Terms and Conditions
The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
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By using L'Aurora Baby's Web site, you agree to be bound by these Terms and Conditions. L'Aurora Baby may revise these Terms and Conditions at any time by updating this posting. These Terms and Conditions were last updated on October 18, 2010. If you have questions about these Terms and Conditions, you may contact L'Aurora Baby in several ways:
- By sending e-mail to sales@laurorababy.com.
- By postal mail at:
L'Aurora Baby
Attn: Customer Service
P.O. Box 882042
Port Saint Lucie, FL 34988-2042
- Copyright
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All content, graphics, code and software used or incorporated into L'Aurora Baby's Web site, 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 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 or content or information contained in L'Aurora Baby's Web site 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 in frames or through similar means on another Web site without written permission from L'Aurora Creative Pages is prohibited.
- Trademarks
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All brand, product, service, and process names appearing on L'Aurora Baby's Web site are trademarks of their respective holders. Certain trademarks, trade names, service marks and logos used or displayed on L'Aurora Baby's Web site are registered and unregistered trademarks 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 are the registered and unregistered trademarks, trade names and service marks of their respective owners. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by L'Aurora Baby. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of L'Aurora Baby or any third party, except as expressly granted herein.
- Use Of Site
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L'Aurora Baby's Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on L'Aurora Baby's Web site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. L'Aurora Baby reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, for any reason or for no reason, including, without limitation, if L'Aurora Baby believes that customer conduct violates applicable law, is harmful to the interests of L'Aurora Baby, breaches any of these Terms and Conditions or if information provided for registration cannot be verified or authenticated. You are personally liable for any orders placed or changes incurred through your account prior to termination.
L'Aurora Baby reserves the right to change, suspend, or discontinue all or any aspect of L'Aurora Baby's Web site at any time without notice.
- Privacy Policy
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L'Aurora Baby respects its customers and understands that online privacy is very important to you. L'Aurora Baby has adopted this policy to ensure that your personal information is handled responsibly and safely. As L'Aurora Baby continues to develop its Web site, its privacy policy may change.
L'Aurora Baby does not want to receive confidential, proprietary or trade secret information through its 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 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. L'Aurora Baby 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. L'Aurora Baby may, but is not obligated to, monitor or review any communications transmitted or posted to L'Aurora Baby's Web site. L'Aurora Baby will have no obligation to use, return, review or respond to such communications. L'Aurora Baby 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. L'Aurora Baby retains the right to remove any or all communications that include any material it deems inappropriate or unacceptable.
INFORMATION COLLECTED
When you become a registered user, L'Aurora Baby collects your name, mailing address, phone number and e-mail address. This information is used to make your online shopping information as quick and easy as possible.
When you place an order, L'Aurora Baby collects your name, billing address, shipping address, phone number, e-mail address, and payment information. L'Aurora Baby may also gather information on the person who will receive any gift you send (such as that person's name and address). L'Aurora Baby retains records of purchases.
When you submit a question to customer service, L'Aurora Baby collects your e-mail address and any additional information you may provide.
When you enter a sweepstakes or contest, L'Aurora Baby collects your name, address, phone number, and e-mail address. L'Aurora Baby may also ask you for additional information such as your age, interests, product preferences, or zip code.
L'Aurora Baby may receive information about you from other sources. For example, L'Aurora Baby may receive your updated address from a shipper.
L'Aurora Baby may acquire customer lists from other parties so that it may invite new people to visit L'Aurora Baby's Web site. L'Aurora Baby's policy is to acquire only lists of people who have indicated that they are willing to receive offers. Each time L'Aurora Baby sends an offer, it provides people with the opportunity to opt out of receiving future offers.
HOW PERSONAL INFORMATION IS USED
L'Aurora Baby uses your information to enhance your online shopping experience. For example, it may be used to recognize you and welcome you back to L'Aurora Baby and to make checking out faster and easier. L'Aurora Baby may also send you e-mails and notices about your order.
L'Aurora Baby may use your information in order to improve its Web site. For example, cookies may be used to find out which products or sections of the Web site are visited most often.
L'Aurora Baby may use your information for marketing and promotional purposes. For example, L'Aurora Baby may send out e-mail and direct mail to its customers about products or events that may be of interest to them. L'Aurora Baby may also send offers for discounts or special sales.
HOW PERSONAL INFORMATION IS SHARED
L'Aurora Baby shares personal information with responsible third parties only when you make a purchase. This is required in order to process your transaction, including fraud prevention, shipping, and credit card authorization.
L'Aurora Baby may share your information when necessary to comply with law. This may include sharing information with lawyers, credit bureaus, agents or government agencies in connection with issues related to fraud, credit or debt collection.
