Terms and Conditions

Legal Notice

Mommies & Poppies Inc. provides services to you subject to the following terms and conditions. Your access and purchase transaction(s) with Mommies & Poppies Inc. is governed by our Privacy & Security Notice. Please read and review it to understand our practices. Unless otherwise indicated, this Web Site and its entire contents are the property of Mommies & Poppies Inc. and/or its subsidiaries, affiliates, or assigns. The site and its entire contents are protected, without limitation, pursuant to United States and foreign copyright and trademark laws. Mommies & Poppies Inc. graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Mommies & Poppies Incorporated. Trademarks and trade dress of Mommies & Poppies Inc. may not be used in connection with any product or service that is not Mommies & Poppies', in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Mommies & Poppies Inc. All other trademarks not owned by Mommies & Poppies Inc. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mommies & Poppies Inc.

You agree that the laws of the state of Indiana, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and Mommies & Poppies Inc. If you do not agree, you have no right or license to access this Web Site and you should not do so.

General Terms

1. You are authorized to download the material on this Web Site for your personal, non-commercial use only. In doing so, you may not remove or in any way alter any trademark, copyright, or other proprietary notice.

   Except as allowed in the preceding paragraph, you may not modify, copy, distribute, republish, commercially exploit, or upload any of the material on this Web Site without the prior written consent of Mommies & Poppies Inc. No intellectual property or other rights in and to this Web Site, other than the limited right to use set forth above, are transferred to you.

2. Mommies & Poppies Inc. makes no representations or warranties with respect to this Web Site or its contents, which are provided for use "as is". Mommies & Poppies Inc. disclaims all warranties, express or implied, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, with respect to the Web Site and any web site with which it is linked. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on this Web Site or any web site with which it is linked. Price information is subject to change without notice.
3. To the fullest extent permitted by applicable laws, Mommies & Poppies Inc. and its employees, agents, suppliers, and contractors shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Mommies & Poppies Inc. has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Web Site or any web site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
4. Mommies & Poppies Inc. represents products for infants and children, but sells them to adults, who can access and purchase merchandise with a credit card. If you are under 18 years of age, you may use Mommies & Poppies' shopping cart only with direct supervision of a parent or guardian. Mommies & Poppies Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Submissions

5. To the extent that portions of this Web Site (such as "chat rooms", "bulletin boards", or "contact us") provide users an opportunity to submit, post and/or exchange information and/or commentary, ideas and opinions ("Submissions"), you hereby represent and warrant that you have all necessary rights in and to all Submissions you provide and all material they contain; that your Submissions shall not infringe any proprietary or other rights of third parties; that your Submissions shall not contain any viruses or other contaminating or destructive devices or features; that your Submissions shall not contain any defamatory, indecent, obscene, offensive, tortuous, or otherwise unlawful material or content; and that your Submissions shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
6. If you post or otherwise submit Submissions, or other content on the Web Site, you grant Mommies & Poppies Inc. and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any and all channels and in any media now known or hereinafter created. You also grant Mommies & Poppies Inc. and its affiliates and sub licensees the right to use the name that you submit with any Submission, if any, in connection with such Submission. You agree that you shall have no claim or other recourse against Mommies & Poppies Inc. or its affiliates for infringement of any proprietary right in any Submission provided. Mommies & Poppies Inc. makes no representation or warranty that any such Submissions shall be published or otherwise used, and any such decision shall be in Mommies & Poppies Inc.' sole discretion.

Indemnification

7. You hereby agree to indemnify and hold harmless Mommies & Poppies Inc. from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Mommies & Poppies Inc. directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them.

© 2003 Mommies & Poppies Inc.