1. ACCEPTANCE
By using the Products and Services, you are agree, without
limitation or qualification, to be bound by, and to comply with, these
Terms of Use and any other posted guidelines or rules applicable to any
individual MyBabyShowerECourse Network web site, Product or Service.
2. TERMS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with
these Terms of Use. You acknowledge and agree that MyBabyShowerECourse may
terminate your access to the MyBabyShowerECourse Network or to any of the Products
and Services should you fail to comply with the Terms of Use or any
other guidelines and rules published by MyBabyShowerECourse. Any such termination
shall be in MyBabyShowerECourse's sole discretion and may occur without prior
notice, or any notice. MyBabyShowerECourse further reserves the right to terminate
any user's access to the MyBabyShowerECourse Network or to any of the Products and
Services for any conduct that MyBabyShowerECourse, in its sole discretion, believes
is or may be directly or indirectly harmful to other users, to MyBabyShowerECourse
or its subsidiaries, affiliates, or business contractors, or to other
third parties, or for any conduct that violates any local, state,
federal, or foreign laws or regulations. MyBabyShowerECourse further reserves the
right to terminate any user's access to the MyBabyShowerECourse Network or to any
of the Products and Services for any reason or for no reason at all, in
MyBabyShowerECourse's sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.MyBabyShowerECourse.com/
or another of the URLs associated with the MyBabyShowerECourse Network. The
majority of the MyBabyShowerECourse Network's content is comprised of online
shopping offers; individuals who are not permitted to access such
content under the laws of any applicable jurisdiction may not access
such content. Minors, under the age of 18, are not permitted to access
the MyBabyShowerECourse Network without parental consent. If MyBabyShowerECourse learns that
anyone under the age of 13 has accessed the Products and Services,
MyBabyShowerECourse will require verified parental consent, in accordance with the
Children's Online Privacy Protection Act of 1998 ("COPPA").
MyBabyShowerECourse does not discriminate on the basis of age, gender,
race, ethnicity, nationality, religion, sexual orientation, or any
other private status.
3. PRIVACY
You acknowledge receipt of the MyBabyShowerECourse Network Privacy Policy,
4. RESPONSIBILITY FOR MINORS
If you have authorized a minor to use the Products and Services,
you recognize that you are fully responsible for: (a) the online
conduct of such minor; (b) controlling the minor's access to and use of
the Products and Services; and (c) the consequences of any misuse by
the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE MyBabyShowerECourse NETWORK MAY
CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
5. CONDUCT OF USER
The MyBabyShowerECourse Network does not control the user or third party
Content posted via the Products and Services, and, as such, does not
guarantee the accuracy, integrity or quality of such user or third
party Content. You acknowledge and Agree that by using the Products and
Services, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will the MyBabyShowerECourse Network be
liable in any way for any user or third party Content, including, but
not limited to, for any errors or omissions in any such Content, or for
any loss or damage of any kind incurred as a result of the use of any
such Content posted, emailed or otherwise transmitted via the Products
and Services.
6. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE
FULLEST EXTENT PERMITTED BY LAW, MyBabyShowerECourse DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS
AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MyBabyShowerECourse DISCLAIMS
ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION
OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY
LINKS PROVIDED IN THE PRODUCTS AND SERVICES. MyBabyShowerECourse ALSO DISCLAIMS, TO
THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION
OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MyBabyShowerECourse DISCLAIMS ANY AND ALL
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS,
LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR
MATERIAL IN THE PRODUCTS AND SERVICES. MyBabyShowerECourse DISCLAIMS ANY
RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR
UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. MyBabyShowerECourse DISCLAIMS ANY
RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR
ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND
SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR
SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN
THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, the abovementioned disclaimers may not apply to
you.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL
MyBabyShowerECourse OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES (EVEN IF MyBabyShowerECourse OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES,
OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS
AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS
AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND
SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST
DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE
MyBabyShowerECourse NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL WEIGHTLOSS-E-BOOK.COM, ITS EMPLOYEES, LICENSORS,
AFFILIATES, ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE
OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS OR ANY THIRD
PARTIES MENTIONED IN THE WEIGHT LOSS-E-BOOK BE LIABLE FOR ANY DAMAGES
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR
INABILITY TO USE THE WEIGHTLOSS-E-BOOK.COM SITE OR THE CONTENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT WEIGHTLOSS-E-BOOK.COM IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. WEIGHTLOSS-E-BOOK.COM SHALL BE LIABLE ONLY TO THE EXTENT
OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.
