PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that
access to and use of this site are subject to the following terms and
conditions and other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright The entire content included in this site,
including but not limited to text, graphics or code is copyrighted as a
collective work under the United States and other copyright laws, and is the
property of AbsolutelyOrganicBaby.com. The collective work includes works that
are licensed to AbsolutelyOrganicBaby.com. AbsolutelyOrganicBaby.com ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with AbsolutelyOrganicBaby.com or purchasing AbsolutelyOrganicBaby.com
products. You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with AbsolutelyOrganicBaby.com or to
purchase AbsolutelyOrganicBaby.com products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by AbsolutelyOrganicBaby.com.
You further agree not to change or delete any proprietary notices from
materials downloaded from the site.
Trademarks All trademarks, service marks and trade names of AbsolutelyOrganicBaby.com
used in the site are trademarks or registered trademarks of AbsolutelyOrganicBaby.com.
Warranty Disclaimer The 28x52" crib mattresses come with a ten
year warranty. Please see warranty information page for all included details
and exclusions. AbsolutelyOrganicBaby.com does not represent or warrant that
the functions contained in the site will be uninterrupted or error-free, that
the defects will be corrected, or that this site or the server that makes the
site available are free of viruses or other harmful components. AbsolutelyOrganicBaby.com
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability AbsolutelyOrganicBaby.com shall not be liable for
any special or consequential damages that result from the use of, or the
inability to use, the materials on this site or the performance of the
products, even if AbsolutelyOrganicBaby.com has been advised of the possibility
of such damages. Applicable law may not allow the limitation of exclusion of
liability or incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Typographical Errors In the event that an AbsolutelyOrganicBaby.com
product is mistakenly listed at an incorrect price, AbsolutelyOrganicBaby.com
reserves the right to refuse or cancel any orders placed for product listed at
the incorrect price. AbsolutelyOrganicBaby.com reserves the right to refuse or
cancel any such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the
purchase and your order is cancelled, AbsolutelyOrganicBaby.com shall issue a
credit to your credit card account in the amount of the incorrect price.
Term; Termination These terms and conditions are applicable to you
upon your accessing the site and/or completing the registration or shopping
process. These terms and conditions, or any part of them, may be terminated by AbsolutelyOrganicBaby.com
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice AbsolutelyOrganicBaby.com may deliver notice to
you by means of e-mail, a general notice on the site, or by other reliable
method to the address you have provided to AbsolutelyOrganicBaby.com.
Miscellaneous Your use of this site shall be governed in all
respects by the laws of the state of California, U.S.A., without regard to
choice of law provisions, and not by the 1980 U.N. Convention on contracts for
the international sale of goods. You agree that jurisdiction over and venue in
any legal proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of AbsolutelyOrganicBaby.com
products) shall be in the state or federal courts located in Los Angeles
County, California. Any cause of action or claim you may have with respect to
the site (including but not limited to the purchase of AbsolutelyOrganicBaby.com)
must be commenced within one (1) year after the claim or cause of action
arises. AbsolutelyOrganicBaby.com’s failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. AbsolutelyOrganicBaby.com may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Use of Site Harassment in any manner or form on the site,
including via e-mail, chat, or by use of obscene or abusive language, is
strictly forbidden. Impersonation of others, including an
AbsolutelyOrganicBaby.com or other licensed employee, host, or representative,
as well as other members or visitors on the site is prohibited. You may not
upload to, distribute, or otherwise publish through the site any content which
is libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may
otherwise give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to join or
become members of any other commercial online service or other organization.
Participation Disclaimer AbsolutelyOrganicBaby.com does not and cannot
review all communications and materials posted to or created by users accessing
the site, and is not in any manner responsible for the content of these
communications and materials. You acknowledge that by providing you with the
ability to view and distribute user-generated content on the site, AbsolutelyOrganicBaby.com
is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or activities
on the site. However, AbsolutelyOrganicBaby.com reserves the right to block or
remove communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in
violation of a copyright, trademark or; other intellectual property right of
another or (d) offensive or otherwise unacceptable to AbsolutelyOrganicBaby.com
in its sole discretion.
Indemnification You agree to indemnify, defend, and hold harmless AbsolutelyOrganicBaby.com,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or any activity related to
your account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Third-Party Links In an attempt to provide increased value to our
visitors, AbsolutelyOrganicBaby.com may link to sites operated by third
parties. However, even if the third party is affiliated with AbsolutelyOrganicBaby.com,
AbsolutelyOrganicBaby.com has no control over these linked sites, all of which
have separate privacy and data collection practices, independent of AbsolutelyOrganicBaby.com.
These linked sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, AbsolutelyOrganicBaby.com seeks to protect the
integrity of its web site and the links placed upon it and therefore requests
any feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).