Version 3ó Updated 5/18/2010
Glamourmom.com (referred to herein as "Website") is owned by Glamourmom LLC. All rights in the material displayed on the Website, including but not limited to the Website's look and feel, data, information, text, graphics, images, photos, designs, the selection and arrangement thereof, trademarks, service marks, trade names, and URL, are the property of Glamourmom LLC or its respective partners, agents, or third parties.
3. Age Disclaimer
This Website is not intended for any use by minors under the age of 18.
4. Nonexclusive Limited License; Restrictions5. Glamourmom.com User Code of Conduct
- You are responsible for all material that you send to Glamourmom by electronic transmission.
- You will not disseminate any viruses or other harmful code;
- You will not disseminate any material that infringes or violates copyright, trademark, trade secret, patent, or any other proprietary right;
- You agree that you will not act in any way that is unlawful, harassing, defamatory, threatening, obscene, libelous, or an invasion of privacy in relation to this Website;
- You will not impersonate any person or entity or your affiliation with any person or entity.
6. Glamourmom's Intellectual Property Rights
Any material displayed on and/or made available through the Website, including, without limitation, material in the form of text, photographs or other graphic representation and/or material provided by suppliers, sponsors, or third-party advertisers is protected by copyrights, trademarks, patents (including but not limited to US Patent #7,076,809 and #7,488,809, EP # 1322193, AU Patent # 2002212997 and 2006203128, Canadian Patent 2424035 and additional foreign and domestic Patents Pending), or other proprietary rights and laws. Except as expressly authorized by Glamourmom herein, you agree not to copy, modify, distribute, reverse engineer, or create derivative works in any way based on the Website or any material available through the Website.
7. Third Parties
With respect to any third parties found on or through the Website, your contact with any such third parties remains at all times between only you and the third party. This contact may include payment for and delivery of third party products and any terms, conditions, warranties, or representations associated with such purchases. Glamourmom does not make any representations or warranties with respect to any products or services that may be obtained from such third parties, and you agree that Glamourmom will have no liability with respect to any loss or damage in any form incurred as a result of any contact between you and any third party.
8. Third Party Links
Glamourmom has no control over any links to third-party Websites that you may find on this Website. These links are provided solely as a convenience to you. They are not an endorsement by Glamourmom of material or services found on those third-party Websites. Any access or use of such third-party sites on your part, including the materials or services on those sites, is conducted at your own risk. Glamourmom makes no representations or warranties with respect to the material or legality of any such third-party Website.
9. Website Content Disclaimer
Any opinions expressed on this website do not necessarily state or reflect the views of Glamourmom LLC or any of its employees. Some content on the website may be contained within articles or other contributions of third parties, and in such case, any opinions, statements or representations contained within such content are those of the third party authors of the articles or contributions to the website and do not necessarily state or reflect the views of Glamourmom LLC or any of its employees. Publication of such third party content on this website should not be considered an endorsement. Glamourmom LLC and its employees do not express or imply any warranty or assume any direct or indirect legal liability or responsibility for the accuracy, completeness, or usefulness of any information on this website. Glamourmom LLC will not be held liable for any direct or indirect loss or damage arising under this disclaimer or in connection with this website. By using this website, you accept this disclaimer in full.
11. Purchasing On-Line at GLAMOURMOM.COM
Glamourmom wishes your purchasing experience to be both pleasant and without complication. Glamourmom describes its products shown on Glamourmom.com as accurately as possible. If you believe that a product described on the Website is not as described when you receive it, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Return Policy, which is described herein in paragraph 12, Glamourmom Return Policy.
It is necessary that Glamourmom review each order before accepting it. We may require additional information regarding your order and we have to reserve the right to complete the order at our discretion. After we receive a properly completed order and we receive authorization of your form of payment, we will place your product(s) in line for shipment. If we determine for any reason that we cannot ship your product within a reasonable time following our receipt of a properly completed order, we reserve the right to cancel your order. If that occurs, we will notify you. In the event that you do purchase one or more items from Glamourmom, your sole remedy in the case of any dispute involving that purchase is limited to the actual purchase price paid for that/those items. Glamourmom LLC reserves the right to choose not to fulfill any order made through the website www.glamourmom.com or www.glamourmom.uk.com for any reason or purpose at its sole discretion.
If we discover an error in processing or otherwise after your credit card has been charged, we may need to cancel your order. If this occurs, your credit card will be refunded the full amount of your order. We will notify you of any such cancellation.
