Baby Rock Apparel’s website at https://babyrockapparel.com/ is a copyright work of Baby Rock Apparel. Certain features of the Website may be subject to additional guidelines, terms or rules, which will be posted on the Website in connection with such features.
All such additional terms, guidelines and rules are incorporated by reference to these Terms.
These terms require the use of Section 10.2 arbitration on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
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Subject to these Terms. The Company grants you a non-transferable, non-exclusive, revocable, restricted license to access the Website for your own personal, non-commercial use only.
Certain limitations. The rights granted to you in these Terms are subject to the following restrictions: (a) you may not sell, rent, lease, transfer, transfer, distribute, store or otherwise operate the Website with commercial purposes; (b) you may not alter, create derivative works of, disassemble, decompile or otherwise reverse engineer any part of the Website; (c) you will not access the Website in order to construct a similar or competitive website; and (d) except as expressly stated herein, no part of the Website may be reproduced, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any way. or by any means unless otherwise indicated, by any release, Any future updates or other additions to the functionality of the Website will be subject to these Terms. All copyright and other proprietary notices on the Website must be retained on all copies of them.
The Company reserves the right to change, suspend or deactivate the Website with or without notice to you. You agree that Company will not be responsible to you or any third party for any change, interruption or termination of the Website or any part.
No support or maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Website.
Excluding any User Content that you may provide, you know that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, within the Site and content Its contents are owned by the Company or its suppliers. Note that these Terms and access to the Website do not give you any right, title, or interest in or to any intellectual property rights, other than limited access rights. institutionalization is described in Section 2.1. The Company and its suppliers reserve all rights not granted in these Terms.
Third Party Links & Ads; Other users
Third Party Links & Ads. The Site may contain links to third party websites and services and / or display advertisements to third parties. Such Third Party Links & Ads are not under the control of Company and Company is not responsible for any Third Party Links & Ads. The Company only provides access to these Third Party Links & Ads for your convenience and does not review, approve, monitor, endorse, warrant or make any representations. About Third Party Links & Ads. You use all Third Party Links & Ads at your own risk and should apply the appropriate level of caution and discretion in doing so. When you click on any Third Party Links & Ads,
Other users. Each Website user is solely responsible for any and all of its own User Content. Because we have no control over User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be liable for any loss or damage arising from any such interaction. If there is a dispute between you and any of the Site users, we are under no obligation to become involved.
In this way, you give up and permanently remove the Company and our officers, employees, agents, successors, and duties, and give up and give up, any disputes, requests, disputes, claims, rights, obligations, past, present and future liabilities, actions and causes of actions of all types and nature, arising or arising directly or indirectly directly from, or related directly or indirectly, to the Website. If you are a resident of California, you hereby waive section 1542 of the California Civil Code regarding the foregoing, which states: “a general release does not extend to claims that the creditors do not know or suspect there exists in their favor at the time of the release that he or she knows certainly has seriously affected their settlement with the debtor. “
The website is provided on an “as is” and “as is” basis and our company and supplier expressly disclaims any and all warranties and conditions of any kind, whether express, implied or statutory, includes all warranties or conditions regarding merchantability, health for a particular purpose, title, quiet enjoyment, accuracy or non-compliance. offense. We and our suppliers do not guarantee that the site will fulfill your requirements, will be available on an ongoing, timely, secure or error-free basis, or will be accurate, reliable Trusted, complete, legal, or safe free of viruses or other malicious code. If applicable law requires any warranty on the site, all such warranties are limited to a period of ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limits on extended implied warranty periods, so the upper limit may not apply to you.
Limitation of liability
To the fullest extent permitted by law, under no circumstances will our company or supplier be liable to you or any third party for any lost profits, data lost, the cost of purchasing a replacement product or any indirect, consequential, for example, incidental, special or punitive damages arising out of or related to these terms or your use , or the inability to use the website even if the company has been informed of the possibility of such damages. Access to and use of the website is at your own discretion and at your own risk, and you will be solely responsible for any damage to your equipment or computer system or loss of data resulting from this. out.
To the fullest extent permitted by law, whatever the contrary is set out herein, our liability to you for any damages arising out of or related to this agreement, will always be limited to a maximum of fifty US dollars (approximately 50 US dollars). The existence of more than one request will not extend this limit. You agree that our suppliers will not have any liability whatsoever arising out of or related to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Website. We may suspend or terminate your use of the Website at any time for any reason in our sole discretion, including using the Website in violation of these Terms. Upon termination of your rights under these Terms, your Account and access to and use of the Website will terminate immediately. You understand that any termination of your Account may involve removal of User Content associated with your Account from our live databases. Company will not have any liability to you for the termination of your rights under these Terms. Even after your rights under these Terms have been terminated,
The Company respects the intellectual property of others and requires users of our Website to do the same. In connection with our Website, we have adopted and implemented a policy of respecting copyright laws that governs the removal of any infringing material and the termination of users of our Online Website who violate infringe intellectual property rights many times, including copyrights. If you believe that one of our users, through your use of our Website, unlawfully infringes the copyright (s) of a work and wishes to remove the allegedly infringing material, the following information in writing (pursuant to 17 USC § 512 (c)) must be provided to our Designated Copyright Agent:
- your physical or electronic signature;
- identify the copyrighted work (s) that you believe have been infringed;
- identify material on our services that you deem a violation and you request us to remove;
- information sufficient to enable us to locate the material;
- your address, phone number and email address;
- a statement that you genuinely believe that use of the objectionable material is not authorized by the copyright owner, on its behalf, or under the law; and
- declares that the information in the notice is accurate and will result in penalty of perjury, that you are the owner of the alleged copyright that has been infringed upon, or that you are authorized to act on behalf of the copyright owner. .
