L'Aurora Baby Terms and Conditions of Use
Please read these Terms and Conditions of Use for L'Aurora Baby's web site carefully. By using L'Aurora Baby's
web site, you agree to be bound by these Terms and Conditions of Use. We may revise these Terms and Conditions
of Use at any time by updating this posting. We encourage you to refer to these Terms and Conditions of Use
regularly so that you may understand our current Terms and Conditions of Use.
These Terms and Conditions of Use were last updated on February 19, 2008. If
you have questions about these terms and conditions, you may contact us in several ways:
-
By sending e-mail to us at
customerservice@laurorababy.com
-
By postal mail at L'Aurora Baby, ATTN: Customer Service, P.O. Box 882042, Port Saint Lucie,
FL 34988-2042
-
By calling us at (772) 879-2604.
1. Sales Tax Collection
L'Aurora Creative Pages Corporation doing business as L'Aurora Baby is a for-profit Florida corporation. As
such, we are required to collect all applicable state and local sales taxes on any order with a "ship to"
address located in Florida. The sales tax will be clearly indicated on your order.
[Back To Topics]
[Return To Home Page]
2. Shipping Limitations
L'Aurora Baby will ship orders to the address designated by the purchaser as long as that shipping address
complies with our
Shipping Policy
. All purchases from L'Aurora Baby are made pursuant to a shipping contract.
As a result, risk of loss and title for items purchased from L'Aurora Baby pass to you upon delivery of the
items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost
shipments.
[Back To Topics]
[Return To Home Page]
3. Products and Specifications
All content, specifications, products and prices of products and services described or depicted on L'Aurora
Baby's web site or communications are subject to change at any time and without notice. Sales expire at
midnight Eastern Time on the date indicated for the product and are subject to change without notice. Certain
weights, measurements, and similar descriptions are approximate and are provided for convenience purposes only.
We make all reasonable efforts to accurately display the characteristics of our products, including the
applicable colors. The actual color you see will depend on your computer system. We cannot guarantee that your
computer will accurately display any such colors. The inclusion of any products or services on L'Aurora Baby's
web site or communications at a particular time does not imply or warrant that these products or services will
be available at any time. It is your responsibility to obey all applicable local, state, federal and
international laws, including minimum age requirements, in regard to the possession, use and sale of any item
purchased from L'Aurora Baby's web site. By placing an order, you represent that the products ordered will be
used in a lawful manner.
[Back To Topics]
[Return To Home Page]
4. Accuracy of Information
L'Aurora Baby attempts to ensure that information on L'Aurora Baby's web site and communications are
complete, accurate and current. Despite our best efforts, the information on L'Aurora Baby's web site or
communications may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the
completeness, accuracy or timeliness of any information on L'Aurora Baby's web site or communications. We reserve
the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to
change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate
to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based upon
incorrect pricing or availability information. Although it is our policy to confirm orders by e-mail, the receipt
of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to
sell a product or service. L'Aurora Baby reserves the right to limit the order quantity on any product or service
and/or to refuse service to any customer without prior notice. We may require verification of information prior to
the acceptance and/or shipment of any order.
[Back To Topics]
[Return To Home Page]
5. Copyright Notice
All content, graphics, code and software used or incorporated into L'Aurora Baby's web site and communications,
and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights
held or licensed to L'Aurora Creative Pages Corporation doing business as L'Aurora Baby and all rights thereto
are specifically reserved. Permission is granted to electronically copy and print hard copies of pages from
L'Aurora Baby's web site or communications solely for personal, non-commercial purposes related to the placement
of an order or shopping with L'Aurora Baby. Any other use of L'Aurora Baby's web site, content or information
contained in L'Aurora Baby's web site, or communications is strictly prohibited unless the written permission
of L'Aurora Creative Pages Corporation is obtained first. Running or displaying L'Aurora Baby's web site or
communications in frames or through similar means on another web site or in another communication without
written permission from L'Aurora Creative Pages Corporation is prohibited.
