Terms and Conditions

Agibaby Terms and Conditions

The Agibaby Web site located at www.Agibaby.com is a copyrighted work belonging to Agibaby Inc.

(“Agibaby”). Agibaby provides an online store offering something special every day.

By clicking “sign in” and entering or otherwise using our Web site or mobile applications (the

“Web site”), you agree to and accept these terms and conditions. You also agree to and

accept our Notice of Privacy Practices , which describes how we use the information you

provide Agibaby and is incorporated into these terms and conditions by reference. Please

read the terms and conditions and Notice of Privacy Practices carefully as you are agreeing to be bound by them.

TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH AGIBABY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEBSITE, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE, BECOME AN AGIBABY MEMBER, OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEB SITE, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.

1 Accounts

1.1 Account Creation. In order to use certain features of the Web site (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Web site), you must register for an account with Agibaby (“Agibaby Account”) and provide certain information about yourself as prompted by the Web site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Web site does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your Agibaby Account at any time, for any reason, by unchecking the e-mail preference box on the “My Account” section of the Web site. Agibaby may suspend or terminate your Agibaby Account in accordance with Section 11.

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Agibaby Account login information. You are fully responsible for all activities that are associated with your Agibaby Account (including but not limited to any purchases, use of the Web site, or correspondence from your account to Agibaby). You agree to immediately notify Agibaby of any unauthorized use or suspected unauthorized use of your Agibaby Account or any other breach of security. When you provide Agibaby with such notice, Agibaby will suspend or otherwise secure your Account to prevent future unauthorized activity.

2 Terms of Sale

2.1 Products and Pricing. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. Agibaby reserves the right, at any time, to modify, suspend, or discontinue any Web site feature or the sale of any Product with or without notice. You agree that Agibaby will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Web site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.

 Unless otherwise noted, the strike-through price displayed for products on our Web site is based on the suggested retail price for the product provided to Agibaby by the manufacturer or vendor. Certain products on our site are similar - but not identical - to products sold through other retailers. In this case, the strike-through price represents the estimated regular retail value of a comparable item of similar quality offered elsewhere. Because we sell our products over the internet nationwide, the strike-through price may or may not represent the prevailing price at any particular time or in every State or local community, and we make no promises about the reliability or accuracy of any such information. For items that we offer as a set, the strike-through price is based on the total of all the suggested retail prices for each item in the set. For clothing items that are priced higher for larger sizes, we average the prices across sizes to determine the strike-through price. For international sales, the strike-through price represents the retail price suggested to Agibaby by the manufacturer or vendor, based on what such items would be sold for in the US market, plus exchange rate conversion and, if applicable, an adjustment for additional international surcharges that cover items such as taxes, duties, and shipping & handling. Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.

2.2 Payment Terms. For each Product you order on the Web site, you agree to pay the price

 

applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees

 

for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below).

 

Agibaby will automatically bill your credit card or PayPal account submitted as part of the order

 

process for such amounts, and you hereby authorize us to do so. You will be solely responsible for

 

payment of all taxes (other than taxes directly imposed on Agibaby’s business activity in a state,

 

such as income taxes), fees, duties, and other governmental charges, and any related penalties and

 

interest, arising from the Product purchase (“Taxes”) not withheld by Agibaby. All payments are non-

 

refundable (except as expressly set forth in Section 2.1 and 2.3). Without limiting other remedies, we

 

reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a

 

half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree

 

to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due

 

amounts.

 

2.3 Orders. Your receipt of an order confirmation from us does not signify our acceptance of your

 

order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after

 

receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason.

 

We may require additional verifications or information before accepting any order. Your order is not

 

accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you

 

agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a)

 

issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion

 

(if your credit card has already been charged for the order) or (b) not charge your credit card or

 

PayPal account for the cancelled portion of the order.

 

2.4 PayPal Purchases. Orders placed using a PayPal account as payment method will be

 

processed upon submission, and funds may be transferred from your PayPal account immediately.

 

This does not signify our acceptance of your order, nor does it constitute confirmation of our offer to

 

sell. We reserve the right to decline or cancel your order as defined in Sections 2.1 and 2.3. This

 

Section does not alter or amend any other Sections of this Agreement.

 

2.5 Shipping Policy Any delivery dates provided by Agibaby are estimates. Agibaby reserves the

 

right to make deliveries in installments. Agibaby will send you an email when your order has shipped

 

and you may review your order and shipping & handling information on your Agibaby My Account

 

page. We ship within the US (including Alaska, Hawaii and APO/FPO/DPO addresses), and to

 

Canada, Australia, the European Union and many other countries throughout the world.

