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Terms of Use

(Please excuse the Legalese. This is where the lawyers step in with captivating details of the terms of our site.)

Welcome to Baby & Me Website ("Site"). Please review the following basic rules that govern your use ofour Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by those rules.

General

We may from time to time change the rules that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time. For this reason, we encourage you to review these terms and conditions each time you use this Website.

The babyandme.ca website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Baby & Me’s goods and services and/or to otherwise transact business with or contact Baby & Me, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Baby & Me expressly prohibits third parties from opting out of Baby & Me’s services and/or contacts on behalf of a Baby & Me customer or other person or entity, without both (a) Baby & Me’s full knowledge as to the surrogate action being taken and (b) Baby & Me’s express permission. This prohibition is intended to protect the privacy and freedom of Baby & Me’s customers and the personal relationship Baby & Me works to develop with its customers and others authorized to use its site.

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Baby & Me Maternity, Baby and Kids Ltd. (Baby & Me). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Baby & Me Maternity, Baby and Kids Ltd. (Baby & Me). The Contents of our Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

You may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Baby & Me.

User Content

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Baby & Me on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Baby & Me’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Baby & Me of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Baby & Me will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Baby & Me is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive orobscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Baby & Me may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

Baby & Me's Communications To You

You agree that Baby & Me may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Baby & Me's products or services, or for such other purpose(s) as Baby & Me deems appropriate.

Product Information

Baby & Me products displayed at the Site are available for purchase while supplies last. The prices displayed at the Site, however, are quoted in CDN Dollars and are valid and effective only in the Canada. Additional shipping and other charges may apply for orders outside of Canada and/or into Canadian territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Gift Messages

The babyandme.ca gift message services available to our customers are subject to the following guidelines. Out of respect for all our guests, we ask that you do not use obscene, profane or threatening language in gift messages. Examples of the kinds of conduct or content that are prohibited in babyandme.ca gift messages include:

The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation, or Baby & Me Maternity, Baby and Kids Ltd. (Baby & Me) rule or policy.

The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

The impersonation of any person in any part of a gift message. We may, but are not obligated to, restrict or remove any and all content from a gift message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Baby & Me customers, or any third party.

The transmission of any content that would violate the intellectual property rights of any other person or entity.

Third Party Websites

This Website may contain links to other sites that are neither owned nor operated by Baby & Me, although some such sites may have an affiliation with Baby & Me (collectively, Third Party Websites). Such links are provided for your convenience only. Baby & Me makes no representations whatsoever about any Third Party Websites which you may access through this Website, as Baby & Me has no control over the content appearing on such Third Party Websites. Moreover, a link to a Third Party Website does not imply and does not constitute sponsorship, endorsement, approval, or responsibility for the content on, or the use of, such Third Party Website. No rights to use or copy the information on this Website or the Third Party Website is granted or implied. Please Note: The Terms of Use and Privacy Policies applicable to Third-party Websites may differ significantly from those of Baby & Me. You are encouraged to review the applicable privacy policies of such Third Party Websites.

Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND Baby & Me Maternity, Baby and Kids Ltd. (Baby & Me) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Dispute Resolution

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Baby & Me agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia, excluding its conflicts of law rules, and the Government of Canada. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the provincial or federal courts located in Kelowna British Columbia Canada, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Indemnification

You agree to defend, indemnify and hold Baby & Me harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Termination

This Agreement is effective unless and until terminated by either you or Baby & Me. You may terminate this Agreement at any time. The Baby & Me also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Baby & Me’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Baby & Me, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.