WEIGHTLOSS-E-BOOK.COM IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING
DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, OR CONTENT. ANY CLAIMS
ARISING IN CONNECTION WITH YOUR USE OF THE SITE, OR CONTENT MUST BE
BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO
SUCH ACTION OCCURRED.
UNDER NO CIRCUMSTANCES SHALL MyBabyShowerECourse OR ITS LICENSORS BE HELD
LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR
INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER
EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER
EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES,
RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR
MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR,
GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR
TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS
IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In
such jurisdictions, the abovementioned limitation may not apply to you.
8. DISCLAIMER REGARDING THIRD PARTY CONTENT
The MyBabyShowerECourse Network offers access to numerous third party web pages
and content available over the Internet. MyBabyShowerECourse has no control
whatsoever over the content over the sites displayed as search results
or contained within a directory of links. MyBabyShowerECourse may set guidelines
for what may or may not appear on its web pages and may engage in
certain screening, but generally exercises no control over the content
of such web pages and is unable to police all such content. Third party
content accessible through the MyBabyShowerECourse Network from such sources is
developed by people over whom the MyBabyShowerECourse Network exercises no control.
The search results from the MyBabyShowerECourse Network are entirely from third
party companies, not MyBabyShowerECourse; MyBabyShowerECourse has no control over the search
results queried from its websites. Accordingly, neither the MyBabyShowerECourse
Network nor its licensors assume any responsibility for the content of
any site included in any search results or otherwise linked to the
MyBabyShowerECourse Network web sites.
9. PROFESSIONAL INFORMATION DISCLAIMER
The MyBabyShowerECourse Network makes available certain information related to
various professional fields such as health, fitness, nutrition, and
weight loss. IF YOU PLAN ON USING ANY OF THIS INFORMATION, YOU SHOULD
CAREFULLY RE-READ THE CAPITALIZED WORDS PRESENTED ABOVE IN THE
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions
will have special importance for you. All information made available
through the MyBabyShowerECourse Network is made available subject to The MyBabyShowerECourse
Network Terms of Use, including the Disclaimer of Warranties and
Limitation of Liability presented above.
THE MyBabyShowerECourse NETWORK STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A
COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
10. INDEMNITY AND RELEASE
By using the MyBabyShowerECourse Network web sites you agree to indemnify
MyBabyShowerECourse, L.L.C. and its parents, subsidiaries, affiliates, officers,
employees, and licensors and hold them harmless from any and all claims
and expenses, including attorney's fees, arising from your use of the
MyBabyShowerECourse Network web sites, your use of the Products and Services, or
your submission of ideas and/or related materials to MyBabyShowerECourse or from
any person's use of any account or password you maintain with any
portion of the MyBabyShowerECourse Network, regardless of whether such use is
authorized by you. By using the MyBabyShowerECourse Network, using the Products and
Services, or submitting any ideas and/or related materials to MyBabyShowerECourse,
you are hereby agreeing to release MyBabyShowerECourse and its parents,
subsidiaries, affiliates, officers, employees, and licensors from any
and all claims, demands, debts, obligations, damages (actual or
consequential), costs, and expenses of any kind or nature whatsoever,
whether known or unknown, suspected or unsuspected, disclosed or
undisclosed, that you may have against them arising out of or in any
way related to such disputes and/or to the Products and Services or to
any disputes regarding use of ideas and/or related materials submitted
to MyBabyShowerECourse. YOU
HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH
RELEASES, SPECIFICALLY THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION
1542.
11. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the
contrary, any claim or cause of action you may have arising out of, or
relating to, your use of the MyBabyShowerECourse Network or the Products and
Services must be filed within one (1) year after such claim or cause of
action arises, or forever be barred.