 

2.6 Return Policy

 

(a) Return Policy. Agibaby will only accept returns on products that are identified on the Product

 

information page as eligible for return or as provided in Section 2.6(c). Once Agibaby confirms that

 

your Product was returned in accordance with Section 2.6, your sole and exclusive remedy is a store

 

credit in the amount charged for the applicable Product; provided that the credited amount will not

 

include the applicable Delivery Fee, which is nonrefundable. Store credits may only be used for

 

future purchase of Products on the Web site (excluding gift cards) and are subject to the restrictions

 

set forth in Section 14.

 

(b) Exchanges. We do not accept any Product exchanges.

 

(c) Damaged Products. If the Product arrives damaged (“Damaged Product”), Agibaby will accept

 

returns for a full refund only in accordance with the Return Procedures below. Once Agibaby

 

confirms that you received a Damaged Product that was returned in accordance with the Return

 

Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit

 

card or PayPal account in the amount charged for the Damaged Product (if your credit card or

 

PayPal account has already been charged for the Product) or (b) we will not charge your credit card

 

or PayPal account for the Damaged Product. The refunded amount will include the applicable

 

Delivery Fee.

 

(d) Return Procedures All returns must be made within 14 days after the Product shipment date. All

 

returned Products must be unused (e.g., not worn, washed, damaged, or altered) and returned in

 

accordance with the instructions received from contacting customer service

 

at service@Agibaby.com. You are solely responsible for the cost of shipping & handling the returned

 

Product. Unauthorized returns will not be refunded or credited to your account, and we may handle

 

or dispose of those products as we see fit in our sole discretion.

 

3 Web site

 

3.1 License. Subject to the terms of this Agreement, Agibaby grants you a limited, non-transferable,

 

non-exclusive, license to access and make personal use of the shopping services and features

 

provided on the Web site. This license does not include any resale or commercial use of the Web

 

site features or content, or the right to access or use the Web site for any of the restricted purposes

 

set forth in Section 3.2. Agibaby may terminate this license at any time for any reason.

 

3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following

 

restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign,

 

distribute, host, or otherwise commercially exploit the Web site or its content without the express

 

written consent of Agibaby; (b) you shall not modify, make derivative works of, disassemble, reverse

 

compile or reverse engineer any part of the Web site; (c) you shall not access the Web site in order

 

to build a similar or competitive service, or to download, copy or collect content or account

 

information for the benefit of another merchant; (d) except as expressly stated herein, no part of the

 

Web site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or

 

transmitted in any form or by any means without Agibaby’s express written consent; and (e) you

 

shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary

 

information or content (including images and text descriptions) of the Web site without Agibaby’s

 

express written consent. Any future release, update, or other addition to functionality of the Web site

 

shall be subject to the terms of this Agreement.

 

3.3 Modification. Agibaby reserves the right, at any time, to modify, suspend, or discontinue the

 

Web site or any part thereof with or without notice. You agree that Agibaby will not be liable to you or

 

to any third party for any modification, suspension, or discontinuance of the Web site or any part

 

thereof.

 

3.4 Ownership. You acknowledge that all intellectual property rights in the Web site, including our

 

rights to copyrighted material, patents, trademarks, service marks, and trade secrets (“Intellectual

 

Property”) (excluding any User Content) are owned by Agibaby and its licensors, and neither the

 

limited license granted in Section 3.1, nor our provision of the Web site under this Agreement shall

 

transfer to you or any third party any rights, title or interest in or to such Intellectual Property.

 

Agibaby reserves all rights not granted in this Agreement.

 

4 User Content

 

4.1 User Content. “User Content” of a Web site user means any and all information and content that

 

such user submits to Agibaby by any means, including through social media (e.g., Facebook,

 

Twitter), or uses with the Web site (e.g., a user profile or a feedback submission). You are solely

 

responsible for your User Content. You assume all risks associated with use of your User Content,

 

including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of

 

your User Content that makes you or any third party personally identifiable. You hereby affirm,

 

represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to

 

use your User Content with the Web site as described herein and (ii) your User Content does not

 

violate the Acceptable Use Policy (defined below). You may not state or imply that your User

 

Content is in any way provided, sponsored or endorsed by Agibaby. Because you alone are

 

responsible for your User Content (and not Agibaby), you may expose yourself to liability if, for

 

example, your User Content violates the Acceptable Use Policy. Agibaby is not obligated to backup

 

any User Content, makes no representation that it will do so, and you agree that Agibaby may delete

 

User Content at any time.