At the time that you place your order, your price will include an estimate for sales tax. We are required to collect sales tax for orders to be delivered within New York. All other customers are solely responsible for all sales/use taxes or fees applicable to orders shipped to all other locations whether within or outside the U.S. In New York, the sales tax we charge will incorporate both state and local taxes and therefore the tax may vary based on geographic location. It will be calculated based on state and local laws, which may include tax on shipping and handling. Gift certificates do not require sales tax, but purchases from Glamourmom made with gift certificates may be subject to tax.
12. Glamourmom Return Policy
If a Return is necessary, you must call 1-888-579-4666 to get a Return Authorization Number (RMA#). Absolutely NO returns will be accepted without an RMA# clearly marked on the outside of your return package. Please click here for our Return and Exchange Policy for more details.
13. Contact Information
If you have any questions or concerns with respect to the Agreement or the Website you may contact a representative of Glamourmom email or by mail at:
PO Box 627
Rye, NY 10580
14. Compliance With Laws
You agree to comply with all applicable federal, state and local laws (including laws specific to your Country outside of the United States) regarding your use of this Website.
15. Glamourmom.com Updates
Glamourmom may make updates or changes to the Agreement from time to time in its sole discretion, and will post any such updates or changes on this Website.
16. Limitations of Liability
You expressly understand that under no circumstance will Glamourmom be liable for indirect, special, incidental, or consequential damages including without limit, any incidental or consequential damages, on any theory of liability, for breach of contract or tort, or otherwise, as a result of your use of Glamourmom.com or purchases from Glamourmom.com, any conduct of a third-party or material made by a third-party, or any other circumstance related to Glamourmom.com. In the event that you do purchase one or more items from Glamourmom, your sole remedy in the case of any dispute involving that purchase is limited to the actual purchase price paid for that/those items.
You agree to indemnify and hold harmless Glamourmom, its directors, officers, employees, agents, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use or misuse of the Glamourmom.com or your breach of this Agreement.
18. Copyright Notices
The content, organization, graphics, design, compilation, including the display of patented original Glamourmom creations and designs, and other matters related to the Website are protected under applicable copyrights, trademarks, patents and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, recreation, use or publication by you of any such matters or any part of the Website, without express written permission from Glamourmom, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Glamourmom Website.
19. Trademark Notices
GLAMOURMOM, GLAMOURMOM THE BUILT IN NURSING BRA, GLAMOURTANK, and the GLAMOURMOM logo and design are registered trademarks of GLAMOURMOM LLC. GLAMOURMOM BASIC, THE BUILT-IN NURSING BRA, GLAMOURMOM.COM, BUILT-IN NURSING BRA TANK, NURSING BRA TANK, NURSING BRA TANK BASIC and the phrases "It's A Bra, It's A Tank, It's An Undershirt" and ďItís a Nursing Bra. Itís a Tank Top. Itís a Camisole.Ē and other marks, are trademarks or service marks used on the Glamourmom Website or in the packaging or advertising of Glamourmom products are the exclusive property of GLAMOURMOM LLC. Any other third party trademarks and/or service marks present on Glamourmom.com are the property of their respective owners. You may not use or display any trademarks or service marks owned by GLAMOURMOM LLC without our prior written consent, as outlined in paragraph 4 herein.
You agree that Glamourmom may, in its sole discretion, and at any time, terminate any particular use of the Website, and may remove or delete any material within the Website, without prior notice to you for any reason that Glamourmom deems appropriate. You further agree that Glamourmom will not be liable to you or to any third party for the consequences of any termination of your use of the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding Glamourmom's Intellectual Property Rights, Copyright Notices, Trademark Notices, Indemnification, Limitations of Liability, Limitations of Actions Against Glamourmom and Applicable Law shall survive any such termination. Upon termination, you must cease use of the Glamourmom.com website and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
21. Severability of Agreement
If any provision of the Agreement is found to be invalid by a court or other binding authority, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
22. Limitations of Actions Brought Against Glamourmom
You agree that any claim or cause of action arising out of your use of the Website or the Agreement, or any items purchased through the Website, must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. In the event that you do purchase one or more items from Glamourmom, your sole remedy in the case of any dispute involving that purchase is limited to the actual purchase price paid for that/those items.
23. Applicable Law
The Agreement and all proceedings related to any dispute related to the Agreement, the Website, or products you purchase through the Website, shall be governed by and construed in accordance with the laws of New York, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Glamourmom and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, County of Westchester and/or the Southern District of New York, and you agree to submit to the personal and exclusive jurisdiction of such courts.