Welcome to Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com and BeautyBar.com (the "Websites"). These
Websites are owned and operated by Quidsi, Inc., its affiliates, agents and licensors
(collectively, "we", "us", "our" or "Quidsi"). You understand that your use of these
Websites constitutes your consent to, and agreement to, abide by the most current
version of these terms and conditions (the "Terms"). We may at any time revise these
terms and conditions by updating the Terms. You agree to be bound by subsequent
revisions and agree to review the Terms periodically for changes to the terms and
conditions. The most up to date version of the Terms will always be available for
your review under the "Terms of Use" link that appears at the bottom of the Websites.
We may also offer other services from time to time that are governed by different
and/or additional terms and conditions.
For instance, when you become a member of Diapers.com, Soap.com,
Wag.com, YoYo.com, Casa.com or BeautyBar.com, your customer relationship is also
governed by the
Account Agreement with Quidsi, amended from time to time, and always accessible
on the Websites.
- PRIVACY
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Our Privacy
Policy Statement also governs your visit to Diapers.com, Soap.com, Wag.com,YoYo.com, Casa.com
and BeautyBar.com.
- GRANT OF LICENSE
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Quidsi grants you a single, non-exclusive, limited personal license to access and
use the Websites conditioned on your continued compliance with the terms and conditions
in these Terms. You may not transfer or share your right to access or use of the
Websites.
- ACCESSING THE WEBSITE
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With the exception of applications commonly known as Web Browser software, or other
applications formally approved by Quidsi in writing, you agree not to use any software,
program, application or any other device to access or log on to Quidsi's computer
systems, Websites or proprietary software or to automate the process of obtaining,
downloading, transferring or transmitting any content, information or quotes to
or from Quidsi's computer systems, Websites or proprietary software. Quidsi is not
responsible for, and makes no warranties regarding, the access, speed or availability
of the Internet in general or the Websites in particular.
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You agree that you will not: (a) use any robot, spider, other automatic device or
manual process to monitor or copy our web pages or the content contained herein
without our prior written permission; (b) use any device, software or routine to
interfere or attempt to interfere with the proper working of the Websites or any
transaction being conducted on either; (c) take any action that imposes an unreasonable
or disproportionately large load on our infrastructure; or (d) reverse engineer,
reverse assemble or otherwise attempt to discover any source code.
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Much of the information on the Websites is updated on a real time basis and is proprietary
or may be licensed to us by others. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any content from the
Websites without our prior written permission, or that of the appropriate third
party. You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout, or
form) of Quidsi and our affiliates without express written consent. You may not
use Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com, BeautyBar.com or Quidsi's name, trademarks,
service marks, logos, designs, slogans or any other words or codes identifying Quidsi,
Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com or BeautyBar.com in any meta tags, "hidden text",
information used by search engines or other information tools to identify and select
sites without the express written consent of Quidsi.
- INFORMATION AND PRODUCT DESCRIPTIONS
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The Websites may make available certain data, news, research, statistics, stories,
photographs and opinions or other information (collectively "Information") that
it has prepared itself or that has been independently obtained by other services
and individuals, including news wires, statistics providers, journalists, authors
and other providers (collectively the "Information Providers"). We do not guarantee
or certify the accuracy, completeness, timeliness or correct sequencing of the Information
made available through Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com and BeautyBar.com, the Information
Providers or any other third party transmitting the Information (the "Information
Transmitters"). You agree that neither Quidsi, the Information Providers nor the
Information Transmitters shall be liable in any way for the accuracy, completeness,
timeliness or correct sequencing of the Information, or for any decision made or
action taken by you relying upon the Information. You further agree that neither
Quidsi, the Information Providers nor the Information Transmitters will be liable
in any way for the interruption of any data, Information or other aspect of the
Websites. You understand that none of the Information available through the Websites
constitutes a recommendation or solicitation to take or not take any particular
action.
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Further, Quidsi does not warrant that product descriptions on the Websites are accurate,
complete, reliable, current, or error-free. If a product offered by Quidsi itself
is not as described, your sole remedy is to return it promptly in unused condition.
- COMMUNICATIONS
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The Websites may permit you to post reviews, comments, and other content; and submit
suggestions, ideas, comments, questions, or other information, so long as the content
is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing
of intellectual property rights, or otherwise injurious to third parties or objectionable
and does not consist of or contain software viruses, political campaigning, chain
letters, mass mailings, or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of your
content. Quidsi reserves the right (but not the obligation) to remove or edit such
content, but does not regularly review posted content. If you do post content or
submit material, and unless we indicate otherwise, such content and/or material
will be considered non-confidential and non-proprietary and you grant Quidsi and
its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such materials and/or content throughout the world
in any media. You grant Quidsi and its affiliates and sublicensees the right to
use the name that you submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content you
supply does not violate this policy and will not cause injury to any person or entity;
and that you will indemnify Quidsi or its affiliates for all claims resulting from
content you supply. Quidsi has the right but not the obligation to monitor and edit
or remove any activity or content. Quidsi takes no responsibility and assumes no
liability for any content posted by you or any third party.