 

4.2 License. By submitting your User Content or using it with the Web site , you automatically grant,

 

and you represent and warrant that you have the right to grant, to Agibaby an irrevocable,

 

nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display

 

and perform, prepare derivative works of, incorporate into other works, and otherwise use your User

 

Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User

 

Content in the Web site, Agibaby social media platforms or marketing initiatives. You agree to

 

irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or

 

attribution with respect to your User Content.

 

4.3 Feedback. Agibaby will treat any feedback, communications, or suggestions you provide to

 

Agibaby as non-confidential and non-proprietary. Thus, in the absence of a written agreement with

 

Agibaby to the contrary, you agree that you will not submit to Agibaby any information or ideas that

 

you consider to be confidential or proprietary.

 

5 Acceptable Use Policy

 

The following sets forth Agibaby’s “Acceptable Use Policy”:

 

5.1 You agree not to use the Web site to collect, upload, transmit, display, or distribute any User

 

Content (a) that violates any third-party right, including any copyright, trademark, patent, trade

 

secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary

 

right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of

 

another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic,

 

obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of

 

any kind against any group or individual) or otherwise objectionable material of any kind or nature or

 

which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or

 

restrictions imposed by any third party.

 

5.2 In addition, you agree not to commercially exploit the Web site or use it to: (a) upload, transmit,

 

or distribute any computer viruses, worms, or any software intended to damage or alter a computer

 

system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail,

 

spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages,

 

whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data

 

regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt

 

servers or networks connected to the Web site or violate the regulations, policies or procedures of

 

such networks; (e) attempt to gain unauthorized access to the Web site, other computer systems or

 

networks connected to or used together with the Web site, through password mining or other means;

 

or (f) harass or interfere with another user’s use and enjoyment of the Web site.

 

5.3 We reserve the right (but have no obligation under this Agreement) to review any User Content,

 

investigate, and/or take appropriate action against you, in our sole discretion, if you violate the

 

Acceptable Use Policy or any other provision of this Agreement, including removing or modifying

 

your User Content, terminating your Agibaby Account in accordance with Section 11, and/or

 

reporting you to law enforcement authorities. We may also remove or modify your User Content if it,

 

in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or

 

creates liability for us or any other person. In order to cooperate with legitimate governmental

 

requests, subpoenas or court orders, or to protect our business and members, we may access and

 

disclose any information we consider necessary or appropriate, including your Agibaby Account

 

username and password, IP address and traffic information, usage history, and your User Content.

 

6 Third Party Sites and Other Users

 

6.1 Third Party Sites. The Web site may contain links to, or advertisements for, third party web sites

 

(collectively, “Third Party Sites”) (for example, social media sites such as Facebook, Twitter, or

 

Pinterest). Such Third Party Sites are not under the control of Agibaby and Agibaby is not

 

responsible for any Third Party Sites. Agibaby provides links to these Third Party Sites only as a

 

convenience and does not review, approve, monitor, endorse, warrant, or make any representations

 

with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When

 

you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy

 

and data gathering practices govern. You should make whatever investigation you feel necessary or

 

appropriate before proceeding with any transaction with any Third Party Site.

 

6.2 Other Users. Each Web site user is solely responsible for any and all of its User Content.

 

Because we do not control User Content, you acknowledge and agree that we are not responsible

 

for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or

 

quality of any User Content, and we assume no responsibility for any User Content. Your

 

interactions with other Web site users are solely between you and such user. You agree that

 

Agibaby will not be responsible for any loss or damage incurred as the result of any such

 

interactions. If there is a dispute between you and any Web site user, we are under no obligation to

 

become involved.

 

6.3 Release. You hereby release us, our officers, employees, agents, affiliates, subsidiaries,

 

parents, joint ventures, successors and any other companies under common control with us from

 

claims, demands any and all losses, damages, rights, claims, and actions of any kind including

 

personal injuries, death, and property damage, that are either directly or indirectly related to or arise

 

out of any interactions with or conduct of other Web site users or Third Party Sites. IF YOU ARE A

 

CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN

 

CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT

 

EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN

 

HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST

 

HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

7 Disclaimers

 

THE WEB SITE AND PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE

 

EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER

 

EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF

 

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT,

 

ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE

 

EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO

 

YOU. IF APPLICABLE LAW REQUIRES IMPLIED WARRANTIES WITH RESPECT TO THE

 

PRODUCTS, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90)

 

DAYS FROM THE DATE OF PURCHASE.