[Back To Topics]
[Return To Home Page]
6. Trademarks
Certain trademarks, trade names, service marks and logos used or displayed on L'Aurora Baby's web site or
communications are registered and unregistered trademarks, trade names and service marks of L'Aurora Creative
Pages Corporation doing business as L'Aurora Baby. Other trademarks, trade names and service marks used or
displayed on L'Aurora Baby's web site or communications are the registered and unregistered trademarks, trade
names and service marks of their respective owners. Nothing contained on L'Aurora Baby's web site or
communications grants or should be interpreted as granting any license or right to use any trademarks, trade
names, service marks or logos displayed on L'Aurora Baby's web site or communications without the permission
of L'Aurora Creative Pages Corporation or other such owner.
[Back To Topics]
[Return To Home Page]
7. Third Party Links
L'Aurora Baby's web site may contain links to web sites that are not owned, operated or controlled by
L'Aurora Baby. All such links are provided solely as a convenience to you. By using these links, you will
leave L'Aurora Baby's web site. L'Aurora Baby is not responsible for any content, materials or other information
located on or accessible from any other web site. L'Aurora Baby does not endorse, guarantee, or make any
representations or warranties regarding any other web sites, or any content, materials, or other information
located or accessible from other web sites, or the results that you may obtain from using any other web sites.
You need to make your own independent decisions regarding your interactions or communications with any other
web site.
[Back To Topics]
[Return To Home Page]
8. Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene,
pornographic or profane material. You are also prohibited from posting or transmitting any material that could
constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability,
or otherwise violate any law. In addition to any remedies that L'Aurora Baby may have at law or in equity,
if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing
prohibitions, we may take any action we deem necessary to cure or prevent the violation. Such action includes,
without limitation, the immediate removal of the related materials from L'Aurora Baby's web site. L'Aurora Baby
will fully cooperate with any law enforcement authorities, court order or subpoena requesting or directing us
to disclose the identity of anyone posting such materials.
[Back To Topics]
[Return To Home Page]
9. Inappropriate Actions
You are prohibited from using L'Aurora Baby's web site or communications for any purpose that is prohibited by
any law or regulation, or to facilitate the violation of any law or regulation. You may not obtain or attempt
to obtain through any means any materials or information on L'Aurora Baby's web site that has not been
intentionally made publically available. You may not violate any measure employed to limit or prevent access to
any portion of L'Aurora Baby's web site. You may not compromise the security of L'Aurora Baby's web site or
attempt to gain unauthorized access to any portion of L'Aurora Baby's web site, data, materials, information,
computer systems or networks connected to any server of L'Aurora Baby's web site, through hacking, password
mining or any other means. You are prohibited from interfering with the proper working of L'Aurora Baby's web
site or any activities conducted on or through L'Aurora Baby's web site, including accessing any data, content
or other information prior to the time that is intended to be available to the public. You may not take or
attempt any action that, in the sole discretion of L'Aurora Baby, imposes or may impose an unreasonable or
disproportionately large load or burden on L'Aurora Baby's web site or the infrastructure of L'Aurora Baby's
web site. In addition to any remedies that L'Aurora Baby may have at law or in equity, if we determine, in our
sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any
action we deem necessary to cure or prevent the violation. Such action includes, without limitation, the
immediate removal of your access to L'Aurora Baby's web site. L'Aurora Baby will fully cooperate with any
law enforcement authorities, court order or subpoena requesting or directing us to disclose the identity of
anyone participating in any such actions.
[Back To Topics]
[Return To Home Page]
10. User Information and Communications
L'Aurora Baby respects our customers and understands that online privacy is very important to you. We have
adopted a
Privacy Policy
to ensure that your personal information is handled responsibly and safely. We do not
want to receive confidential, proprietary or trade secret information through L'Aurora Baby's web site except
for information relating to any order you have placed. Any information, materials, suggestions, ideas or comments
sent to L'Aurora Baby will be considered non-confidential and non-proprietary. By submitting such information,
you are granting L'Aurora Creative Pages Corporation doing business as L'Aurora Baby an irrevocable and
unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information,
suggestions, ideas or comments for any purpose whatsoever. We will not use your name in connection with any such
materials, information, suggestions, ideas or comments without first obtaining your permission unless otherwise
required by law to do so. We may, but are not obligated to, monitor or review any communications transmitted or
posted to L'Aurora Baby's web site. We will have no obligation to use, return, review, or respond to any such
communications. We will have no liability related to the content of any such communications, whether or not
arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any
or all communications that include any material we deem inappropriate or unacceptable.
