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Terms and Conditions

General
Thank you for visiting FlutterBabies, LLC. We want your experience as our guest to be the best it can be so please review our Terms and Conditions of Use. By accessing our online store you expressly agree and consent to all the following terms and conditions.

Registration and Your Account
Upon registration you are responsible for your password and account access and you agree to accept all responsibility for actions that occur under your account and password. Impersonations of any kind, such as false e-mail addresses or misrepresentation of identity or authorship, will also constitute a breach of these Terms and Conditions of Use.

Minimum Age Requirement
All products sold through our stores and catalogs are for purchase by adults. While we sell children’s products, persons less than 18 years of age may make purchases from our stores and catalogs only with the involvement of a parent or guardian.

Website Admission and License
A limited license granted by FlutterBabies, LLC. allows for restricted access to our stores for personal use, which means, without express written consent from FlutterBabies, LLC, modifications and/or downloading (except for page caching) of content from our stores is forbidden. Not included in this restricted license is the collection and use of any product descriptions, prices, or listings; any derivative use of our stores, catalogs or other content; any commercial use or resale of our stores, catalogs or other content; any use of data mining, robots, or similar culling and information collection devices. No portion of our stores, catalogs or other content may be copied, duplicated, reproduced, visited, sold or resold, or otherwise exploited for any commercial purpose without express written consent of FlutterBabies, LLC. Restricted, nonexclusive, and rescindable rights to create a hyperlink to the homepage of any of our stores is permissible so long as the link does not portray FlutterBabies, LLC, our products or our affiliates in a derogatory, false, misleading or otherwise repugnant matter. No part of that link can use any logo or other proprietary graphic or trademark of FlutterBabies, LLC. Without express written consent, you may not frame or use framing techniques to enclose any content, trademark, logo, or other content of FlutterBabies, LLC. and our affiliates. Any unauthorized use of our stores terminates the permission or license granted by FlutterBabies, LLC.

Pricing
We reserve the right to change any price at which we offer goods or services and to correct any errors in the pricing contained in our stores or catalogs. We shall have no liability for any such changes or errors and are not bound to fulfill orders at old or erroneous prices.

Transfer of Risk and Title
When you order an item at flutterbabies.com, the purchase is pursuant to a shipment contract. That means once we deliver your purchase to the shipping company, the risk of loss and title of your purchase passes to you.

Contents and Graphics
We are committed to correcting any graphical, textual, or factual errors in our content. Whether it is a misspelled word, broken link, or a missing or incorrectly matched photo, please notify us and we will do our best quickly to rectify any errors.  FlutterBabies, LLC does not warrant that our product descriptions or other content are current, reliable, accurate or complete. If you feel a product received by you from FlutterBabies, LLC is not as it is described, your only course of action is to return the item in unused condition.

Other Websites
Businesses other than FlutterBabies, LLC may offer services and products on or through our stores. We may also provide links to other websites which are not owned or operated by FlutterBabies, LLC.  When visiting these other websites, you should thoroughly review their policies. FlutterBabies, LLC is not responsible for the inspection or evaluation of these websites and we do not warrant the offerings of any of these enterprises or individuals or the content of their websites. Therefore, FlutterBabies, LLC does not assume any responsibility or liability for actions, product and content relating to these or any other enterprises or individuals.

Copyright
Content generated by FlutterBabies, LLC, such as text, web pages and e-mail communications, banner advertisements, graphics, photography, logos, button icons, images, video, audio clips and software, is the property of FlutterBabies, LLC or its content suppliers, and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content in our stores and catalogs is the exclusive property of FlutterBabies, LLC and is protected by U.S. and international copyright laws. All software used to present and manage our stores is the property of FlutterBabies, LLC or its software suppliers and protected by U.S. and international copyright laws. You may use the content and software published on our stores as a shopping and information resource only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of our content or software is strictly prohibited.

Trademarks
All trademarks, service marks, and trade names employed by FlutterBabies, LLC are proprietary to FlutterBabies, LLC or other respective owners that have granted FlutterBabies, LLC the right and license to use such trademarks, service marks, and trade names, and are protected by U.S. and international trademark laws. FlutterBabies and other logos, button icons, scripts, service names, phrases, page headers and graphics are trademarks or trade dress of FlutterBabies, LLC. Without express written consent, FlutterBabies, LLC’s trademarks and trade dress may not be used in connection with any product or service that is not FlutterBabies, LLC’s, in any manner that is likely to cause confusion among our customers or guests, or in any manner that disparages or discredits FlutterBabies, LLC. The use of meta tags or any other concealed text or search words exploiting the name or trademarks of FlutterBabies, LLC is expressly forbidden. To the extent you have in any manner violated or threatened to violate FlutterBabies, LLC’s intellectual property rights, FlutterBabies, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio and Alabama, and you consent to exclusive jurisdiction and venue in such courts. Any other trademarks that appear in our stores or catalogs that aren’t owned by FlutterBabies, LLC or its subsidiaries are the property of their respective owners, who may or may not be associated with FlutterBabies, LLC or its subsidiaries.

Disclaimer
Our online stores and catalogs are provided on an "as is" basis. FlutterBabies, LLC makes no representations or warranties of any kind, express or implied, as to the operation of our stores, the information, content, materials or products, included in our stores and catalogs. Price and availability information is subject to change without notice. All orders are subject to acceptance, verification and confirmation by FlutterBabies, LLC. To the full extent permissible by applicable law, FlutterBabies, LLC disclaims all warranties, express or implied, including but not limited to, implied warranties or merchantability and fitness for a particular purpose. FlutterBabies, LLC will not be liable for any damages of any kind arising from the use of our stores, including but not limited to direct, indirect, incidental, punitive and consequential damages. FlutterBabies, LLC does not guarantee that our stores, servers or e-mail sent from or through us or our stores are free from viruses or other injurious elements. 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. We reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders at our sole discretion.

Applicable Law
By visiting our stores you agree that the laws of the state of Alabama and Ohio, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and FlutterBabies, LLC or its affiliates.

Severability
If any of these Terms and Conditions of Use shall be regarded as invalid, void, or for any reason unenforceable, that terms or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

Modification and Termination
FlutterBabies, LLC may modify or terminate these Terms and Conditions of Use at any time and may do so immediately without notice or cause. Information collected under prior policies will be subject to the modified policies. FlutterBabies, LLC may also withdraw any rights it has granted to you and deny you access to our stores. In such event you must promptly destroy all materials downloaded or otherwise obtained from our stores, as well as all copies of such materials, whether made under the terms of these Terms and Conditions of Use or otherwise.


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