Terms & Conditions
Use of This Site
This site is the property of BWApparel. Your use of this site, any services made available through this site (the “Services”) or the purchase of products using the site is subject to your agreement to the terms and conditions set forth herein and the completion of any applicable registration requirement. By accessing or registering to access any portion of this site or any Services or by using any portion of this site or any Services you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, please do not proceed any further and do not access or use this site or any of the Services made available herein.
Use of this site is solely at BWApparel's discretion, and BWApparel reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from this site. You are not granted any rights in or to this site, any Services or any information, other than the limited right to use this site, the Services or the information according to the terms of this agreement and the policies and procedures that BWApparel may adopt and make available on this site from time to time BWApparel may terminate your access to this site at any time. This site is for your personal, non-commercial use.
This site contains information proprietary to BWApparel and its business partners and customers (the “Information”) including but not limited to (i) the site’s look, feel and embodied know-how, ideas, concepts and images and (ii) information and data related to BWApparel its business partners and its or their customers. You acknowledge that this Information may be treated as confidential by BWApparel, its business partners and customers and agree to take all reasonable measures to protect the confidentiality of the Information. This site is protected by U.S. copyright law and international treaties.
Our business partners or customers providing or using Information that is made available on this site, including yourself, are solely responsible for the accuracy and content of the Information supplied or used and agree not to supply any Information that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal. You agree (i) not to retransmit, publicly display, sell or use the Information provided for business purposes, and (ii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, other than Information that you have supplied. You hereby grant BWApparel the non-exclusive, royalty-free right to use, copy and prepare derivative works of the Information that you submit to the site for purposes of fulfilling your orders. You agree to comply with all applicable laws and regulations regarding your access to and use of the site and the Services. You must be at least 13 years of age to use the Site.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY SITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on this site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this site or any website with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
In the event a product is listed on the site at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. BWApparel reserves the right to reject any orders placed on the site.
Links to Other Sites
This site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-BWApparel website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
Exclusion of Liability
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a 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 we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this site or any 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. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
Your Indemnification Obligations
Your indemnification obligation does not apply in the State of New Jersey for any claim, liability, loss, expense or demand, including legal fees, arising out of Moms at Play’s own negligence.
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this site (or any portion thereof) and/or the information, materials, products and/or services available through this site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this site.
Law & Jurisdiction
You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the State of New Yorkand venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.