Terms of Use
Welcome to Hip Baby Wrap LLC and www.hipbabywrap.com. As used herein, the term “HBW” or “us” or “we” or “our” refers to Hip Baby Wrap LLC, the owner of www.hipbabywrap.com (“Site”). The term “you” refers to the user or viewer of our Site. HBW maintains the Site to provide information about the firm and its products. Your use of the Site (including any purchase via the Site) is governed by these Terms of Use, so please read them carefully. The Site is for informational and purchase purposes only. By using the Site you acknowledge that you have read these Terms of Use and that you accept them, as they may be modified from time to time, as posted on the Site. When HBW makes such a modification, we will post a revised version of these Terms of Use on the Site. Changes are effective when posted. HBW is not required to provide notification that it has made any such change. It is your responsibility to review these Terms of Use from time to time to be aware of any changes. Your continued use of the Site or the products of HBW indicates your agreement to any such change. We reserve the right to add to, remove, change, or terminate access to any of the content or functions of the Site without giving specific notice. If you do not agree to these Terms of Use, you should not use the Site or purchase products via the Site. All products, including the wrap and carrier products, sold by HBW are not safety devices on their own; they are designed to assist caregivers in carrying their babies. Caregivers are ultimately responsible for the safety of their child while he or she is using the products. 1. Copyright of Site Content. All Site content, including text, graphics and layouts, is the property of HBW and is protected by United States and international copyright laws. No portion of the Site may be reproduced, copied, sold, visited, or otherwise used for any commercial purpose without the express written consent of HBW. The content of the Site may be printed, copied, viewed, downloaded, saved to disk for private use and otherwise used solely for personal informational purposes, providing embedded copyright notices are NOT removed from the images. No Site content may be altered in any way. Some of the content on the Site is the copyrighted work of third parties and is used by permission. 2. Not Responsible for Links. The Site may contain links to and from other Internet sites. These sites are independent of HBW and HBW has no control over, or responsibility for, the content, functioning, operation, policies, or availability of such sites. 3. Disclaimer Regarding Information on the Site. HBW strives to make certain the information available at the Site is up to date, but HBW assumes no liability or responsibility for any errors or omissions in the content of the Site. HBW specifically disclaims any duty to update the information on the Site. 4. Emails. Any feedback or suggestions, written or oral, directed to HBW concerning the Site itself or our products become the property of HBW. 5. Linking to the Site. You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us. 6. Advertisers. The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. 7. Registration. Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal/business use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. 8. Third Party Content. Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. 9. No Warranties Regarding the Site. HBW provides and maintains the Site on an AS AVAILABLE basis. We make no representations or warranties of any kind, express or implied, as to the operation or availability of the Site. 10. Disclaimer of Warranties Relating to Your Use of the Site. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HBW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HBW DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM HBW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT HBW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ALLEGEDLY ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE THEORY OF LIABILITY ASSERTED. HBW IS NOT LIABLE FOR ANY CLAIM BY ANY THIRD PARTY NO MATTER WHAT THEORY OF LIABILITY IS ASSERTED. THE INTENT OF HBW IS TO LIMIT ITS POTENTIAL LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY LAW. 11. Venue for Legal Action Will Be in California. In any legal action in any way arising out of your use of the Site, your purchase of any product via the Site, or any subsequent relationship with HBW, you agree that the exclusive venue shall be in the County or District Court of Sacramento, California, or if federal jurisdiction is mandatory, in the U.S. District Court presiding over the County of Sacramento. 12. Indemnification; Attorney’s Fees and Costs. You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms of Use or use of the Site. In any lawsuit arising out of your purchase of our products or use of the Site, if we prevail, you shall pay our actual and reasonable attorneys’ fees and costs. 13. Nontransferable. Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable. 14. Limitation of Liability Arising Out of Your Use of the Site and any Purchase via the Site; Disclaimer of Warranties. (A) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable or purchased via the Site, (b) the unavailability or interruption of the Site or any features of the Site, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of HBW or any Affiliated Party. (B) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN, INCLUDING ANY PURCHASE, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. (C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HBW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT HBW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ALLEGEDLY ARISING FROM YOUR USE OF ITS PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE THEORY OF LIABILITY ASSERTED. HBW IS NOT LIABLE FOR ANY CLAIM BY ANY THIRD PARTY NO MATTER WHAT THEORY OF LIABILITY IS ASSERTED. THE INTENT OF HBW TO LIMIT ITS POTENTIAL LIABILITY FROM THE USE OF ITS PRODUCTS TO MAXIMUM EXTENT ALLOWED BY LAW. 15. Privacy Policy. Our Privacy Policy is a part of these Terms of Use. You must review the Privacy Policy, as it may change from time to time, by clicking on privacy on the homepage. 16. Payments. You represent and warrant that if you are purchasing something from us or from merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. 17. Refund and Return Policy. Our refund and return policy is a part of these Terms of Use. You must review our refund and return policy, as it may change from time to time, by clicking on Return Policy on the homepage. 18. Service Marks. “Hip Baby Wrap LLC”, “Hip Baby Wrap”, “HBW”, www.hipbabywrap.com and other marks are our service marks or registered service marks or trademarks. The mark “Hip Baby Wrap” and “HBW” are the Trademark of HBW with registration pending approval of the US Office of Patents and Trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners. 19. Transaction of Business. You agree that the maintenance of the Site by HBW does not constitute the transaction of business in any state other than California. 20. Important Safety Warnings. The products sold by HBW, including wraps and carriers, are not a safety device on their own; it is designed to assist caregivers in carrying their babies. Caregivers are ultimately responsible for the safety of their child while he or she is using the product. 21. Governing Law. The laws of the State of California govern these Terms of Use and any issues arising out of them or your use of the Site. 22. Severability. If any clause or provision of these Terms of Use is held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall be and remain in full force and effect and interpreted, to the extent possible, to capture the original intent of the agreement. 23. Captions. The captions of each section are for convenience only and shall have no effect in the construction of any provision of these Terms of Use. 24. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized person of HBW.