Terms and Conditions of Use
This document was last updated on November 9, 2012.
Use of the website at www.CollegeBabyShop.com (the “Website” or “Site”) and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies (including privacy policies) and terms and conditions that may appear on this Website (collectively, the "Terms and Conditions"). Your use of this Website in any manner, whether browsing, creating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. We reserve the right to modify or change any of the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read the Terms and Conditions carefully each time you use this Website.
- ACCOUNT. If you create an account on this Website, you agree that all information you provide will be accurate and that you will keep such information current at all times. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password.
- MINIMUM AGE REQUIREMENT. This Website is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using this Website, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract.
- CONTACT INFORMATION. You may contact CollegeBabyShop.com by sending an email to firstname.lastname@example.org
7742 Spalding Drive #360
Norcross, Georgia 30092
- PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS. We are not infallible, and therefore we do not represent or warrant that product specifications, pricing, or other content on this Website is complete, accurate, reliable, current or error-free. In the event of any errors, CollegeBabyShop.com shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge. If you receive a product from CollegeBabyShop.com that is not as described, your sole remedy is to return it in unused condition.
- SELLER; RISK OF LOSS. All items purchased from CollegeBabyShop.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
- ELECTRONIC COMMUNICATIONS. You agree to electronic communication for all of your transactions and communication with CollegeBabyShop.com. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
- PERMISSIBLE CONDUCT. You may access and use this Website only for personal, non-commercial, lawful purposes. To the extent that you post any content on the Website or submit any content to CollegeBabyShop.com, you warrant and represent that such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. CollegeBabyShop.com reserves the right (but not the obligation) to remove or edit such content. You grant CollegeBabyShop.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CollegeBabyShop.com the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CollegeBabyShop.com for all claims resulting from content you supply. CollegeBabyShop.com has the right but not the obligation to monitor and edit or remove any activity or content. CollegeBabyShop.com takes no responsibility and assumes no liability for any content posted by you or any third party.
- LICENSE AND SITE ACCESS. CollegeBabyShop.com grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CollegeBabyShop.com. This license does not include any resale or commercial use of this Website or its contents. No content on this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CollegeBabyShop.com. You may not frame or utilize framing techniques to enclose any content on this Website without express written consent of CollegeBabyShop.com.
- COPYRIGHTS AND TRADEMARKS. All content included on this Website is the property of CollegeBabyShop.com, its content suppliers or its licensors is and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of CollegeBabyShop.com and protected by U.S. and international copyright laws. All software used on this site is the property of CollegeBabyShop.com or its software suppliers and protected by United States and international copyright laws. The CollegeBabyShop.com name and logo are owned by Creative Knitwear and may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Creative Knitwear. All other trademarks not owned by CollegeBabyShop.com 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 CollegeBabyShop.com. In reference to purchasing Alpha Kappa Alpha Sorority, Inc. products, you agree "By purchasing this item you agree not to post, sell or attempt to sale or resale it to another. This includes but is not limited to websites such as eBay, Amazon.com and Craigslist."
- TERMINATION OR CANCELLATION. You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your account, or suspend or block your access to the Site.
- DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED BY COLLEGEBABYSHOP.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLLEGEBABYSHOP.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. COLLEGEBABYSHOP.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLLEGEBABYSHOP.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER COLLEGEBABYSHOP.COM, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF COLLEGEBABYSHOP.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
- ADDITIONAL TERMS. The Terms and Conditions constitute the entire agreement between you and CollegeBabyShop.com with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and CollegeBabyShop.com to shop with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by CollegeBabyShop.com. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. The headings used in the Terms and Conditions are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of the Terms and Conditions or any provision thereof. This Website is owned and operated by Creative Knitwear, Inc. (“Creative Knitwear” d/b/a “CollegeBabyShop.com,” sometimes referred to herein as “we”, “us” or “our”).
- NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT. If you believe that any works on this Website infringe your copyright rights, please provide our copyright agent with information as required by Section 512(c) of the U.S. Copyright Act. Our Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Douglas M. Isenberg, Esq.
The GigaLaw Firm
5555 Glenridge Connector
Atlanta, Georgia 30342
Fax: (678) 681-9681