Terms
Introduction to Terms of Use
These are the general terms and conditions (the “Terms of Use” or the “Terms”) governing your use of our services and any of the Rosie Pope Maternity, LLC (“Rosie Pope Maternity”) websites, including, without limitation, those accessible through the following URLs:
http://www.rosiepopematernity.com
(collectively, the “websites”)
Use of the websites, and information distributed in conjunction with the websites, is conditioned on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on the websites. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or websites. Rosie Pope Maternity reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time, and by clicking “I agree” after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
Website Intended Audience
You should be aware that the websites are directed to adults in the United States and are not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Privacy
We describe our current practices related to personally identifiable information collected through the websites in our Privacy Policy. We may update our policies and practices from time to time at our sole discretion, in accordance with the Privacy Policy.
Payment
In using this Site, you agree to pay the amounts owed to Rosie Pope Maternity via one of the following credit cards: Visa, MasterCard, American Express or Discover. At this time, we are not accepting any other method of payment.
Shipping
Rosie Pope Maternity will ship only to addresses located in the United States excluding P.O. Boxes.
Merchandise Returns
For details on our returns policy please consult our “Returns and Cancellations” page.
MomPrep Cancellation Policy
For details on our cancellation policy please consult our “Returns and Cancellations” page.
Restrictions on Use
The websites are owned by Rosie Pope Maternity. All right to, title to, and interest in the information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) available via the websites, the look and feel of the websites, the designs, trademarks, service marks, and trade names displayed on the websites, and the URLs of the websites, are the property of Rosie Pope Maternity or its licensors, and may be protected by copyrights, trademarks, patents, or other proprietary rights and laws.
Rosie Pope Maternity grants you the privilege of accessing and viewing the Content on the websites solely for your personal, non-commercial use if you include the following copyright notice: “Copyright ©2011, Rosie Pope Maternity, LLC. All rights reserved” in addition to any other copyright and proprietary rights notices that are contained in the Content. Rosie Pope Maternity may revoke such privilege at any time with or without notice for any reason or no reason. Any and all Content, software and other works on websites and any reproductions of any of the foregoing (collectively, “Works”) are the intellectual property of Rosie Pope Maternity and/or its suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to, and viewing of, the Content set forth above, Rosie Pope Maternity grants you no other privileges or rights in any of the Works. You may only use the websites, the Content and the Works for personal, noncommercial purposes. You acknowledge that any other use of the websites, the Content or the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of Rosie Pope Maternity, which may be withheld in its sole discretion, is strictly prohibited.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Trademark Notices
All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by Rosie Pope Maternity or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Rosie Pope Maternity or its affiliates without our prior written consent.
Content Disclaimers
Some of the Content available on the websites is provided by Rosie Pope Maternity or its suppliers, and other Content is provided by persons who use the websites (referred to herein as “users”). While Rosie Pope Maternity strives to keep the Content that is included on the websites accurate, complete, and up-to-date, Rosie Pope Maternity cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Rosie Pope Maternity or its suppliers, or by users of the websites. Any opinions, advice, statements or other information expressed or made available by users or third parties, including but not limited to bloggers, are those of the respective user or other third party and not of Rosie Pope Maternity. Rosie Pope Maternity does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the websites.
Rosie Pope Maternity does not have any obligation to prescreen, edit, or remove any Content provided by users that is posted on or available through the websites.
Notwithstanding the foregoing, Rosie Pope Maternity will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
THE CONTENT AVAILABLE VIA THE WEBSITES, SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION OBTAINED FROM AND PROVIDED BY OUR EXPERTS AND OTHER MATERIAL AVAILABLE ON THE WEBSITES, IS OF A GENERAL NATURE AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEBSITES ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. IF YOU HAVE ANY CONCERNS ABOUT YOUR OWN HEALTH OR THE HEALTH OF YOUR CHILD, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITES.
If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the websites. Reliance on any information provided by the websites, the employees or others appearing on the sites at the invitation of Rosie Pope Maternity LLC, or other visitors to the websites are solely at your own risk.
Prohibited Actions
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of any of the websites; (c) introduce into any of the websites any virus or other code or routine intended to disrupt or damage any of the websites, or alter, damage or delete any Content, or retrieve or record information about the Site or its users; (d) merge any of the websites or Content with another program or create derivative works based on any of the websites or Content; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on any of the websites or Content; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Content or access to any of the websites to others; (g) use, or allow the use of, any of the websites or the Content in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using any of the websites. You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to any of the websites.
Third Party Websites
Rosie Pope Maternity may from time to time provide links and pointers on the websites to sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party material on the websites. These Third Party Sites and third party materials are provided as a convenience only. Rosie Pope Maternity has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and Rosie Pope Maternity is not responsible for any information provided at any Third Party Sites. Rosie Pope Maternity makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that Rosie Pope Maternity has provided a link to any Third Party Site on any of websites does not constitute an endorsement, authorization, sponsorship or affiliation by Rosie Pope Maternity with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. Rosie Pope Maternity expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, any Third Party Site.
Feedback
All remarks, suggestions, ideas, graphics, or other information communicated to Rosie Pope Maternity through the websites (together, the “Submission”) will forever be the property of Rosie Pope Maternity. Rosie Pope Maternity will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Rosie Pope Maternity operations. Without limitation, Rosie Pope Maternity will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Rosie Pope Maternity will be entitled to use the Submission (including, without limitation, an edited version of the Submission) for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Rosie Pope Maternity, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.