Except as disclosed above, L'Aurora Baby does not share, sell, rent or otherwise knowingly make any personal information available to third parties.
HOW COOKIES ARE USED
A cookie is a small piece of information sent by a Web site that is saved on your computer by your web browser. Only the web site that sent the cookie can read the information contained in it. A cookie cannot be used to retrieve any additional data from your computer. A cookie also cannot be used to spread a computer virus or to capture your e-mail address. L'Aurora Baby's Web site uses two kinds of cookies: session cookies and persistent cookies.
Session cookies exist only as long as your web browser remains open. Once you close and exit your web browser, the cookie is automatically removed. Persistent cookies are not automatically removed when you close and exit your web browser.
L'Aurora Baby may use both kinds of cookies to provide you with a more personalized shopping experience and to help you navigate our Web site. For example, the cookie may contain information about your shopping cart. Without it, you would not be able to add products to your shopping cart and checkout.
Although L'Aurora Baby may use cookies to recognize you, L'Aurora Baby does not store personal information in the cookies.
L'Aurora Baby may use cookies to look at how groups, rather than individuals, use our Web site. This is similar to observing which aisles in a physical store are most heavily trafficked and which displays are most successful. Cookies may help L'Aurora Baby develop similar understandings about its Web site, thus helping to improve its Web site.
HOW YOU CAN CHANGE YOUR PREFERENCES
You may opt-out of e-mail, direct mail, or both. To opt out of e-mail, click on the unsubscribe link provided at the bottom of any e-mail communication.
You may contact us by e-mail at privacy@laurorababy.com. Include your name, address, and whether you wish to opt-out of e-mail, direct mail, or both.
You may contact us by postal mail at:
L'Aurora Baby
Attn: Privacy Master
P.O. Box 882042
Port Saint Lucie, FL 34988-2042Include your name, address, and whether you wish to opt-out of e-mail, direct mail, or both.
Please allow up to fourteen (14) business days from when the request was sent or mailed for L'Aurora Baby to complete the removal. Because customer lists are often prepared well in advance, you may continue to receive a few offers after you send us a request. L'Aurora Baby appreciates your patience and understanding in giving it time to carry out your request.
CHILDREN'S PRIVACY
The Children's Online Privacy Protection Act (COPPA) protects the online privacy and personal information of children under thirteen (13) years of age. In compliance with this act, L'Aurora Baby does not promote online to children and does not intentionally collect any personally identifiable information from children under the age of thirteen (13). If L'Aurora Baby becomes aware that an individual is under the age of thirteen (13) and has submitted any information to L'Aurora Baby without prior verifiable parental consent, L'Aurora Baby will delete his or her information from its files.
- Shipping & Delivery
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Shipping costs are determined by your order's total size and weight. Some items may require a shipping surcharge based on size and/or weight. Such surcharges are clearly indicated on the applicable product pages. The United States Postal Service is the preferred carrier and Priority Mail is the preferred method of delivery. Shipping options and quotes are available in the Shopping Cart.
Free shipping applies to all orders of $25.00 or greater after any applicable discounts and before taxes. Free shipping method of delivery will be chosen by L'Aurora Baby and may differ from your chosen shipping option.
At this time, L'Aurora Baby ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the U.S. Virgin Islands. All purchases from L'Aurora Baby's Web site are made pursuant to a shipping contract. The risk of loss and title for all merchandise ordered on L'Aurora Baby's Web site passes to you when the merchandise is delivered to the shipping carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Sales Tax
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L'Aurora Creative Pages Corporation doing business as L'Aurora Baby is a for-profit Florida corporation. As such, L'Aurora Baby is 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 at checkout.
- Warranties
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The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. L'Aurora Creative Pages Corporation doing business as L'Aurora Baby makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, out of date, offensive, or may not meet your needs and requirements. Your use of this Web 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, either express or implied.
L'AURORA BABY HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES APPLY TO THE MAXIUM 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.
UNDER NO CIRCUMSTANCES SHALL L'AURORA BABY BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THESE TERMS AND CONDITIONS.
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 THROUGH L'AURORA BABY'S WEB SITE. WITHOUT LIMITING THE GENEERALITY OF THE FOREGOING, L'AURORA BABY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE PRODUCT MODIFICATION, IMPROPER SELECTION, NON-COMPLIANCE WITH ANY CODES OR MISAPPROPRIATION. L'AURORA BABY MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY ACT. 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 WARRANTES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
L'AURORA BABY DOES NOT WARRANT THAT ITS WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. L'AURORA BABY DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT BE LIABLE FO RDMAGES TO, OR ANY VIRUS THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING OF 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 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) ARRISING 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 ASDVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIBABILITY 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 AN YPROBLEM 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 ACCORDANCE 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 RETURN POLICY.