 

AGIBABY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY

 

FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE

 

AND AGIBABY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION

 

BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IF A

 

SUPPLIER PROVIDES AN EXPRESS WARRANTY, THAT WARRANTY IS BETWEEN YOU AND

 

THE SUPPLIER AND NOT AGIBABY. NOTWITHSTANDING THE FOREGOING, IF A SUPPLIER

 

OF A PRODUCT PROVIDES A WARRANTY FOR THE PRODUCT AND ALLOWS US TO PASS IT

 

THROUGH TO YOU, WE WILL PASS IT THROUGH TO YOU.

 

8 Limitation on Liability

 

IN NO EVENT SHALL AGIBABY, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES,

 

SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES

 

UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY

 

LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR

 

PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD

 

PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT

 

YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY

 

DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY

 

TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY

 

CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL

 

TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS

 

YOU’VE PAID AGIBABY IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN

 

US MUST BE BROUGHT WITHIN TWO (2) YEARS.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR

 

INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION

 

MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY

 

FROM JURISDICTION TO JURISDICTION.

 

9 Indemnity

 

You agree to indemnify and hold Agibaby, our officers, employees, agents, affiliates, subsidiaries,

 

parents, joint ventures, successors and any other companies under common control with us

 

harmless, including costs and attorneys’ fees, from any claim or demand made by any third party

 

due to or arising out of (i) your use of the Web site or Products, (ii) your User Content, or (iii) your

 

violation of this Agreement. Agibaby reserves the right, at your expense, to assume the exclusive

 

defense and control of any matter for which you are required to indemnify us and you agree to

 

cooperate with our defense of these claims. You agree not to settle any matter without the prior

 

written consent of Agibaby. Agibaby will use reasonable efforts to notify you of any such claim,

 

action or proceeding upon becoming aware of it.

 

10 Arbitration

 

You agree that any dispute or claim relating in any way to your Agibaby purchase, use of any

 

Product, or use of the Web site will be resolved by binding arbitration rather than in court, except that

 

you may assert claims in small claims court if your claims qualify. You agree that the Federal

 

Arbitration Act and federal arbitration law apply to this agreement.

 

For all disputes whether pursued in small claims court or arbitration, you must first give us an

 

opportunity to resolve your claim by sending a written description of your claim to Agibaby Inc., attn.:

 

Legal, 848 Irolo St., #405, Los Angeles, CA 90005. We each agree to negotiate your claim in good

 

faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you

 

may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we

 

may assign your account for collection, and the collection agency may pursue, in small claims court,

 

claims limited strictly to the collection of the past due amounts and any interest or cost of collection

 

permitted by law or the Agreement.

 

Either you or we may start arbitration proceedings. You must send a letter requesting arbitration

 

and describing your claim to our registered agent, Corporation Service Company, to begin

 

arbitration. Please find below the Washington address for CSC (the CSC office in your jurisdiction

 

may be located through the Secretary of State's website):

 

Agibaby, llc

 

Corporation Service Company

 

300 Deschutes Way SW, Suite 304

 

Tumwater, WA 98501

 

Attn: Legal Department

 

The dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us. If we cannot

 

agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was

 

received by Corporation Service Company, the dispute will be arbitrated by JAMS arbitration

 

services. The arbitrator will use the applicable JAMS arbitration rules unless we agree to use a

 

different set of rules. The JAMS rules are available at www.jamsadr.com or by calling 1-800- 352-

 

JAMS. Upon filing of the arbitration request, we will pay all filing, administration, and arbitrator fees

 

for the arbitration proceeding. An arbitrator may award on an individual basis any relief that would be

 

available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for

 

claims under $75,000 as to which you provided notice and negotiated in good faith as required

 

above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the

 

arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs regardless of

 

whether they would have been available in a court.

 

CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN

 

ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT

 

IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED

 

OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and

 

us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.

 

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH

 

WAIVE ANY RIGHT TO A JURY TRIAL.

 

11 Term and Termination

 

Subject to this Section, this Agreement will remain in full force and effect while you use the Web site.

 

We may (a) suspend your rights to use the Web site (as well as your Agibaby Account) or (b)

 

terminate this Agreement, at any time for any reason at our sole discretion, including for any use of

 

the Web site in violation of this Agreement or if we believe you are younger than 18. Upon

 

termination of this Agreement, your Agibaby Account and right to access and use the Web site will

 

terminate immediately. You understand that any termination of your Agibaby Account may involve

 

deletion of any User Content you may have posted. Agibaby will not have any liability whatsoever to

 

you for any termination of this Agreement, including for termination of your Agibaby Account or

 

deletion of your User Content. Even after this Agreement is terminated, the following provisions of

 

this Agreement will remain in effect: Sections 2.6, 3.2-3.4, 4, 5 and 7-13.