Please note that, pursuant to 17 USC § 512 (f), any material misrepresentation in a written notice automatically exposes the complainant to liability for any damages caused. What harms, costs and attorneys’ fees we incur in connection with the written notice and alleged copyright infringement.
These Terms may be modified from time to time and if we make any significant changes, we may notify you by sending you an e-mail to your final e-mail address. that you have provided to us and / or by posting a prominent notice of changes on the Venue. It is your responsibility to provide us with your most current e-mail address. In the event that the last e-mail address you provided to us is invalid, our sending of an e-mail containing such notice constitutes an effective notice of the changes described. in the notice. Any changes to these Terms will become effective at least thirty (30) calendar days after we e-mail notice to you or thirty (30) calendar days after We post notices of changes on our Website. These changes will be effective immediately for new users of our Website. Continued use of our Website following notice of such changes will indicate your acknowledgment of such changes and your agreement to be bound by the terms and conditions of such changes. . Dispute resolution. Please read this Arbitration Agreement carefully. This is part of your contract with the Company and affects your rights. It contains the procedure for SOLID HANDLING AND CLASS ACTION STANDARD. These changes will be effective immediately for new users of our Website. Continued use of our Website following notice of such changes will indicate your acknowledgment of such changes and your agreement to be bound by the terms and conditions of such changes. . Dispute resolution. Please read this Arbitration Agreement carefully. This is part of your contract with the Company and affects your rights. It contains the procedure for SOLID HANDLING AND CLASS ACTION STANDARD. These changes will be effective immediately for new users of our Website. Continued use of our Website following notice of such changes will indicate your acknowledgment of such changes and your agreement to be bound by the terms and conditions of such changes. . Dispute resolution. Please read this Arbitration Agreement carefully. This is part of your contract with the Company and affects your rights. It contains the procedure for SOLID HANDLING AND CLASS ACTION STANDARD. Please read this Arbitration Agreement carefully. This is part of your contract with the Company and affects your rights. It contains the procedure for SOLID HANDLING AND CLASS ACTION STANDARD. Please read this Arbitration Agreement carefully. This is part of your contract with the Company and affects your rights. It contains the procedure for SOLID HANDLING AND CLASS ACTION STANDARD.
Applicability of the Arbitration Agreement. All claims and disputes relating to the Terms or use of any product or service offered by the Company that cannot be resolved informally or in small claims courts will be settled by binding arbitration on an individual basis in accordance with the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors, successors and assignees, as well as all users or Authorized or unauthorized beneficiary of services or goods provided under the Terms.
Informal Request for Notice and Dispute Resolution. Before either party can request arbitration, that party must first send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the request for relief. . Notice to the Company will be sent to: Baby Rock Apparel. Upon receipt of the Notice, you and the Company may make an informal attempt to resolve the complaint or dispute. If you and the Company do not resolve the claim or dispute within thirty (30) days after receiving the Notice, either party may initiate an arbitration. The amount of any proposed settlement made by either party may not be disclosed to the arbitrator until the arbitrator has determined the amount of judgment to which either party is entitled.
Arbitration Rules. Arbitration will be initiated through the American Arbitration Association, an established alternative dispute resolution provider providing arbitration as set out in this section. If the AAA is not available for arbitration, the parties will agree to choose an alternate ADR Provider. The ADR Provider’s rules will govern all aspects of arbitration except in the event that those rules conflict with the Terms. The AAA Consumer Arbitration Rules governing arbitration are available online at adr.org or by calling AAA at 1-800-778-7879. Arbitration will be conducted by a single, neutral arbitrator. Any claim or dispute in which the total amount of the requested prize is less than Ten thousand US Dollars (10,000 USD) may be resolved through binding arbitration not based on appearance, depending on the choice of the relief seeking party. For claims or disputes where the total amount of the prize requested is Ten thousand US dollars (10,000 USD) or more, the right to a hearing will be determined according to the Arbitration Rules. Any hearing will be held at a location within 100 miles of your residence, unless you live outside the United States, and unless the parties agree otherwise. If you reside outside of the United States, the arbitrator will reasonably notify the parties of the date, time, and location of any oral hearing. Any judgment on an arbitral award can be taken in any court of competent jurisdiction. If the arbitrator grants you a larger award than the final settlement offered to you by the Company before the arbitration begins, the Company will pay you the greater amount or $ 2,500.00.
Additional Rules for Arbitration are not based on looks. If arbitration is not based on elected appearance, arbitration will be proceeded by phone, online and / or upon written submission only; The specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance of the parties or witnesses unless the parties otherwise agree.