- Return Policy
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All consignment items are sold "as-is" and all sales are final. If you believe a consignment item you have purchased was grossly misrepresented, please contact us at sales@laurorababy.com.
New items may be returned within thirty (30) calendar days. Contact L'Aurora Baby at sales@laurorababy.com prior to returning the items in order to receive a Return Merchandise Authorization (RMA) number. Returns will not be accepted without a RMA number. Items must be returned in unopened or original condition with tags still attached and a copy of the original sales invoice. A refund of the original price of the item and any applicable taxes will be issued in the original form of payment used to purchase the item. Shipping costs will not be refunded unless the item is being returned because it is damaged or defective.
INSTRUCTIONS FOR RETURNING NEW ITEMS
- Contact L'Aurora Baby by e-mail at sales@laurorababy.com to request a Return Merchandise Authorization (RMA) number. Returns will not be accepted without a RMA number.
- Pack the item carefully in its original packing so that it will not be damaged during shipping.
- Be sure to include a copy of the original sales invoice and RMA number.
- Write the RMA number on the outside of the package.
- Use a secure and insured shipping method to send the item so that it can be tracked. L'Aurora Baby is not responsible for items lost or damaged during return shipping. Refunds will not be issued until the returned item is received.
- Send the return to the following address:
L'Aurora Baby
Attn: Returns
P.O. Box 882042
Port Saint Lucie, FL 34988-2042
- Miscellaneous
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PRODUCTS AND SPECS
All content, specifications, products and prices of products and services described or depicted on L'Aurora Baby's Web site 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. L'Aurora Baby makes 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 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.
ACCURACY OF INFORMATION
L'Aurora Baby attempts to ensure that information on its Web site is complete, accurate and current. Despite its best efforts, the information on its Web site may occasionally be inaccurate, incomplete or out of date. L'Aurora Baby makes no representation as to the completeness, accuracy or timeliness of any information on L'Aurora Baby's Web site. L'Aurora Baby reserves the right to correct any errors, in accuracies 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 L'Aurora Baby reserves the right to cancel or refuse to accept any order placed based upon incorrect pricing or availability information. Although it is L'Aurora Baby's policy to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute 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. L'Aurora Baby may require verification of information prior to the acceptance and/or shipment of any order.
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.
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 L'Aurora Baby determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, L'Aurora Baby may take any action it deems 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.
INAPPROPRIATE ACTIONS
You are prohibited from using L'Aurora Baby's Web site 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 comprise 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 it 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 L'Aurora Baby determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, L'Aurora Baby may take any action it deems 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.
VOID WHERE PROHIBITED
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. L'Aurora Baby and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
NO WAIVER
No waiver of any of the provisions of these Terms and Conditions is binding unless it is in writing and signed by L'Aurora Baby. The failure of either party to insist on the strict enforcement of any provision of these Terms and Conditions does not constitute a waiver of any provision and all terms shall remain in full force and effect.
DELAY IS NOT A WAIVER
No failure or delay by either party in exercising any right, power or remedy under these Terms and Conditions, except as specifically provided in these Terms and Conditions, shall operate as a waiver of any such right, power or remedy.
CHOICE OF LAW AND JURISDICTIONS
This Agreement 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 this Agreement will be brought only in the courts of Saint Lucie County, Florida, or the United States District Court for the Southern District of Florida located in Fort Pierce, Florida. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or related to these Terms and Conditions to the same extent and subject to the same condition as other business documents and records originally generated and maintained in printed form. If any provisions of these Terms and Conditions 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, which shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
WAIVER OF TRIAL BY JURY
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of these Terms and Conditions.
ATTORNEY FEES
In any legal action between the parties concerning these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney fees and court costs.
INADEQUATE LEGAL REMEDY
Both parties understand and acknowledge that violation of their respective covenants and Agreements may cause the other irreparable harm and damage that may not be recovered at law, and each agrees that the other's remedies for breach may be in equity by way of injunctive relief, as well as for damages and any other relief available to the non-breaching party, whether in law or in equity.
HEADINGS
The titles and headings of the sections in these Terms and Conditions are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon any of the provisions of this Agreement.
COMPLETE AGREEMENT
These Terms and Conditions supersede all prior agreements and understandings been You and L'Aurora Baby and constitute the complete Agreement and understanding between You and L'Aurora Baby concerning the subject matter of these Terms and Conditions. No modification of these Terms and Conditions shall be effective unless it is authorized by L'Aurora Baby in writing.