Prohibited Submission
You are solely responsible for the Submissions you provide, and Rosie Pope Maternity acts merely as a conduit for its distribution and publication. Rosie Pope Maternity reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion (including, without limitation, rejecting, removal, and refusal to post any Submission) if Rosie Pope Maternity believes information you provide is inappropriate for the websites, may violate these Terms, may create liability for Rosie Pope Maternity, or may cause Rosie Pope Maternity to lose (in whole or in part) the services of its ISPs or other suppliers, or is otherwise objectionable. Rosie Pope Maternity may also restrict, suspend, or terminate your access to all or any part of the websites at any time, for any or no reason, with or without notice, and without liability. You agree that the Submissions you provide will not, to the best of your knowledge: (A) be racist, supportive of terrorist activities, defamatory, libelous, unlawfully threatening or unlawfully harassing; (B) contain nudity, violence, or offensive subject matter or contains a link to an adult website; (C) contain restricted or password only access pages or hidden pages or images or “web bugs” or “web beacons”; (D) solicit personal information from anyone under eighteen (18) years of age; (E) harass or advocate harassment of another person; (F) infringe any third party’s copyright, trademark, service mark, trade secret, or other proprietary rights or rights of publicity or privacy; (G) include a photograph of another person that you have posted without that person’s consent; (H) promote information, material, or Submissions that you know are false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, obscene, scandalous, inflammatory, pornographic, or profane material, or any other Submission that could give rise to any civil or criminal liability under the law; (I) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; (J) violate any law or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising); nor (K) violate federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. USERS ARE PROHIBITED FROM USING ANY CONTACT INFORMATION THAT MAY APPEAR ON THIS SITE (INCLUDING BUT NOT LIMITED TO TELEPHONE NUMBERS, FAX NUMBERS OR E-MAIL ADDRESSES) FOR PURPOSES OF MARKETING OR PROMOTING THE GOODS OR SERVICES OF THE USER OR FOR ANY THIRD PARTY GOODS OR SERVICES.
See our Blogging Policy for special rules that apply to blogs on our websites.
Your Account, Passwords and Security
If any of the websites require you to open an account, you must complete the registration process by providing Rosie Pope Maternity with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that if you provide any information to Rosie Pope Maternity that is untrue, inaccurate, not current or incomplete, Rosie Pope Maternity reserves the right to terminate your access and use of the websites. As part of the registration process, you will be asked to select a username and password. Passwords may not be shared or used by more than one individual. It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary. You are responsible for maintaining the confidentiality of any passwords associated with a Rosie Pope Maternity account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security, by contacting us at security@rosiepopematernity.com. Rosie Pope Maternity will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Rosie Pope Maternity or another party due to someone else using your account or password.
Disclaimer of Warranties With Respect to Websites
THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROSIE POPE MATERNITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. These warranties are hereby excluded to the fullest extent permissible by law.
ROSIE POPE MATERNITY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ROSIE POPE MATERNITY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITES.
Limitations of Liability
ROSIE POPE MATERNITY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITES. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT ROSIE POPE MATERNITY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
ADDITIONALLY, IN NO EVENT WILL ROSIE POPE MATERNITY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT ROSIE POPE MATERNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL ROSIE POPE MATERNITY BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR THE MERCHANDISE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $100, whichever is less.
Indemnification
You agree to indemnify and hold harmless Rosie Pope Maternity, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the websites; or (3) your access to and use of the websites.
Modification or Suspension of the Websites
Rosie Pope Maternity may at any time modify, discontinue, or suspend its operation of the websites, or any part thereof, temporarily or permanently, without notice to you.
Must Be At Least 18 Years Old to Use This Site
Rosie Pope Maternity requires that users of any of the websites must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).
Entire Agreement
These Terms, together with our Privacy Policy and any other agreement that may be entered into by you and Rosie Pope Maternity in connection with a specific product or service of Rosie Pope Maternity, constitute the entire agreement between you and Rosie Pope Maternity and supersedes any and all other agreements, representations and understandings, whether written or oral.
Modification By You
These Terms may not be modified or amended by you without the prior written consent of Rosie Pope Maternity.
Severability
If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
Control of Site and Governing Law
This Site is controlled from offices within the United States. Rosie Pope Maternity makes no representation that content or materials in any of the websites are appropriate or available for use in other jurisdictions. Access to any of the websites, Content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access any of these websites from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
These Terms and your use of websites and any products and services provided by websites shall be governed by the laws of the United States of America and the State of New York, without giving effect to its conflicts of laws principles. The parties agree that the state courts and Federal District Courts located in or serving New York County, New York shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from these Terms or your use of the websites or any products and services provided by the websites. The parties hereby expressly consent to the exercise of jurisdiction over them by such courts. To the fullest extent permitted by applicable law, each party to these Terms waives its, his or her right to a jury trial with respect to any action brought under or in connection with these Terms. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.
Not Authorized to Do Business In Every Jurisdiction.
Rosie Pope Maternity is not authorized to do business in every jurisdiction. Information published on the websites may contain references or cross-references to goods or services that are not available in your state or country.
Contact Information
If you have any questions or concerns with respect to these Terms or the websites you may contact a representative of Rosie Pope Maternity by e-mail at info@rosiepopematernity.com or by mail at Customer Service, Rosie Pope Maternity, LLC, 18 E. 41st Street, Suite 1702, New York, NY, 10017.