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Without limiting any of the foregoing, Quidsi is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to Quidsi for any
purpose whatsoever, including, but not limited to, developing and marketing products
using such information.
- OTHER BUSINESSES AND LINKS
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Parties other than Quidsi and its subsidiaries may operate stores, provide services,
or sell product lines on this site. In addition, Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com
and BeautyBar.com may provide a link to other services or sites as part of the Websites.
Such sites are not under the control of Quidsi, and Quidsi makes no representations
or warranties whatsoever of the offerings of, any of these Websites, businesses
or individuals or the content of their Websites. Unless we expressly state otherwise,
the fact that Quidsi has provided a link to a site is not an endorsement of the
service or site, its content, or its sponsoring organizations. We do not assume
any responsibility or liability for the actions, product, and content of all these
and any other third parties. You should carefully review their privacy statements
and other conditions of use.
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You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com or BeautyBar.com so long as the
link does not portray Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com, BeautyBar.com, their affiliates,
or their products or services in a false, misleading, derogatory, or otherwise offensive
manner. You may not use the Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com, BeautyBar.com or Quidsi
logo or other proprietary graphic or trademark as part of the link without express
written permission. You may further not present the link to Diapers.com, Soap.com,
Wag.com, YoYo.com, Casa.com or BeautyBar.com in any way that suggests Quidsi has any relationship or
affiliation with your site or endorses, sponsors or recommends the information,
products or services on your site.
- DISCLAIMERS OF WARRANTIES AND LIMITATIONS
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THESE WEBSITES ARE PROVIDED BY QUIDSI ON AN "AS IS" AND "AS AVAILABLE" BASIS. QUIDSI
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THESE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THESE WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE WEBSITES
IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QUIDSI DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUIDSI DOES NOT WARRANT
THAT THESE WEBSITES, ITS SERVERS, OR E-MAIL SENT FROM THESE WEBSITES OR QUIDSI ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUIDSI WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THESE WEBSITES, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
- INDEMNIFICATION
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You agree to indemnify and hold Quidsi and its affiliates, officers, directors,
members, shareholders, agents, employees, and licensors harmless from any claim
or demand, including attorneys' fees, made by any third party arising out of your
violation of these Terms.
- COPYRIGHTS
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The Websites, their content and compilation of content, and all software used on
the Websites is owned by Quidsi or its affiliates or agents and is protected by
United States Copyright Act of 1976, as amended, and the copyright laws of other
countries. All content, logos, designs and icons are proprietary to Quidsi or its
affiliates or agents. The materials provided in this service, including graphic
images, buttons, and text, may not be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, without the prior written permission,
except that you may download, display, or print one copy of the materials on a single
computer solely for your personal, non-commercial, home use, provided that you keep
intact all copyright, trademark, and other proprietary notices. Modification of
the materials or use of the materials for any other purpose is a violation of Quidsi's,
its affiliates' or its third party information providers' copyrights and other proprietary
rights.
- TRADEMARKS
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"1800Diapers.com", "1800Diapers", "Quidsi", "Diapers.com", "Soap.com", "Wag.com", "YoYo.com",
"Casa.com" and "BeautyBar.com" and other marks (including graphics, logos, page headers, button
icons, scripts, and service names) indicated on our Websites are trademarks or trade
dress of Quidsi. in the United States and other countries. Quidsi's trademarks and
trade dress may not be used in connection with any product or service that is not
Quidsi's, in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits Quidsi or the Websites. All other trademarks
not owned by Quidsi that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by Quidsi.
- MODIFICATIONS TO THE WEBSITE
-
Quidsi reserves the right to modify or discontinue, temporarily or permanently,
all or any portion of the Websites with or without notice. You agree that Quidsi
will not be liable to you or to any third party for any such modification, suspension
or discontinuance.
- TERMINATION
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The license granted under these Terms will terminate if you fail to comply with
any term or condition. Upon such violation, you agree to terminate access to the
Websites. You further agree that Quidsi, in its sole discretion and with or without
notice, may terminate your access to any or all of the Websites, and remove and
discard any information or content within the Websites. You also agree that Quidsi
will not be liable to you or any third-party for any termination of your access
to the Websites.
- GOVERNING LAW/SEVERABILITY
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These Terms shall be subject to and construed in accordance with the laws of the
State of New Jersey, excluding its conflict of law principles. If any part of these
Terms is unlawful, void or unenforceable, that part will be deemed severable and
will not affect the validity and enforceability of any remaining provisions.
- AGREEMENT TO ARBITRATE CONTROVERSIES
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Any dispute relating in any way to your visit to the Websites or to products you
purchase through the Websites or by phone shall be submitted to confidential arbitration
in New Jersey, except that, to the extent you have in any manner violated or threatened
to violate Quidsi's intellectual property rights, Quidsi may seek injunctive or
other appropriate relief in any state or federal court in the state of New Jersey,
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