13. ARBITRATION, GOVERNING LAW AND CONVENTION FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the
Products and Services, all legal issues arising from or related to the
use of the Products and Services shall be interpreted in accordance
with, and all questions with respect thereto shall be determined by,
the laws of the Commonwealth of Illinois applicable to contracts
entered into and wholly to be performed within said state. Any
controversy or claim arising out of or relating to these Terms and of
Use or any user's use of the Products and Services shall be settled by
binding arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in Chicago, Illinois,
and judgment on the arbitration award may be entered into in any state
or federal court in Illinois having jurisdiction thereof. Any party
seeking temporary or preliminary injunctive relief may do so in any
state or federal court in Illinois having jurisdiction thereof. Except
as set forth above, the state and federal courts of Illinois shall be
the exclusive convocation and venue to resolve disputes arising out of
or relating to these Terms of Use or any user's use of the Products and
Services. By using the Products and Services and thereby agreeing to
these Terms of Use, users consent to personal jurisdiction and venue in
the state and federal courts in Illinois with respect to all such
disputes.
14. CHANGES IN TERMS OF USE AND CHANGES IN PRODUCTS AND SERVICES
The MyBabyShowerECourse Network reserves the right to modify the Products and
Services from time to time, for any reason, and without notice,
including the right to terminate the Products and Services. The MyBabyShowerECourse
Network reserves the right to modify these Terms of Use from time to
time, without notice. Please review these Terms of Use from time to
time so you will be receptive of any changes.
15. MERGER
These Terms of Use constitute the entire agreement between the
parties with respect to the subject matter contained herein and
supersedes any other agreement, proposals and communications, written
or oral, between MyBabyShowerECourse's representations and you with respect to the
subject matter hereof; except that any other terms of use located on
any individual MyBabyShowerECourse Network web site or in connection with the
Products and Services are incorporated herein by reference to the
extent they do not conflict with these Terms of Use. To the extent that
any other terms of use or terms of service conflict with these Terms of
Use, those other provisions shall control with respect to the use of
the particular web site and any Products or Services available on or
through the web site or the respective Product or Service at which
those other provisions may be found.
16. NON-WAIVER AND SEPARABILITY
MyBabyShowerECourse's failure to exercise any right or provision of these Terms
of Use shall not constitute a waiver of such right or provision. If a
court of competent jurisdiction holds any provision of these Terms of
Use to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and agree that the other provisions of these Terms of Use
remain in full force and effect.
17. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and MyBabyShowerECourse are independent
contractors under these Terms of Use, and nothing herein shall be
interpreted to create a partnership, joint venture, agency, or
employment relationship. Neither party pursuant to these Terms of Use
has authority to enter into agreements of any kind on behalf of the
other and neither party shall be considered the agent of the other.
18. TERMINATION; SURVIVAL
These Terms of Use shall continue in effect for as long as you use
the Products and Services, unless purposely ended earlier by MyBabyShowerECourse.
All conditions of these Terms of Use which enforce continuing
obligations shall survive termination of these Terms of Use.
19. COMMUNICATIONS WITH USERS
You consent to receive communications electronically from MyBabyShowerECourse.
MyBabyShowerECourse may provide these communications to you by sending an email to
the email address you provided in connection with a purchase you made
on the MyBabyShowerECourse Network or by posting the communication on the MyBabyShowerECourse
Network. You will not receive communications by telephone or by postal
mail unless otherwise requested by you; MyBabyShowerECourse has the right to
reject, for any reason, any type of communication requested by you,
unless otherwise legally obligated.
In order to receive communications with MyBabyShowerECourse, a valid email
address to which MyBabyShowerECourse may send electronic mail is needed. Your
computer must also have a modem or other means of Internet access, an
Internet browser, and email software (usually available for free on the
Internet).
20. VIOLATIONS OF TERMS OF USE
Should you violate these Terms of Use or any other rights of
MyBabyShowerECourse and the MyBabyShowerECourse Network, MyBabyShowerECourse reserves the right to pursue
any and all legal and unbiased remedies against you.
If you are aware of any violations of these Terms of Use, please report them to:
support@MyBabyShowerECourse.com