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Terms and Conditions

GreenPea Baby & Child (Shower Me With Love, LLC) Website usage terms and conditions.

Welcome to GreenPea Baby & Child. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern GreenPea Baby & Child’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. Greenpeababystore.com is owned and operated by Shower Me with Love, LLC dba GreenPea Baby & Child.

The use of the greenpeababystore.com.com website (the Website) and the sale of products and use of the services and information offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies, and terms and conditions of sale and/or use appearing on this Website (collectively, the Terms of Use). Your use of this Website in any manner, whether browsing, offering your product reviews, thoughts or ideas, creating a registry or account with us, or making a purchase, constitutes your acknowledgement that you have read the Terms of Use and that you agree to follow and be bound by them. You also acknowledge and agree that any disputes that may arise under these Terms of Use will be governed by the laws of the State of North Carolina, without giving effect to any conflict of laws principles.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE WEBSITE. BY VIEWING OR USING ALL OR ANY PART OF THE WEBSITE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

 

The term GreenPea Baby & Child or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

1. Privacy
Use of the data that you provide us, or which is collected by use on our websites, is governed by our Privacy Policy. By using our site(s) you consent to such processing.

2. Acceptance Of This Agreement
Your access to and use of this website ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.


3.  Accounts and passwords

If you have registered or subscribed to a GreenPea Baby & Child website, any user identification code or password must be kept confidential and used only by you (unless agreed in writing with Shower Me With Love, LLC). We have the right to disable any user identification code or password whether chosen by you or allocated by us at any time if in our option you have failed to comply with any of the provisions of these terms of use.

4. Advice
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.  Information provided by our guest bloggers may not be representative of GreenPea Baby & Child’s thoughts, ideas or suggestions.  Any information provided by a guest blogger or product reviewer should not be relied upon in making any decision.  You should always consult a doctor before making any decisions regarding your pregnancy or baby’s health.

5. Changes to Website, Software, and Services
Greenpeababystore.com reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.


GreenPea Baby & Child reserves the right to;

1. change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that GreenPea Baby & Child shall not be liable to you for any such change or removal.

2. change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that GreenPea Baby & Child shall not be liable for any such change or removal.

3. change or discontinue any promotional discount vouchers or coupon codes at anytime with notice and you confirm that GreenPea Baby & Child shall not be liable for any such change or removal.

4. change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

6.  Links to Third Party Website's
The Website may include links to third party website's that are controlled and maintained by others. Any link to other website's is not an endorsement of such website's and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

7.  Information & Subscriptions
At your election, you may request additional information about greenpeababystore.com or subscribe to various information services concerning greenpeababystore.com's products, services and business. When you do so, the registration process requires you to provide your name, email address and certain additional information about your preferences, such as, for example, your preferred contact method and product markets of interest to you. You may initiate your subscription within your greenpeababystore.com account.

 
8. Debit Card Holds
When using a debit card, please be aware that your financial institution may place a hold on your account for an amount that may equal or exceed the purchase amount. Greenpeababystore.com is not responsible for placing or removing debit holds. Please contact your financial institution if you would like more information.

 
9. Rules & Conduct
The Website (including without limitation, any content, documents or other information made available via the Website) is provided only for your personal, non-commercial use. Any unauthorized use of the Website is expressly prohibited.

As a condition of use, you promise not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by greenpeababystore.com. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Website, that:

· is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, profane or which otherwise violates the Terms of Use;

· infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;

· constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

· imposes an unreasonable or disproportionately large load on greenpeababystore.com's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or otherwise;

· contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of greenpeababystore.com or any third party; or

· harvests or collects any information from the Website; or

· impersonates any person or entity, including any employee or representative of greenpeababystore.com.

Greenpeababystore.com may, at its sole discretion, immediately terminate your access to the Website should your conduct fail to conform strictly with any provision of this section.

 

10.  Copyright
The Intellectual Property Rights in this website and the materials on or accessible via it belong to 'GreenPea Baby & Child' or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).

'GreenPea Baby', ‘Baby Simplified’and the GreenPea Baby & Child Logo are trademarks which belong to 'Shower Me With Love, LLC' and they may not be used, copied or reproduced in any way without written consent from 'Shower Me With Love, LLC'.

For these purposes "Intellectual Property Rights" includes the following (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

11.  Content

Greenpeababystore.com has no obligation to monitor the Website or any use thereof. However, greenpeababystore.com reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.

 

12.  Proprietary Rights
You agree that all content and materials made available by greenpeababystore.com at the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by greenpeababystore.com in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, database or directory without written permission from greenpeababystore.com is prohibited.

Reproducing, copying or distributing any content, materials or design elements on the Website for any other purpose is strictly prohibited without the express prior written permission of greenpeababystore.com. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved

 13.  Limitation Of Liability
The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, GreenPea Baby & Child will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

GreenPea Baby & Child makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

14.  User Comments
We welcome your comments about our Website, but please note that by uploading, submitting or otherwise disclosing or distributing content of any kind including but not limited to, comments, feedback, reviews, photographs, original art, notes, messages, ideas, suggestions, or other communications (collectively Comments) at or otherwise through the Website, you:

·grant to greenpeababystore.com, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Comments in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein without restriction and without compensating you in any way;

·represent and warrant to greenpeababystore.com that you own or otherwise control all rights to such Comments and that disclosure and use of such Comments by greenpeababystore.com (including without limitation, publishing content at the Website) will not infringe or violate the rights of any third party; and

·acknowledge that the Comments may not be treated confidentially.

FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO GREENPEABABYSTORE.COM, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS.


15.  Indemnity
You agree to indemnify and hold GreenPea Baby & Child and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against GreenPea Baby & Child arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

16.  Severability
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

17.  Applicable Law and Dispute
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the United States and North Carolina whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be North Carolina.

18. GREENPEA BABY & CHILD SALES AND USE TAX POLICY STATEMENT

We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases.
IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state's department of revenue website.

GREENPEA BABY & CHILD COLLECTS SALES TAX in states where we have physical presence (or nexus), including North Carolina.

GREENPEA BABY & CHILD DOES NOT COLLECT SALES TAX in any state NOT listed above because GreenPea Baby & Child is not required to collect sales or use tax in these states.

FOR OUR TAX-EXEMPT CUSTOMERS:
GREENPEA BABY & CHILD DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.



19.  Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

GreenPea Baby & Child reserves the right to add, delete, or modify any provision this Agreement at any time without notice.  GreenPea Baby & Child is a legal dba under Shower Me With Love, LLC.

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