Limited time. If you or the Company pursue arbitration, arbitration must be initiated and / or requested within the statute of limitations and for any period applicable under the AAA Rules for the appropriate claim.
Powers of Arbitration. If arbitration is initiated, the arbitrator will decide the rights and obligations of you and the Company, and the dispute will not be merged with any other matter or associated with any other case or party. . The arbitrator will have the right to make individual movements on all or part of any claim. The arbitrator will have the authority to settle damages with money and provide any non-monetary remedies or relief available to an individual under applicable law, the AAA Rules and the Terms. The arbitrator will issue a written award and a decision statement describing the findings and conclusions needed to underpin the award. The arbitrator has the same authority to make judgments on an individual basis that judges in court have jurisdiction. The award of the arbitrator is final and binding on you and the Company.
Waiver of Trial Panel. FOLLOWING PARTIES WAIT FOR THEIR RIGHTS OF CONFIRMATION AND STATUS TO GO TO THE COURT AND TEST BEFORE A JURISD OR JURY, instead choosing that all claims and disputes will be resolved by arbitration under the Agreement This referee. Arbitration proceedings are often more restrictive, more efficient, and less expensive than the rules that apply at court and are subject to very limited court review. In the event of any lawsuit arising between you and the Company in any federal or state court to sue or enforce arbitral awards or otherwise YOU AND THE COMPANY WAIT FOR ALL RIGHT TO TRIAL USE, instead of choosing that the dispute is resolved by a judge.
Class Waiver or Consolidation Actions. All claims and disputes within the scope of this arbitration agreement must be adjudicated or litigated on an individual basis rather than on a collective basis, and claims of multiple customers or users are unable to be arbitrated or sued jointly or incorporated with claims of any other customer or user.
Security. All aspects of the arbitration proceedings will be strictly confidential. The parties agree to keep confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to the courts of law any information necessary to enforce this Agreement, to enforce arbitration or to seek ordered or impartial relief.
Partial validity. If any part or parts of this Arbitration Agreement are by law invalid or unenforceable by a court of competent jurisdiction, then that particular part or part will be invalid and will be severed. removed and the remainder of the Agreement will continue in full force and effect.
Right to give up. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against the claim. Such waiver will not waive or affect any other part of this Arbitration Agreement.
Effect of Agreement. This Arbitration Agreement will persist after you terminate the relationship with the Company.
Small court request. However, with the foregoing, you or the Company may bring a separate action in small claims court.
Emergency Fair Relief. Either way, either party may seek an urgent fair resolution before state or federal court to maintain the status quo pending adjudication. A request for provisional measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claim not to comply with the referee. Notwithstanding the foregoing, claims that defame, violate the Computer Abuse and Fraud Act, and infringe or misappropriate patents, copyrights, trademarks or trade secrets of the other party will not be subject to this Arbitration Agreement.
In any event where the foregoing Arbitration Agreement allows the parties to litigate in court, the parties hereby agree to abide by the individual jurisdiction of the courts located in the Netherlands County, California, for the that destination.
The Site may be subject to US export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export or transfer, directly or indirectly, any U.S. technical data obtained from the Company or any product using such data, in violation of the law. or US export regulations.
Company is based at the address in Section 10.8. If you are a California resident, you can report your complaint to the California Department of Consumer Products Division Complaints Support by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by phone at (800) 952-5210.
Electronic communication. Communication between you and the Company using electronic means, whether you use the Site or email us, or whether the Company posts notices on the Website or communicates with you by email. For contractual purposes, you (a) agree to receive communications from the Company electronically; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications provided to you electronically by the Company satisfy any legal obligation. reason that such communication should be met if it is in print.
Entire Terms. These Terms constitute the entire agreement between you and us regarding your use of the Website. Our failure to exercise or enforce any right or provision of these Terms will not act as a waiver of such right or term. Section titles in these Terms are for convenience only and have no legal or contractual effect. The word “included” means “including but not limited to”. If any provision of these Terms is found to be invalid or unenforceable, then the other terms of these Terms will not be altered and the invalid or unenforceable term will be is deemed to be valid and feasible to the maximum extent permitted by law. Your relationship with the Company is that of an independent contractor and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, authorized or otherwise by you without the prior written consent of the Company and any other Any attempt to assign, subcontract, authorize or otherwise transfer in violation of the foregoing will be void and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms will be binding on assignees. Authorize or otherwise transfer without the prior written consent of the Company and any attempt to assign, subcontract, authorize or otherwise transfer in violation of the foregoing will be void and void brand. Company may freely assign these Terms. The terms and conditions set forth in these Terms will be binding on assignees. Authorize or otherwise transfer without the prior written consent of the Company and any attempt to assign, subcontract, authorize or otherwise transfer in violation of the foregoing will be void and void brand. Company may freely assign these Terms. The terms and conditions set forth in these Terms will be binding on any assignee.
Copyright / Trademark Information. Copyright ©. All Rights Reserved. All trademarks, logos and service marks displayed on the Website are our property or the property of other third parties. You may not use these Trademarks without our prior written consent or the consent of a third party who may own the Trademarks.