Terms of Use Agreement


Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on May 8, 2009.


1. Introduction

This Terms of Use Agreement sets forth the standards of use of the Baby Earth Wear Online Service. By using the BabyEarthWear.com website you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.

We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at BabyEarthWear.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

2. Description of Service

Baby Earth Wear is providing the User with an online service for reviewing and purchasing products.  User must provide (1) all equipment necessary for their own Internet connection, including computer and modem, (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.

3. Disclaimer of Warranties.

The site is provided by Baby Earth Wear on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Baby Earth Wear makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.

Baby Earth Wear shall have no liability for any interruptions in the use of this Website. Baby Earth Wear disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

PRODUCTS OFFERED BY BABY EARTH WEAR ARE NOT WARRANTED BY BABY EARTH WEAR.  USEABILITY OF PRODUCTS MAY BE WARRANTED BY THE PRODUCER OF THE PRODUCT.  BABY EARTH WEAR ONLY ACTS AS A DISTRIBUTOR OF PRODUCTS.  IF THIS PARAGRAPH IS UNINFORCEABLE, IT SHALL BE EXCLUDED.

4. Limitation of Liability


BABY EARTH WEAR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BABY EARTH WEAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BABY EARTH WEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

5. Indemnification


User agrees to indemnify and hold Baby Earth Wear, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Users’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.

6. User's Account


Users of the Service may receive a password and an account. Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. User agrees to notify Baby Earth Wear of any unauthorized use of Users’s account or any other breach of security known or should be known to the User. Users’s right to use the Service is personal to the User. User agrees not to resell or make any commercial use of the Service without the express written consent of Baby Earth Wear.

7. Modifications and Interruption to Service


Baby Earth Wear reserves the right to modify or discontinue the Service with or without notice to the User. Baby Earth Wear shall not be liable to User or any third party should Baby Earth Wear exercise its right to modify or discontinue the Service. User acknowledges and accepts that Baby Earth Wear does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. Third-Party Sites


Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Baby Earth Wear makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Baby Earth Wear makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Jurisdiction of the Courts South Carolina


Our website is operated and provided in the State of South Carolina. As such, we are subject to the laws of the State South Carolina, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State South Carolina.

10. Compliance with Laws.


User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information


All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Baby Earth Wear.com, with all rights reserved, or is the property of Baby Earth Wear and/or third parties protected by intellectual property rights.

Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Baby Earth Wear is strictly prohibited.

Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Baby Earth Wear. Baby Earth Wear™ and Baby Earth Wear.com™ are proprietary marks of Baby Earth Wear.com.

Baby Earth Wear’s trademarks may not be used in connection with any product or service that is not provided by Baby Earth Wear, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Baby Earth Wear.

All other trademarks displayed on Baby Earth Wear’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Baby Earth Wear.

12. Notification of Claimed Copyright Infringement


Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Baby Earth Wear.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail: 109 Macfarren Ln, Summerville, SC 29485

By Telephone: [Insert Number]

By Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

13. Botnets


Baby Earth Wear retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Baby Earth Wear reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Baby Earth Wear, in our sole discretion, to a third party in the event of a merger or acquisition.

This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.

User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.