING OTHER ACTIVITIES, LOSS OF PURCHASING FROM OTHER MERCHANTS, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU FOR THE PURCHASE OF PRODUCTS MADE THROUGH THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE ALLEGED CLAIM AROSE. THIS LIMITATION OF LIABILTY IS A MATERIAL TERM FOR ALLOWING YOUR USE OF AND ACCESS TO THE SITE.
General
This Agreement represents the complete agreement between you and SmartMomma Baby Gear & Gifts Inc.
and supersedes all prior agreements and representations between you and SmartMomma Baby Gear & Gifts Inc. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of SmartMomma Baby Gear & Gifts Inc.
to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.
Disputes
This Agreement shall be governed by and construed under
Notice and Procedure for Making Claims of Copyright Infringement
It is the policy of SmartMomma Baby Gear & Gifts Inc. to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions. Notification of claimed copyright infringement by third parties should be sent to our copyright agent. Even if you believe that a third party did not post the alleged infringing work, please send all notifications of claimed copyright infringement to our copyright agent listed below. Please note that this procedure is exclusively for notifying us of alleged copyright infringement, not for any other claims. You must submit the following information.
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
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Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our copyright agent for notice of claims of copyright infringement can be reached as follows:
SmartMomma Baby Gear & Gifts Inc.
Attention: Legal Department
Email:
information@smartmomma.com
PLEASE BE AWARE THAT CLAIMANTS WHO KNOWINGLY MAKE MISREPRESENTATIONS CONCERNING COPYRIGHT INFRINGEMENT MAY BE LIABLE FOR ANY DAMAGES, INCLUDING COSTS AND ATTORNEYS' FEES, INCURRED BY THE ALLEGED INFRINGER OR BY SMARTMOMMA BABY GEAR & GIFTS INC, IF INJURED BY RELYING UPON SUCH MISREPRESENTATION IN REMOVING OR DISABLING ACCESS TO THE MATERIAL OR ACTIVITY CLAIMED TO BE INFRINGING.
Changes to Site
SmartMomma and its suppliers may make improvements or changes in the information, services, products, and other materials on this site, or terminate this site, at any time without notice. SmartMomma may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.
