Conditions of Use
Welcome to Athleticbaby.com. Athleticbaby.com and its affiliates provide
their services to you subject to the following conditions. If you visit
or shop at Athleticbaby.com, you accept these conditions. Please read
them carefully. In addition, when you use any current or future Athleticbaby.com
service or visit or purchase from any business affiliated with Athleticbaby.com,
whether or not included in the Athleticbaby.com Web site, you also will
be subject to the guidelines and conditions applicable to such service
or business.
PRIVACY Please review our Privacy Notice, which also governs your visit to
Athleticbaby.com, to understand our practices. ELECTRONIC COMMUNICATIONS When you visit Athleticbaby.com or send e-mails to us, you are
communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail 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. COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, is the property of Athleticbaby.com or its content suppliers
and protected by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of Athleticbaby.com
and protected by U.S. and international copyright laws. All software used
on this site is the property of Athleticbaby.com or its software suppliers
and protected by United States and international copyright laws.
TRADEMARKS
Athletic Baby, Athleticbaby.com, and other marks indicated on our site
are registered trademarks of Athletic Baby, LLC. Athleticbaby.com's trademarks
and trade dress may not be used in connection with any product or service
that is not Athleticbaby.com's, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
Athleticbaby.com. All other trademarks not owned by Athleticbaby.com or
its subsidiaries that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored
by Athleticbaby.com or its subsidiaries.
LICENSE AND SITE ACCESS Athleticbaby.com grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of Athleticbaby.com. This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of Athleticbaby.com. 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 Athleticbaby.com and
our affiliates without express written consent. You may not use any meta tags
or any other "hidden text" utilizing Athleticbaby.com's name or trademarks without
the express written consent of Athleticbaby.com. Any unauthorized use terminates the
permission or license granted by Athleticbaby.com. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
Athleticbaby.com so long as the link does not portray Athleticbaby.com, its affiliates, or
their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Athleticbaby.com logo or other proprietary
graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT If you use this site, 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. Athleticbaby.com does sell products for children, but
it sells them to adults, who can purchase with a credit card. If you are under
18, you may use Athleticbaby.com only with involvement of a parent or guardian.
Athleticbaby.com and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may post reviews, comments, and other content; send
e-cards and other communications; and submit suggestions, ideas, comments,
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 software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content.
Athleticbaby.com reserves the right (but not the obligation) to remove or edit such
content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Athleticbaby.com and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content throughout the world in any media. You grant
Athleticbaby.com and its affiliates and sublicensees the right to use
the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the
rights to the content that you post; that the content is accurate; that
use of the content you supply does not violate this policy and will not
cause injury to any person or entity; and that you will indemnify Athleticbaby.com
or its affiliates for all claims resulting from content you supply. Athleticbaby.com
has the right but not the obligation to monitor and edit or remove any
activity or content. Athleticbaby.com takes no responsibility and assumes
no liability for any content posted by you or any third party.
RISK OF LOSS All items purchased from Athleticbaby.com are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier. PRODUCT DESCRIPTIONS
Athleticbaby.com and its affiliates attempt to be as accurate as possible.
However, Athleticbaby.com does not warrant that product descriptions or
other content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by Athleticbaby.com itself is not as
described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Athleticbaby.com ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Athleticbaby.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS includeD ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Athleticbaby.com DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, including, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Athleticbaby.com
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Athleticbaby.com
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Athleticbaby.com WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, including, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
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. APPLICABLE LAW
By visiting Athleticbaby.com, you agree that the laws of the state of
Texas, without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between
you and Athleticbaby.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Athleticbaby.com or
to products you purchase through Athleticbaby.com shall be submitted to
confidential arbitration in Dallas, Texas, except that, to the extent
you have in any manner violated or threatened to violate Athleticbaby.com's
intellectual property rights, Athleticbaby.com may seek injunctive or
other appropriate relief in any state or federal court in the state of
Texas, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class arbitration proceedings
or otherwise.
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