PsychoBabyOnline.com Terms and Conditions of Use
Your access to this web site, www.psychobabyonline.com ("Site"), brought to you by PsychoBaby, is subject to the following Terms and Conditions ("Terms") which may be updated by us from time to time without notice to you. By accessing the Site, you agree to comply with and be bound by the Terms. If you do not wish to agree to the Terms, do not access or use any part of this web site. You are responsible for periodically reviewing these Terms for applicable changes. Your use of our web site after the posting by us of any changes to these Terms will constitute your acceptance of those changes. If you have any questions about these Terms, please contact us by sending an e-mail to orders@psychobabyonline.com. Should you disagree with any changes, you should immediately cease use of the Site.
PsychoBaby Privacy Policy
The personally-identifiable information that you provide us on our web site is subject to the PsychoBaby Privacy Policy [insert link], which is a part of these Terms.
Your Use of the Site
You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit the Site (or any portion of it), unless you have PsychoBaby's express written permission to do so. You may only use the Site in accordance with these Terms and all applicable laws, rules, and regulations. In the event PsychoBaby believes that you have failed to comply with all terms applicable to your use of the Site, you agree that PsychoBaby has the right, in its sole discretion and without notice, to restrict your access to Site. PsychoBaby may also, in its sole discretion and at any time, discontinue the Site, or any part thereof, with or without notice. You agree that you do not have any rights in the Site and that PsychoBaby will have no liability to you if the Site is discontinued or your ability to access the Site is terminated.
Communications with and Submissions to PsychoBaby
You consent to receipt of electronic communications from PsychoBaby, and agree that all agreements, notices, and other disclosures communicated to you by PsychoBaby electronically satisfy any legal requirement that such communication be in writing. Your communications with PsychoBaby, including transmission of order requests, constitute electronic communications. You grant to PsychoBaby a perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free right to use all information, photographs, and materials that you submit to us, including all rights of publicity and all rights under copyright, in any media, in connection with the Site.
Links
Through the Site, you may be able to access links to other internet sites. Because PsychoBaby has no control over such sites, you acknowledge and agree that PsychoBaby is not responsible for, and has no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personally identifiable information by such sites, or for the information, products, content or other materials on or available from such sites or resources. If you would like information on any other site's privacy policy, we encourage you to contact that party directly.
Purchases on the Site
Through the Site, you may be able to purchase products, including gift cards, which are redeemable at the PsychoBaby store or online at the Site. Your purchases on the Site are subject to the following terms:
a. Only those individuals with a valid credit card may purchase items from the Site.
b. Payment is by credit card only. Currently, we accept Visa, MasterCard, Discover, and American Express. Any other form of payment will not be accepted. Your credit card will be billed when your order is shipped.
c. Submission of your order constitutes an offer by you to purchase, and PsychoBaby reserves the right to accept or reject your offer. Acceptance of an offer occurs when the order is shipped. You will receive an email confirmation of your order.
d. Product prices do not include any sales or other tax that may arise, and payment of any such costs are your responsibility.
e. Currently, we can only accept orders with a shipping address within the United States. We cannot ship to other destinations at this time.
f. Should you have questions regarding your order or charges to your credit card, call PsychoBaby at 866-545-2815 or orders@psychobabyonline.com.
Disclaimers
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ANY FEATURES AVAILABLE THROUGH OUR SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. PSYCHOBABY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because our web site is provided to you "AS IS" and "AS AVAILABLE," you agree that PsychoBaby shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using our web site, and further, that PsychoBaby shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or of your ability to access it. PsychoBaby also disclaims any warranty that (i) our web site will meet your requirements, (ii) our web site's operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our web site will be accurate or reliable (and PsychoBaby disclaims any liability for damages that may arise from your reliance on any such information or communication) or are free of viruses or other harmful components. You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our web site. PsychoBaby shall have no liability for any damage to your computer, including loss of data, which results from your downloading any such materials. PsychoBaby shall not be responsible for any order request if it is received in an unintelligible or garbled form. However, PsychoBaby will make reasonable efforts to notify the sending party (if identifiable) that the order request was unintelligible or garbled. Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.
Limitation of Liability
YOU AGREE THAT PSYCHOBABY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF PSYCHOBABY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM: (a) YOUR USE OF OR INABILITY TO USE THE SITE; (b) THE COST YOU INCUR TO SUBSTITUTE FOR ANY GOODS YOU PURCHASED THROUGH THE SITE; (c) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (d) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE.
Indemnity
You agree to defend, indemnify, and hold PsychoBaby harmless from and against all losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees, court costs, and other litigation and arbitration expenses) ("Losses") related to or arising from: (a) negligent acts or omissions or intentional misconduct with respect to your use of the Site or goods purchased from the Site; or (b) claims for infringement of the proprietary rights of any third party resulting from your use of the Site or goods purchased from the Site in violation of these Terms.
Intellectual Property
The content on the Site, including, but not limited to, text, graphics, images, and logos, as well as the compilation of such content, is owned by PsychoBaby or its suppliers and is protected by U.S. and international copyright laws. Unauthorized copying of this content could lead to copyright infringement.
PSYCHOBABY, and other logos, slogans, and product and service names used on this site are trademarks owned by PsychoBaby or its suppliers. You agree not to display or use such trademarks, in any manner, without the written permission of PsychoBaby. Trademarks and trade names of third parties are the property of those third parties, and are used by PsychoBaby subject to license, or subject to the fair use provisions of U.S. trademark law.
General
This web site is controlled by PsychoBaby in the State of Illinois, United States of America. Since this web site can be accessed from all 50 states, as well as from other countries, and each of these places has laws that may differ from Illinois law, by accessing the Site, both you and PsychoBaby agree that the statutes and laws of the state of Illinois, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of the Site and its contents. PsychoBaby makes no representation that the contents of the Site are appropriate or will be available for use in other locations. If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site are solely directed to individuals, companies or other entities located in the United States. You and PsychoBaby further agree to submit to the exclusive personal jurisdiction and venue of the Cook County District Court and the United States District Court for the Northern District of Illinois with respect to any matters relating to the Site, or any transactions arising therefrom. Any action brought by you with respect to anything related to the Site must be brought, if at all, within one (1) year from the accrual of such cause of action.
For purposes of these Terms, "you" and "your" shall mean you and "we", "us," and "our" means PyschoBaby and its affiliates. Title and risk of loss for products purchased by you through the Site passes to you upon delivery of the products to our carrier for shipment to you. We may assign our rights and responsibilities hereunder without notice to you. If any of these Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on the applicable Site. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to the Site.
PsychoBaby's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PsychoBaby in writing.
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