| DiaperBeagle.com Policies
Your one-stop guide to cloth diaper comparison shopping and information |
We reserve the right to modify and/ or change these Terms at any
time and will post the changes on this page of the web site. By
your continued use of our site, you agree to be bound by such
changes as they are posted.
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| Ratings and Reviews |
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Ratings provide
valuable information to buyers looking for
advice from prior customers, but they do not
constitute an endorsement of a product or
merchant by DiaperBeagle, nor guarantee a level
of performance by any merchant or third party.
DiaperBeagle.com does not guarantee the accuracy
or reliability of the public rating services,
and assumes no liability for inaccuracy or
incompleteness in its search results, editorial
content, User ratings
or other content on the site.
Users submitting merchant ratings agree to present information in
a factual manner, not taking action with the
intent to falsify or misrepresent a store, or to
damage the integrity and accuracy of the
merchant reviews. Users will not use
profanity, slandering, or offensive language or any
other inappropriate content or that which
violates another's personal or legal rights.
A User submitting a rating or review thereby
guarantees that s/he has direct, irrefutable consumer
experience with said merchant or product and
gives all copyright and property rights to DiaperBeagle to publish the review in its own
discretion. DiaperBeagle.com reserves the
right to not publish, alter, or remove rating
content deemed offensive or in opposition to its
policies.
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| Warranty and Other Disclaimers |
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The User agrees that the use of DiaperBeagle.com and its services is at the sole risk of the
User, provided on an "As Is" basis. DiaperBeagle.com shall
not be held responsible or liable for any actions taken,
either wholly or in part, based on the information provided
on DiaperBeagle.com, or for any loss, damage, expense or
injury resulting from any transactions conducted with any
online merchant or other third party listed on our
marketplace. To the maximum extent permitted by law,
DiaperBeagle.com EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, as well as representations and
warranties of title, non-infringement, freedom from computer
viruses, worms, and other operating problems, and implied
warranties arising from course of dealing or course of
performance. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY USER FROM DIAPERBEAGLE.COM OR THROUGH
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. In addition,
since DiaperBeagle.com cannot verify all information
provided by online merchants and other third parties, and
errors in gathering or reporting such information may occur
due to the large volume of merchants with many different
products and services, DiaperBeagle.com does not represent
or warrant that the information accessible via our Web site
or other services is always accurate, complete or current,
and shall not be liable for or responsible to honor (or to
cause any merchant to honor) any erroneous information
regarding the price, description and availability of, or any
discounts, offers, promotions and coupons relating to, any
product or service offerings available on our Web site or
through our other services. Furthermore, due to the dynamic
nature of online shopping, all information regarding such
matters is subject to change without notice.
DIAPERBEAGLE.COM SHALL NOT HAVE ANY LIABILITY OR
RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR
INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON
INFORMATION OBTAINED FROM OR THROUGH DIAPERBEAGLE.COM'S
SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR
SERVICES, whether or not they were accessed via our Web site
or other services.
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| Limitation of Liability |
DIAPERBEAGLE.COM AND DIAPERBEAGLE.COM PARTNERS SHALL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR
THE INABILITY TO USE THE SERVICE OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE, EVEN IF DIAPERBEAGLE.COM OR DIAPERBEAGLE.COM PARTNERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
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| Indemnification and Release |
| You agree to indemnify and hold DiaperBeagle, its subsidiaries, affiliates, officers
and employees, and service providers harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of your use
of the Service, the violation of this Agreement by you, or the infringement by you, or
other user of the Service using your computer, of any intellectual property or other
right of any person or entity. Even though prohibited, people may provide information
that is offensive, false, harmful, or deceptive. DiaperBeagle and its Service
providers assume no responsibility whatsoever for such content or actions. YOU HEREBY
RELEASE, REMISE AND FOREVER DISCHARGE DiaperBeagle AND ITS SERVICE PROVIDERS AND EACH OF
THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE
PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR
CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES
OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS
OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH
NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF
THE SERVICE. |
| Third-Party Sites |
Our Web site or other services may
include links to other sites on the Internet
that are owned and operated by online merchants and other third
parties. You acknowledge that we are not
responsible for the availability of, or the
content located on or through, any third-party
site. You should contact the site administrator
or Webmaster for those third-party sites if you
have any concerns regarding such links or the
content located on such sites. Your use of those
third-party sites is subject to the terms of use
and privacy policies of each site, and we are
not responsible therefore.
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| Other Terms |
| Our Web site and other services are operated
and provided in the State of Tennessee, USA. As
such, we are subject to the laws of the State of
Tennessee, and such laws will govern this User
Agreement, without giving effect to any choice
of law rules. We make no representation that our
Web site or other services are appropriate,
legal or available for use in other locations.
Accordingly, if you choose to access our site or
other services, you agree to do so subject to
the internal laws of the State of Tennessee.
You are in the best position to know whether
your use of our site or other services may be
prohibited or restricted by local laws in your
location, and therefore are responsible for
compliance with any such laws. We do not
guarantee continuous, uninterrupted or secure
access to our Web site or other services, and
operation of our Web site or other services may
be interfered with or adversely affected by
numerous factors or circumstances outside of our
control. This is the entire agreement and
understanding between us regarding the subject
matter hereof, and may only be modified as
provided above. If any provision of this User
Agreement shall be unlawful, void or
unenforceable for any reason, the other
provisions (and any partially-unenforceable
provision) shall not be affected thereby and
shall remain valid and enforceable to the
maximum permissible extent. You agree that this
User Agreement and any other agreements
referenced herein may be assigned by
DiaperBeagle.com,
in our sole discretion, to a third party in the
event of a merger or acquisition. This User
Agreement shall apply in addition to, and shall
not be superseded by, any other written
agreement between us relating to your
participation in any other program or service
offered by DiaperBeagle.com. You agree that by
accepting this User Agreement, you are
consenting to the use and disclosure of your
personally identifiable information and other
practices described in our
Privacy Policy. |
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Effective Date: User Agreement last
modified October 3, 2005. |
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