MATERNITY.COM Website (the “Site”) is an online information service provided by PREMIUM WEB, LLC (“MATERNITY.COM”, “we”, “us”, etc.). This page states the terms and conditions (“Terms”) under which any individual or entity (collectively, “you”, “user”, “your”, etc.) may use the Site. PLEASE READ THIS PAGE CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE. MATERNITY.COM MAY MODIFY THE TERMS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THIS PAGE ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE TERMS AS MODIFIED TO DATE.
This Site Does Not Provide Medical Advice
The Content contained within this site is not intended to be a substitute for professional medical advice, treatment, or diagnosis. Seek the advice of your doctor for any medical condition. Do not disregard professional medical advice based on something you read on this Site.
If you believe you are having a medical emergency, call 911 or your doctor immediately.
1. Intellectual Property, Licenses, and Submissions.
The entire contents of the Site, such as text, graphics, images, software, and other material (collectively, “Material”) are protected by international copyright, trademark, and other intellectual property laws. We, our affiliates, or licensors own all such copyrights and trademarks related to the Material. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL. You may print and download portions of the Material solely for your own personal, non-commercial use provided that you agree not to change any such Material and provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.
By submitting any content to the Site, including message boards, forum, contests, chat rooms, and email (collectively, “Your Content”), you grant maternity.com and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense and including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display Your Content (including, without limitation, ideas contained therein for new or improved products and services) in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in Your Content. You also warrant that the holder of any rights, including moral rights in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of the Site to access, display, view, store and reproduce Your Content for personal use. Subject to the foregoing, the owner of Your Content placed on the Site retains any and all rights that may exist in Your Content. You also grant to MATERNITY.COM the right to use your name in connection with the Your Content as well as in connection with all advertising, marketing and promotional material related thereto. You shall have no recourse against MATERNITY.COM for any alleged or actual infringement or misappropriation of any proprietary right in Your Content submitted to MATERNITY.COM.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of MATERNITY.COM, its affiliates, or licensors. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by MATERNITY.COM, MATERNITY.COM does not operate, control or endorse any information, products or services on the Internet in any way. Except for MATERNITY.COM -identified Material, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with MATERNITY.COM. You also understand that MATERNITY.COM cannot and does not guarantee or warrant that Material available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
3. User Submissions.
As a user of the Site, you are responsible for Your Content (including communications) and are responsible for the consequences of their submission and posting. Without limiting your other obligations, you shall not:
- post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
- post material that reveals trade secrets, unless you own them or have the permission of the owner;
- post material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
- post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
- post a sexually-explicit image or statement;
- post advertisements or solicitations of business without MATERNITY.COM approval;
- post a chain letter or pyramid scheme; or
- impersonate another person.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MATERNITY.COM PROVIDES THE SITE AND RELATED MATERIAL “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTY, EXPRESS OR IMPLIED, OF TITLE, UNINTERRUPTED OPERATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TRUTHFULNESS, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS) WITH REGARD TO THE MATERIAL OR ANY RELATED SERVICES, MERCHANDISE, LINK, OR INFORMATION PROVIDED ON OR THROUGH THE SITE. MATERNITY.COM DOES NOT WARRANT THAT ANY DEFECT IN THE SITE OR RELATED SERVICES OR ANY MATERIAL WILL BE CORRECTED.
MATERNITY.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION BY YOU IN CONNECTION WITH THE SITE OR ANY MATERIAL. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. ACCESS TO SUCH MATERIALS IS AT YOUR RISK. MATERNITY.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MATERNITY.COM OR ANY OF ITS SUPPLIERS, LICENSORS, OR OTHER THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR (I) ANY DAMAGES WHATSOEVER, INCLUDING INCIDENTAL, CONSEQUENTIAL, RELIANCE, AND INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIAL OR SERVICE OR FOR ANY TRANSACTION(S) PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, EVEN IF MATERNITY.COM OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ANY ERROR, OMISSION, OR OTHER INACCURACY IN THE SITE OR ANY MATERIAL DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MATERNITY.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
In no event shall the aggregate liability of MATERNITY.COM to you for all claims arising from the use of the Site or any Material exceed $100.
MATERNITY.COM makes no representations whatsoever about any other website which you may access through the Site or which may link to this Site. When you access a third party’s website, please understand that it is independent from MATERNITY.COM, and that MATERNITY.COM has no control over the content on that website. In addition, a link to a MATERNITY.COM website does not mean that MATERNITY.COM endorses or accepts any responsibility for the content, or the use, of such website.
You shall indemnify, defend and hold harmless MATERNITY.COM, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages costs, and expenses (including reasonable attorneys’ fees and expenses, whether incurred as the result of a third party claim or a claim to enforce this provision) resulting from any violation of the Terms (including negligent or wrongful conduct) by you or any other person accessing the Site through you.
6. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of MATERNITY.COM and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
The provisions of paragraphs 1 (Intellectual Property, Licenses, and Submissions), 2 (Use of the Site), 4 (Liability), 5 (indemnification), 6 (Third Party Rights), and the second paragraph of 8 (Registration and Password), and 9 (Miscellaneous) shall survive any termination of your use of the Site or any Material for any reason.
8. Registration and Password.
You are responsible for maintaining the confidentiality of your Information and password. You are responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify MATERNITY.COM of any unauthorized use of your registration or password.
This Agreement shall all be governed and construed in accordance with the laws of the State of Arizona, except where the laws of The United States of America would otherwise apply. Any legal action or proceeding between MATERNITY.COM and you for any purpose concerning the Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the state of Arizona. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MATERNITY.COM failure to insist upon or enforce strict performance of any provision of any Term shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any Term. MATERNITY.COM may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.