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Your use of the Metroplex Baby Website will constitute your agreement
to the Terms, Conditions & Notices governing its use, which you should
review before proceeding.
If you don't agree to these terms, please exit
the Website.
The metroplexbaby.com
Website (for purposes hereof, as applicable, the "Website" or "metroplexbaby.com")
is provided by Metroplex Baby, L.L.C. ("Metroplex Baby") and also refers to
all information, software, products and services used and/or available via
the Website is offered to you, the user, only conditioned on your acceptance
without modification of the terms, conditions and notices contained herein.
Any and all rights not expressly granted herein are reserved by Metroplex
Baby. Metroplex Baby reserves the right to change these terms, conditions,
policies and notices, at its sole discretion, at any time or from time to
time. Your use of the Website constitutes your agreement to all of these
terms, conditions, policies and notices. For further information relating
to the legal issues contained in these terms and conditions, or questions or
problem reports regarding this service, please contact
info@metroplexbaby.com.
General;
Trademarks, Copyrights, etc.
Metroplex Baby is the
owner of all intellectual property rights (including copyrights, trademarks
and service marks) in the metroplexbaby.com Website. Material published by
Metroplex Baby on this Website may contain other proprietary notices or
describe products, services, processes or technologies owned by Metroplex
Baby or third parties. Nothing contained herein shall be construed as
granting to you a license under any copyright, trademark, patent or other
intellectual property right of Metroplex Baby or any third party, except as
expressly set forth herein.
"metroplexbaby.com,"
and certain other names and/or logos are trademarks of Metroplex Baby, L.L.C.,
and all related product and service names, design marks and slogans are the
trademarks, service marks or registered trademarks of Metroplex Baby, L.L.C.
All other product and service marks contained herein are the trademarks of
their respective owners. The "look" and "feel" of metroplexbaby.com's site
(including color combinations, button shapes, layout, and all other
graphical elements) are also Metroplex Baby's trademarks and/or copyrights.
All content and
graphics on this site, as well as the HTML used to generate pages, are
protected by U.S. copyright laws and international treaties and may not be
copied without the express permission of Metroplex Baby, which reserves all
rights. Re-use of any of Metroplex Baby's content or graphics for any
purpose is strictly prohibited without Metroplex Baby's prior written
permission. Please direct any inquiries in such regard to
info@metroplexbaby.com.
Please be aware that
the information, software, products and services published on this Website
may include inaccuracies, typographical errors and/or out-of-date
information. Changes are made and items added to the Website and the
information on it from time to time. Metroplex Baby may make such changes
and/or additions at any time at its sole discretion.
Other Parties.
This Website may
contain hyperlinks and/or other connections to websites operated by parties
other than Metroplex Baby, including but not limited to those of Metroplex
Baby's business associates or its advertisers (individually or collectively,
as the case may be, "Other Parties"). Metroplex Baby does not control those
websites and is not responsible for them, including for their availability
or content (including any viruses accessed through them).
Metroplexbaby.com's inclusion of hyperlinks or other connections to such
websites does not imply any endorsement of the material on them or any
association with their owners or operators. Metroplex Baby takes no
responsibility whatsoever for the activities of Other Parties' activities or
practices. Nothing on the Website shall be deemed to be an endorsement,
representation or warranty with respect to any Other Party or other third
party, whether in regard to its Web site, products, services or otherwise.
Use of Information
and Services.
The information and
services on the site are intended solely as a general educational aid and
are not a recommendation of a any providers or merchants.
Your Use; Limited
License.
The metroplexbaby.com
Website is for your personal and noncommercial use. Except as otherwise
expressly provided, you may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer
or sell any information, software, products or services obtained from or
available as part of or in conjunction with this Website. You are granted a
non-exclusive, non-assignable and non-transferable license to use the
Website only under these terms and conditions of use.
This license is not a
sale of any of the owner's rights. The metroplexbaby.com Website may only
be used by you, and you may not rent, lease, lend, sub-license or transfer
the Website or any data residing thereon or any of your rights under this
agreement to anyone else. You may not develop or derive for commercial sale
any other data in machine-readable form that incorporates or uses any
substantial part of the Website. You may not transfer to or store any data
residing or exchanged over the metroplexbaby.com Website in any electronic
network for use by more than one user unless you obtain prior written
permission from Metroplex Baby.
Your
Responsibilities.
The metroplexbaby.com
Website may be used only for lawful purposes by individuals. As one of the
conditions of your use of the Metroplex Baby.com Website, you represent,
warrant and agree that you will not use (or plan, encourage or help others
to use) the Website for any purpose or in any manner that is prohibited by
these terms, conditions and notices or by applicable law (including but not
limited to any applicable export controls). It is your responsibility to
ensure that your use of the Website complies with these terms, conditions
and notices and to seek prior written permission from Metroplex Baby for any
uses not permitted or not expressly specified herein
Web Site Security
Rules.