[Back To Topics]
[Return To Home Page]
11. Disclaimers
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH
L'AURORA BABY'S WEB SITE ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. L'AURORA
CREATIVE PAGES CORPORATION DOING BUSINESS AS L'AURORA BABY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH L'AURORA BABY'S WEB SITE. THE INFORMATION,
MATERIALS AND SERVICES PROVIDED ON OR THROUGH L'AURORA BABY'S WEB SITE MAY BE OUT OF DATE. L'AURORA BABY
DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE
FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE UNITED STATES,
SOME STATES DO NOT ALLOW THE EXCLUSION OF THE IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH L'AURORA BABY'S WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE
WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, L'AURORA BABY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR
THROUGH L'AURORA BABY'S WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, L'AURORA BABY HEREBY
EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT
MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY ACT.
THE FORGOING EXCLUSIONS OF IMPLIED WARRANTIES APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE UNITED
STATES, SOME STATES DO NOT ALLOW THE EXCLUSION OF THE IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
[Back To Topics]
[Return To Home Page]
12. Limitations of Liability
L'AURORA CREATIVE PAGES DOING BUSINESS AS L'AURORA BABY DOES NOT WARRANT THAT L'AURORA BABY'S WEB SITE WILL
OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
L'AURORA BABY DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT BE LIABLE FOR DAMAGES TO, OR ANY VIRUSES THAT
MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS
TO, USE OF, OR BROWSING L'AURORA BABY'S WEB SITE, OR YOUR DOWNLOADING ANY INFORMATION OR MATERIALS FROM L'AURORA
BABY'S WEB SITE.
IN NO EVENT WILL L'AURORA CREATIVE PAGES DOING BUSINESS AS L'AURORA BABY, OR ANY OF ITS OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION, OR TRANSMISSION OF L'AURORA BABY'S WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF
THE USE OF L'AURORA BABY'S WEB SITE, ANY WEB SITES LINKED TO L'AURORA BABY'S WEB SITE, OR THE MATERIALS,
INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS
OF LIABILITY APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE UNITED STATES, SOME STATES DO NOT ALLOW THE
EXCLUSION OF THE IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN THE EVENT OF ANY PROBLEM WITH L'AURORA BABY'S WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS
TO CEASE USING L'AURORA BABY'S WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU
HAVE PURCHASED ON OR THROUGH L'AURORA BABY'S WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE
MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANFCE WITH SUCH MANUFACTURER'S OR
SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH
L'AURORA BABY'S RETURNS POLICY
.
[Back To Topics]
[Return To Home Page]
13. Choice of Law and Jurisdiction
These Terms and Conditions of Use supersede any other agreement between you and L'Aurora Creative Pages
Corporation doing business as L'Aurora Baby to the extent necessary to resolve any inconsistency or ambiguity
between them. These Terms and Conditions of Use will be governed by and interpreted in accordance with the
laws of the State of Florida, without giving effect to any principles of conflicts of law. Any action seeking
legal or equitable relief arising out of or relating to L'Aurora Baby's web site will be brought only in the
courts of the State of Florida or the United States District Court for the Southern District of Florida. A
printed version of these Terms and Conditions of Use will be admissible in judicial and administrative
proceedings based upon or related to these Terms and Conditions of Use to the same extent and subject to the
same conditions as other business documents and records originally generated and maintained in printed form.
If any provisions of these Terms and Conditions of Use are found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of
these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any term of these
Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term.
[Back To Topics]
[Return To Home Page]
14. Termination of Account
You or L'Aurora Baby may suspend or terminate your account or your use of L'Aurora Baby's web site at any time,
for any reason or for no reason. You are personally liable for any orders placed or charges incurred through
your account prior to termination. L'Aurora Baby reserves the right, at its sole discretion, to pursue all
legal remedies, including, but not limited to, the immediate termination of your account or ability to access
L'Aurora Baby's web site upon any breach of these Terms and Conditions of Use or if we are unable to verify or
authenticate information provided by you for registration. We reserve the right to change, suspend, or
discontinue all or any aspect of L'Aurora Baby's web site at any time without notice.
[Back To Topics]
[Return To Home Page]