GENERAL TERMS AND CONDITIONS OF USE

Last updated November, 2009

These Terms and Conditions govern your use of this site and the information services contained herein which is operated by baby gear-USA®. Additional terms and conditions of use applicable to specific areas of this site may also be posted in such areas and, together with these Terms and Conditions, govern your use of those areas. These Terms and Conditions, together with any such additional terms and conditions as well as the Privacy Policy, are referred to as this "Agreement". baby gear-USA® Inc. reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the site. Your continued use of the site constitutes your binding acceptance of these Terms and Conditions, including any changes or modifications made by baby gear-USA® Inc. as permitted above. If at any time the Terms and Conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of this site.

Restrictions On Use

Material from this site may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of baby gear-USA® Inc. EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates baby gear-USA® Inc.'s intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files and images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by baby gear-USA® Inc. Neither title nor intellectual property rights are transferred to you, but remain with baby gear-USA® Inc., who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

Copyright

Formal notice of copyright ownership appears on the website. All rights reserved. United States and international copyright laws protect all images, text, programs, and other materials found on this website (the "Site Materials"). Any commercial use of any of the Site Materials is prohibited without the express written consent of baby gear-USA® Inc.. You agree not to change or delete any copyright, trademark, or other proprietary notices from materials displayed on or downloaded from this website, and acknowledge that you do not acquire any ownership rights by using this website or the Site Materials.

Trademarks

Names, logos and other marks identifying our products or services are our or our affiliates' proprietary marks, and are protected by United States and international trademark laws. All other trademarks and service marks used on this website are the trademarks, service marks, or logos of their respective owners.

Privacy

Any personally identifiable data about you which we collect from you on this website, including without limitation is subject to the privacy policy that is applicable to this website. For more information, please carefully review the applicable privacy policy, which is accessible via a link provided at the bottom of the homepage of this website.

External Links

This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under baby gear-USA® Inc.'s control, and baby gear-USA® Inc. is not responsible for, and does not endorse, such content, whether or not baby gear-USA® Inc. is affiliated with the owners of such Linked Sites.

Linking to this site

All links to this Web site must be approved in writing by baby gear-USA® Inc., except that baby gear-USA® Inc. consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with baby gear-USA® Inc.; (c) imply that baby gear-USA® Inc. approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about baby gear-USA® Inc. or otherwise damage the goodwill associated with the baby gear-USA® Inc. name or trademarks. As a further condition to being permitted to link to this site, you agree that baby gear-USA® Inc. may at any time, in its sole discretion, terminate Permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any baby gear-USA® Inc. trademark.

Use of "Cookies" and Other Tracking Technologies

We may use cookies and other technologies to facilitate and track your use of services offered on this website and in connection with our e-mail communications. For more information on our use of such technology, please see the privacy policy accessible via a link provided at the bottom of the homepage of this website.

Accuracy of Information

Although we strive to ensure the accuracy of the information found on this website, neither we, nor our affiliates, licensees, suppliers, or agents, can be held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on this website.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, baby gear-USA® Inc. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER baby gear-USA® Inc., ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. baby gear-USA® Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT baby gear-USA® Inc.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER baby gear-USA® Inc., NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, baby gear-USA® Inc. AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT baby gear-USA® Inc. IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, baby gear-USA® Inc.' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold harmless baby gear-USA® Inc. and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.

Third Party Rights

These Terms are for the benefit of baby gear-USA® Inc. and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

Availability of this Website

This website is usually available 24 hours a day, 7 days a week. However, we retain the right to make this website unavailable from time to time for any reason or no reason. We shall not be liable for any damages arising from any interruption, suspension, or termination of this website.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Void Where Prohibited

Although this website is accessible worldwide, not all products or services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to use of products or services obtained in one jurisdiction in other jurisdictions. Those who choose to access this website from do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable. You may not use or export the Site Materials or products and services available through this website in violation of applicable export laws and regulations. We, and our affiliates, licensees, suppliers and agents, reserve the right to limit the availability of this website and/or the provision of any product or service to any person, geographic area or jurisdiction we or they so desire, at any time and in our or their sole discretion.

Jurisdictional Issues

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or baby gear-USA® Inc., brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in Georgia and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between baby gear-USA® Inc., its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY baby gear-USA® INC.