Users are prohibited
from violating or attempting to violate the security of metroplexbaby.com,
including, without limitation, (i) accessing data not intended for such user
or logging into a server or account which such user is not authorized to
access, (ii) attempting to probe, scan or test the vulnerability of a
Website or network or to breach security or authentication measures without
proper authorization, (iii) attempting to interfere with service to any
user, host or network, including, without limitation, via means of
overloading, "flooding", "mailbombing" or "crashing", or (iv) sending
unsolicited e-mail, including promotions and/or advertising of products or
services, or (v) forging any TCP/IP packet header or any part of the header
information. Violations of Website or network security may result in civil
or criminal liability. Metroplex Baby will investigate occurrences which
may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such
violations.
Content
Submissions.
By submitting event,
merchant, service or other content ("Content") to the Website, you
automatically grant Metroplex Baby the royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or
later developed. In addition, you represent and warrant that you have all
right, power and authority to do the following. Metroplex Baby shall have
the right, but not the obligation, in their sole discretion to edit, refuse
to post, or remove any Content posted on the Website. You agree to
indemnify and hold Metroplex Baby harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your violation of these terms and conditions or your
violation of any rights of another.
Disclaimers &
Limitations.
YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET
GENERALLY. THIS WEBSITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY METROPLEX BABY OR
THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FORGOING OR CREATE ANY
WARRANTY. METROPLEX BABY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE
INFORMATION ON THIS WEBSITE OR ON THE INTERNET GENERALLY WILL BE
UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER
MATERIAL ACCESSIBLE FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
METROPLEX BABY DOES
NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SOFTWARE
OR PROCESS UTILIZED OR DISCLOSED ON THE WEBSITE OR ANY OTHER MATERIAL
ACCESSIBLE FROM THE WEBSITE. IN NO EVENT SHALL METROPLEX BABY BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH
THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE,
OR OTHERWISE ARISING OUT OF THE USE OF THIS OF THIS WEBSITE, THE INTERNET
GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE), EVEN IF METROPLEX BABY HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES.
METROPLEX BABY AND ITS
AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR
INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION,
SERVICES OR OTHER MATERIAL ON THIS SITE. WHILE METROPLEX BABY STRIVES TO
KEEP THE INFORMATION ON THIS SITE ACCURATE, COMPLETE, AND UP-TO-DATE,
METROPLEX BABY AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE
RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO, THE ACCURACY, COMPLETENESS OR
TIMELINESS OF THE INFORMATION.
IF THIS LIMITATION OF
LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE
OR UNENFORCEABLE FOR ANY REASON, THEN METROPLEX BABY'S MAXIMUM LIABILITY FOR
ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $500.00.
Indemnity.
You agree to defend,
indemnify, and hold Metroplex Baby, its officers, directors, employees,
agents, licensors, and suppliers, harmless from and against any claims,
actions or demands, liabilities and settlements including without
limitation, reasonable legal and accounting fees, resulting from, or alleged
to result from, your violation of these Terms and Conditions.
Miscellaneous.
No Partnership.
You agree that no joint venture, partnership, employment or agency
relationship exists between you and Metroplex Baby as a result of this
agreement or use of this Website.
Certain Legal
Requirements. Metroplex Baby's
performance of these terms and conditions is subject to existing laws and
legal process, and nothing contained in them is in derogation of Metroplex
Baby's right to comply with law enforcement requests or requirements
relating to your use of the Website or information provided to or gathered
by Metroplex Baby with respect to such use.
Agreement.
A printed version of this Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. You will use the Website only in strict
accordance with these terms.
Certain Rights &
Obligations; Waiver. Metroplex
Baby shall have the right to terminate or block users' ability to access
this Website at any time without notice and to discontinue or modify any of
the information contained on this service, or the service, at any time.
Metroplex Baby shall have the right to modify these terms and conditions at
any time. The user may not assign any part of this Agreement without
Metroplex Baby's prior written consent. No waiver of any obligation or
right of either party shall be effective unless in writing, executed by the
party against whom it is being enforced.
Enforcement,
Interpretation, etc. These
terms shall be governed by internal Texas and relevant federal laws, and
exclusive jurisdiction and venue for any action shall be had in the state
and federal courts located in Tarrant County, Texas, U.S.A. Use of this
Website is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this
paragraph. Notwithstanding the foregoing sentence, these terms shall be
severable and construed to the extent of their enforceability in light of
the parties' mutual intent if deemed at all unenforceable by a competent
court. Given the nature of these terms, you understand and agree that, in
addition to money damages, Metroplex Baby will be entitled to equitable
relief upon a breach of them by you.
We control and operate
this site from our offices in the U.S.A. We do not represent that materials
on the Website are appropriate or available for use in other locations.
Persons who choose to access this site from other locations do so on their
own, and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
Any inquiries
concerning these terms and conditions of use should be directed to
info@metroplexbaby.com. |
