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Conditions of Use
Wise Innovations, Inc. has designed the babyearth.com website to bring together an intelligent collection of products for your baby, using an easy-to-navigate interface that allows you to order products with complete confidence. Use of this website implies agreement with the following conditions of use. These Terms of Use govern your use of the Site, and by using the Site, you agree to the Terms of Use. If you do not agree to these Terms of Use, you may not use this Site. Wise Innovations, Inc. reserves the right, at any time, to modify, alter, or update these Terms of Use. By using the Site and thereby accepting the Terms of Use, you agree to be bound by such modifications, alterations, or updates of the Terms of Use.

SITE CONTENT

All images and product descriptions belong to Wise Innovations, Inc. or their respective copyright owners. Product descriptions are compiled from manufacturer data and original content, and are believed to accurately represent the items for sale. In the rare event of a materially inaccurate product description, our maximum liability will be a full refund of the item's purchase price.

USER-GENERATED CONTENT

Our product review feature enables you to post comments about our products to help other shoppers make a purchase decision (User Content). Any information posted must not be illegal, obscene, self-promotional, abusive, or otherwise offensive to third parties. We reserve the right to edit or delete such content. Remember, this is a family site! You agree and acknowledge that without regard to whether such content is published, Wise Innovations, Inc. does not guarantee any confidentiality with respect to any such submissions.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them. You represent and warrant that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, or any right of privacy or publicity of any third party, or any applicable law, rule or regulation, or any of the Posting Rules; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Wise Innovations, Inc. to post, publish, reproduce, display and otherwise exercise all rights in your User Content, including, but not limited to, the written consent, release, and/or permission of each and every identifiable individual person featured or referenced in the User Content to use their name, voice, likeness or any other applicable personal rights of any kind.

Wise Innovations, Inc. takes no responsibility and assumes no liability for any User Content posted or otherwise submitted to us. Any material, information or idea you submit or post on the Site will be considered non-confidential and non-proprietary. Wise Innovations, Inc. may publish or otherwise use your name and User Content for any purpose whatsoever without your consent.

As between you and Wise Innovations, Inc., you shall retain all of your ownership rights in and to your User Content. However, by submitting User Content to Wise Innovations, you hereby grant Wise Innovations, Inc. a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Wise Innovations, Inc. (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Site under these Terms of Use. Wise Innovations, Inc. will have the right to refuse, remove or delete any User Content that it reasonably considers to violate these Terms of Use or to otherwise be illegal or objectionable.

ACCEPTABLE USE POLICY

With respect to any submitted User Content, you agree not to: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant Wise Innovations, Inc. all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of Wise Innovations, Inc., or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personal data about other users.

You will not use the Site or any of the information contained on the Site in any way that is unlawful or harms Wise Innovations, Inc. or any user of a Wise Innovations, Inc. Site. You may not use the Site in any manner that could overburden, or impair any website owned or operated by Wise Innovations, Inc. (or the networks or systems connected to any such websites). You may not use any device, software or instrumentality to interfere with the proper working of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site. You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Wise Innovations, Inc. reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Wise Innovations, Inc. does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Wise Innovations, Inc. expressly disclaims any and all liability in connection with User Content. Wise Innovations, Inc. reserves the right, at its sole discretion, but is not obligated, to monitor any and all User Content, messages, postings, or other content sent to the Site, and reserves the right to remove, modify, delete or to refuse to post any User Content or anything else that Wise Innovations, Inc. in its sole discretion views to be in violation of these Posting Rules, the law, or is otherwise inappropriate. Wise Innovations, Inc. may also terminate a user's access or account for uploading material in violation of these posting rules or the terms at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Content or links to your User Content to individuals with whom you are not acquainted.

PRICING

We use a highly automated e-commerce engine to bring new products and features to you rapidly, while minimizing the potential for errors. With automation and site expansion, however, comes the minimal risk of incorrect prices temporarily being applied to our products as viewed online. In the unlikely event that a product is associated with an incorrect price, Wise Innovations, Inc. reserves the right to cancel an order or perform a billing adjustment after e-mail notification to you. You also will have the right to cancel the order and have the product returned to us at our expense if necessary.

YOUR ACCOUNT

We take great pains to ensure that your information is used for nothing other than conducting such business as you wish to conduct with us. Furthermore, we only transact business with those individuals legally permitted to do so. Any activity on our site by minors requires parent/guardian consent and oversight. It is your obligation to ensure that any account names, passwords, credit card numbers, or other account information remain exclusively for use by you.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

Wise Innovations, Inc. recognizes and respects the intellectual property of others, and we ask our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the Site who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Wise Innovations, Inc. and/or others.

EXTERNAL LINKS

This site contains links to other websites. Wise Innovations, Inc. is not responsible for the privacy practices or the content of other sites.

LEGAL DISCLAIMER

We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law, or to comply with a legal process served on our Website.

WARRANTIES AND DISCLAIMERS

Wise Innovations, Inc. intends for the information and data contained in the Site or provided via other channels, including but not limited to phone and email, to be accurate and reliable; however, since the information and data have been compiled from a variety of sources, it is provided 'AS IS.' You expressly agree that your use of the Site and any information contained therein is at your sole risk. Wise Innovations, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, NCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITAITON OF LIABILITY

IN NO EVENT SHALL Wise Innovations, Inc. OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Wise Innovations, Inc. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site or other channels. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
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