Welcome to The Children's Boutique
Your access to our Web site is subject to the following Terms
and Conditions of Use ("User Agreement"), which may be updated by
us from time to time without notice to you. Your use of our Web site after the
posting by us of any changes to this User Agreement will constitute your acceptance
of those changes. If you have any questions about this User Agreement, please
contact us by sending an e-mail to kidgift@thechildrensboutique.com.
The Children's Boutique Privacy Policy
The personally-identifiable information that you provide us
when using the features of our Web site is subject to our Privacy Policy, which
is a part of this User Agreement. Please take the time to review the important
information contained in our Privacy Policy regarding our collection anduse
of this information.
Your Use of Our Website
You may not reproduce, duplicate, copy, sell, or otherwise transfer
or commercially exploit our Web site (or any portion of it), unless you have
The Children's Boutique express written permission to do so. You may only use our Web
site in accordance with the terms of this User Agreement, any other terms applicable
to the various features of our site and all applicable laws, rules, and regulations.
The Children's Boutique may, in its sole discretion and at any time, discontinue the
The Children's Boutique Web site, or any part thereof, with or without notice. You agree
that you do not have any rights in our Web site and that The Children's Boutique will
have no liability to you if the The Children's Boutique Web site is discontinued or your
ability to access our Web site is terminated.
Disclaimers
You acknowledge and agree that:
a. YOUR USE OF THE CHILDREN'S BOUTIQUE WEBSITE IS AT YOUR OWN RISK AND
IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE CHILDREN'S BOUTIQUE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because our Web
site is provided to you "AS IS," you agree that The Children's Boutique shall
not be liable to you or to any third party for any delay in delivery of, or
failure to deliver, any of your communications or other information you submit
using our Web site. Because our Web site is provide to you "AS AVAILABLE,"
you agree that The Children's Boutique shall not be liable to you or to any third party
for any modification, suspension, or discontinuance of the The Children's Boutique Web
site or of your ability to access it.
b. The Children's Boutique also disclaims any warranty that (i) our Web
site will meet your requirements, (ii) our Web site's operation will be uninterrupted,
timely, secure, or error-free, and (iii) any information or communication that
may be obtained from the use of our Web site (including, but not limited to,
our retailers' pricing information) will be accurate or reliable (and The Children's Boutique disclaims any liability for damages that may arise from your reliance
on any such information or communication).
c. You assume the full responsibility and risk for any damage
to your computer or other consequences that result from your downloading any
information, software, or other materials through our Web site. The Children's Boutique
shall have no liability for any damage to your computer, including loss of data,
that results from your downloading any such materials. Some states do not allow
the disclaimer of implied warranties, so this provision may not apply to you.
Limitation of Liability
YOU AGREE THAT THE CHILDREN'S BOUTIQUE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL,
USE, OR DATA (EVEN IF THE CHILDREN'S BOUTIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), THAT RESULT FROM: (a) YOUR USE OF OR INABILITY TO USE THE CHILDREN'S BOUTIQUE WEBSITE; (b) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION
OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (c) REPRESENTATIONS OR CONDUCT
OF ANY THIRD PARTY RELATED TO THE CHILDREN'S BOUTIQUE WEBSITE; OR (d) ANY OTHER MATTER
RELATING TO THE CHILDREN'S BOUTIQUE WEBSITE. Some states do not allow the limitation
of liability, so this provision may not apply to you.
Trademarks
thechildrensboutique.com, echildrensboutique.com, The Children's Boutique and all other slogans,
logos, and product and service names used on this Web site are trademarks owned
by The Children's Boutique. Except with respect to the creation of a link to our Web
site in accordance with The Children's Boutique Linking Terms, you agree not to display
or use such trademarks, in any manner, without the written permission of The Children's Boutique. Trademarks and trade names of third parties are the property of those
third parties and are used by The Children's Boutique are subject to license, or subject
to the fair use provisions of U.S. trademark law. Users on our Web site may
post trademarks of third parties in connection with their sale of those products.
Users are expressly forbidden to misuse those marks.
Copyright
The content that The Children's Boutique provides on our Web site, including,
but not limited to, text, graphics, images, and logos, is owned by either The Children's Boutique or the party that has provided the content to us and is protected by U.S.
and international copyright laws. The Children's Boutique is the sole and exclusive owner
of its compilation of this content on our Web site, and this compilation is
also protected by U.S. and international copyright laws. Unpermitted copying
of any of this content could lead to copyright infringement. The Children's Boutique expects you to respect its copyright rights, as well as the copyright rights
of others. If you are the Copyright-holder of any text or images used on our
site and object to their use by The Children's Boutique, contact our System Administrator
and we will remove them promptly.
General
You agree that this User Agreement describes the entire agreement
between us with respect to its subject matter. The The Children's Boutique Web site was
created and is operated under the laws of the State of Pennsylvania. The laws
of the State of Pennsylvania will control the terms and conditions provided
in this User Agreement, without giving effect to any principles of conflict
of laws. If a court of competent jurisdiction finds that any provision of this
User Agreement is invalid or enforceable, we both agree that the other provisions
of this User Agreement will remain in full force and effect. You agree that
regardless of any applicable law to the contrary, you cannot file a claim or
cause of action arising out of or related to the The Children's Boutique Web site or
this User Agreement.
