terms of use

iBabydust.com Terms of Use

CLIENT AGREEMENT - TERMS OF USE
This Agreement describes the terms and conditions to the use of the iBabydust.com website. iBabydust.com is not responsible for any errors or omissions or for the results obtained from the use of any information, provided on the iBabydust.com website. Information on this site is not meant to substitute for the advice of a physician or medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Definitions
The term "Content" applies to any information, data, any images, and art design of any type on the iBabydust.com website ("Site"). Where applicable, content on the iBabydust.com website is subject to the disclaimer: "These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent disease."

This is a Contract
By acknowledging your acceptance of these terms and conditions, a contract exists between you and iBabydust.com. By using the iBabydust.com website, you agree to abide by the Terms of Use.

Permitted Use/Proprietary Rights
All information and content available on the iBabydust.com, website is protected by copyrights, trademarks and other proprietary rights or laws. Without the permission of iBabydust.com you may not download, copy, modify, or display works based upon the Content. All rights not expressly granted herein are reserved.

Any reproduction, except for your personal non-commercial use, or republication, distribution, assignment, sublicense, sale or creation of derivative works, of all or any portion of the Content viewed or accessed from the Site without the express written permission of iBabydust.com is expressly prohibited. You may not copy, post, or upload any Content to another Internet website, any public or private bulletin board system, or any other electronic network or Internet service.

You understand and agree that the information and Content available on the Site may contain valuable proprietary rights and that any unauthorized, unlicensed, or prohibited disclosure, distribution, copying, or use of any kind of this information and Content ("Unauthorized Use") could result in substantial and irreparable harm to the Content Provider, iBabydust.com. Any Unauthorized Use by you shall be deemed an infringement of the rights of iBabydust.com. You agree to bear full responsibility for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including civil liability and criminal prosecution. Notwithstanding any other remedies, you agree that iBabydust.com shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any Unauthorized Use by you.

You acknowledge iBabydust.com's proprietary rights, including any and all copyrights and trademarks. You agree not to violate the applicable copyrights or trademarks protecting the iBabydust.com Property. You will indemnify iBabydust.com for any and all costs and expenses (including attorneys' fees) associated with any legal action brought by or against you with respect to the iBabydust.com Property.

Unauthorized Access of the Site
Unauthorized access of the Site, including by entering or monitoring the Site on any level other than through the Registration/Home Page, is expressly prohibited.

Disclaimer of Warranties
iBabydust.com does not warrant or make any representations regarding the operation of the Site, the use, validity, or the results of the use of the materials or Content on this Site, the products or services obtained through this Site or any other websites linked to this Site, or any transactions entered into through this Site. You use any and all Content at your own risk. iBabydust.com is not responsible for any errors or omissions or for the results obtained from the use of any information, provided on this Site. Information on this site is not meant to substitute for the advice of a physician or medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

While it makes every effort to make sure its Site is always available to you, iBabydust.com does not guarantee that the Site, software, materials or products will be uninterrupted, timely, secure, or free of errors, or that any defects in the Site, software, materials or products will be corrected.

Limitation of Liability
IN NO EVENT SHALL iBabydust.com, OR ITS AFFILIATES, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF iBabydust.com, HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO iBabydust.com'S SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF iBabydust.com, OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Release, Waiver and Covenant Not to Sue
To the fullest extent allowed by law, you hereby release and discharge iBabydust.com its affiliates, employees, business partners, customers and any other authorized agent or representative of iBabydust.com from any and all liability associated with your use of the Site. This release shall apply to any and all claims, whether known or unknown, held by you.

You hereby also agree and covenant not to sue, and expressly waives any and all claims against, iBabydust.com for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement.

Indemnity
You agree to indemnify, defend, and hold iBabydust.com its affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys' fees) and other costs arising out of or relating to (i) your breach of these Terms of Use or the documents it incorporates by reference; (ii) your negligence or misconduct; or (iii) a claim that your use of any Content infringes the copyright, trademark, trade secret, patent or other proprietary right of a third party. iBabydust.com may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by iBabydust.com however, shall not excuse any of your indemnity obligations.

Termination/Cancellation/Modification

iBabydust.com may terminate this Agreement, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Permitted Use/Proprietary Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction.

iBabydust.com may change the Terms of Use at any time without notice by posting the changes on our Site. All changes shall automatically be effective 30 days after they are initially posted on our Site.

Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed under the laws of the State of Washington without reference to conflict of laws principles. These Terms of Use are deemed entered into in King County, Washington. All disputes arising out of or related to these Terms of Use, the services, or Site shall be subject to the exclusive jurisdiction of the state and federal courts located in King County, Washington, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.

Entire Agreement

This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these Terms of Use shall be valid unless in writing and accepted by each party. The waiver of breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.

THE USE OF THE CONTENT AVAILABLE THROUGH THIS SITE IS SUBJECT TO THE FOREGOING TERMS OF USE. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE SITE, YOU AGREE TO THE FOREGOING TERMS OF USE, NOTWITHSTANDING ANY LICENSE AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER. THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND iBabydust.com. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE SITE.

The Terms of Use (as changed from time to time as provided herein) shall apply to each time you visit Site. Last Updated August 1, 2004. © 2004 iBabydust.com