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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:

  1. By sending e-mail to us at customerservice@laurorababy.com
  2. By postal mail at L'Aurora Baby, ATTN: Customer Service, P.O. Box 882042, Port Saint Lucie, FL 34988-2042
  3. 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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 .

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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.

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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.

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