 

12 Intellectual Property

 

Agibaby respects the intellectual property of others and asks that users of our Web site do the same.

 

Except as authorized in Section 3.1 of this Agreement, you are not permitted access or use of any of

 

Agibaby’s Intellectual Property without our prior written consent or the consent of such third party

 

that may own intellectual property with respect to Products displayed on the web site. In connection

 

with our Web site, Products, and any services we offer, we have adopted and reasonably

 

implemented a policy respecting copyright law that provides for the removal of any infringing

 

materials and for the termination, in appropriate circumstances, of users of our Web site who are

 

repeat infringers of intellectual property rights, including copyrights. If you believe that your work has

 

been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing

 

material removed from our Web site, the following information in the form of a written notification

 

(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

 

  1. your physical or electronic signature;

 

  1. identification of the copyrighted work(s) that you claim to have been infringed;

 

  1. identification of the material on our services that you claim is infringing and that you request us to

 

remove;

 

  1. sufficient information to permit us to locate such material;

 

  1. your address, telephone number, and e-mail address;

 

  1. a statement that you have a good faith belief that use of the objectionable material is not

 

authorized by the copyright owner, its agent, or under the law; and

 

  1. a statement that the information in the notification is accurate, and under penalty of perjury, that

 

you are either the owner of the copyright that has allegedly been infringed or that you are authorized

 

to act on behalf of the copyright owner.

 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a

 

written notification automatically subjects the complaining party to liability for any damages, costs

 

and attorneys’ fees incurred by us in connection with the written notification and allegation of

 

copyright infringement.

 

The designated Copyright Agent for Agibaby is:

 

Agibaby, llc

 

Attn: Copyright/Legal

 

848 Irolo St., #405

 

Los Angeles, CA 90005

 

Telephone: (213) ___-_____

 

E-mail: copyright@Agibaby.com

 

13 General

 

13.1 Changes to Terms of Service. This Agreement is subject to occasional revision, and if we

 

make any material changes we will post notice of the changes on our Web site. These changes will

 

be effective immediately. Continued use of our Web site following notice of such changes shall

 

indicate your acknowledgement of such changes and agreement to be bound by the any revision of

 

these terms and conditions.

 

13.2 Governing Law. This Agreement shall be governed by the Federal Arbitration Act, applicable

 

federal law, and the laws of the state in which you reside, without regard to the conflicts of laws rules

 

of that state or any other state.

 

13.3 Entire Agreement. This Agreement constitutes the entire agreement between you and us

 

regarding the use of the Web site and the purchase of any Products on our Web site. Our failure to

 

exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such

 

right or provision. The section titles in this Agreement are for convenience only and have no legal or

 

contractual effect. The word “including” means including without limitation. If any provision of this

 

Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this

 

Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so

 

that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your

 

rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise

 

transferred by you without Agibaby’s prior written consent, and any attempted assignment,

 

subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of

 

this Agreement shall be binding upon assignees.

 

14 Offers, Promotions, and Customer Credits

 

Agibaby may from time to time and in its sole discretion make available special offers and

 

promotions to its members, including offers and promotions that provide an opportunity for members

 

to receive store credits, coupons, prizes, or benefits, (for example, referral credits issued to

 

customers for referring others to Agibaby). Any such offers and promotions will expire on the dates

 

specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that

 

apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and

 

benefits may not be combined with any other offers or promotions. We reserve the right at any time

 

with our discretion, and without prior notice, to discontinue any offer or promotion or to add or

 

change offer and promotion terms or conditions, including changing expiration periods or credit

 

values for existing or future credits. Referral credits cannot accrue until or unless the referred

 

customer completes a purchase on the Web site and all other conditions of the relevant promotion

 

have been met.

 

Credits are only for use on Products available for purchase on the Web Site and may not be used for

 

the purchase of gift cards or services. Credits are promotional in nature without any exchange of

 

money or value from you. Credits are not transferable to other accounts and as such, credits do not

 

constitute property and you do not have a vested property right or interest in the credits.

 

Agibaby reserves the right to suspend or terminate the account of any user it believes is engaged in

 

fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without

 

limitation, using multiple user accounts or email addresses to meet promotion or offer requirements,

 

using false names, impersonating others, or engaging in any other fraudulent or misleading conduct

 

. You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or

 

inappropriate conduct. Agibaby reserves the right to void any such credits, coupons, prizes or

 

benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates

 

this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by

 

Agibaby. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or

 

promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If

 

Agibaby terminates your account, for any reason, any credit balances in your account will be

 

cancelled, except as prohibited by law. Account balances are determined by Agibaby and such

 

determination is final.

 

Revised April 26, 2016

 

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