These Terms and Conditions of Use ("Terms") are a legal contract between Looking Forward Maternity Rentals LLC, a New York maternity company ("Looking Forward Maternity"), and you, the user accessing or using any Looking Forward Maternity web sites, including, without limitation, those accessible through the URLs lookingforwardmaternity.com; lookingforwardmaternityrental.com; lookingforwardmaternityrentals.com; looking-forward.com; lookingforwardrental.com and lookingforwardrental.com (the "Sites").
THESE TERMS DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES IN CONJUNCTION WITH YOUR USE OF ANY OF THE SITES. PLEASE READ IT CAREFULLY BEFORE ACCESSING OR USING THE SITES. BY OPENING ANY PAGES OF THE SITES, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS, JUST AS IF YOU HAD SIGNED THEM. YOU ALSO CONSENT TO THE COLLECTION AND USE OF INFORMATION AS SET FORTH IN GREATER DETAIL IN OUR PRIVACY POLICIES (SEE PRIVACY POLICY BELOW). SHOULD YOU DECIDE TO PURCHASE ADVERTISING ON ANY OF THE SITES, YOU WILL BE BOUND BY SEPARATE AND ADDITIONAL TERMS AND CONDITIONS.Looking Forward Maternity grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the "Content") on the Sites solely for your personal, non-commercial use. Looking Forward Maternity may revoke such privilege at any time with or without notice for any reason or no reason. Any and all Content, software and other works on the Sites and any reproductions of any of the foregoing (collectively, the "Works") are the proprietary intellectual property of Looking Forward Maternity and/or its suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the Content set forth above, Looking Forward Maternity grants you no other privileges or rights in any of the Works. You may only use the Sites, the Content and the Works for personal, noncommercial purposes. Any commercial use of the Sites is strictly prohibited. You acknowledge that any other use of the Sites, the Content or the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of Looking Forward Maternity, which may be withheld in its sole discretion, is strictly prohibited.
Looking Forward Maternity may from time to time provide links and pointers on the Sites to web sites maintained by third parties ("Third Party Sites") and may from time to time provide third party material on the Sites. These Third Party Sites and third party materials are provided as a convenience only. Looking Forward Maternity has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and Looking Forward Maternity is not responsible for any information provided at any Third Party Sites. Looking Forward Maternity makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that Looking Forward Maternity has provided a link to any Third Party Site on any of the Sites does not constitute an endorsement, authorization, sponsorship or affiliation by Looking Forward Maternity with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. Looking Forward Maternity expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, any Third Party Site.
The Sites are intended to be used by persons that are at least 18 years old. If you are younger than 18 years old, you may not access the Sites or order products or services from Looking Forward Maternity via the Sites. If you are a parent or other person charged with the care of persons younger than 18 years old, you agree to restrict access to the Sites through your computers to persons who are at least 18 years old. If one of your children accesses the Sites and provides Looking Forward Maternity with personally identifiable information, please contact us. Looking Forward Maternity will use reasonable efforts to designate any personally identifiable information regarding your child as "Do Not Contact" in its databases.
Looking Forward Maternity respects the privacy of its users, and has created a Privacy Policy that explains users' rights and responsibilities with respect to personal information disclosed on the Sites. Please read Looking Forward Maternity's Privacy Policy.
YOUR USE OF THE SITES IS SOLELY AT YOUR OWN RISK. LOOKING FORWARD MATERNITY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, THE SITES, AND THE PRODUCTS AND SERVICES PROVIDED BY THE SITES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN LOOKING FORWARD MATERNITY AND YOU.
LOOKING FORWARD MATERNITY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. UNDER NO CIRCUMSTANCES SHALL LOOKING FORWARD MATERNITY, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE SITES OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED THEREON. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, LOOKING FORWARD MATERNITY'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS AND/OR PURCHASE PRODUCTS THROUGH THE SITES.
You agree to indemnify, defend (at Looking Forward Maternity's sole option) and hold harmless Looking Forward Maternity and its owners, partners, directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including without limitation reasonable attorneys fees), expenses, settlements, and judgments that result from your breach of these Terms or your access to and use of the Sites.
Each of the Site URLs as well as Looking Forward Maternity®, LF Maternity®, Jourgan® and all page headers, product descriptions, specifications, instructions, articles, graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the "Marks") of Looking Forward Maternity or its licensor. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from Looking Forward Maternity. Without limiting the generality of the foregoing, Looking Forward Maternity specifically prohibits the use of any Mark as a "hot" link to any Site unless the establishment of such a link is approved in advance by Looking Forward Maternity in writing. Failure to obtain such approval shall entitle Looking Forward Maternity to seek an injunction enjoining such use. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.
Certain of the Sites contain information, recommendations and advice regarding various topics as provided by third parties. Any information provided on the Sites is of a general nature and is designed for educational purposes only. The information (including, without limitation, advice and recommendations) and services on the Sites are neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts. If you have any concerns about your own health or the health of your child, you should always consult with a physician or other healthcare professional.
All remarks, suggestions, ideas, graphics, or other information communicated to Looking Forward Maternity through the Sites (together, the "Submission") will forever be the property of Looking Forward Maternity. Looking Forward Maternity will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Looking Forward Maternity operations. Without limitation, Looking Forward Maternity will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Looking Forward Maternity will be entitled to use the Submission (including, without limitation, an edited version of the Submission) for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Looking Forward Maternity, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Looking Forward Maternity makes no representation or claim that any information on the Sites are appropriate or may be downloaded outside the United States of America. Access to the Sites and to any information thereon may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States of America, you do so at your own risk of liability under the laws of the United States or of your jurisdiction.
These Terms, together with our Privacy Policies, Return Policies and any other agreement that may be entered into by you and Looking Forward Maternity in connection with a specific product or service of Looking Forward Maternity, constitute the entire agreement between you and Looking Forward Maternity and supersedes any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without the prior written consent of Looking Forward Maternity. Looking Forward Maternity may modify or amend these Terms, the Privacy Policies and Return Policies at any time without notice to you. You should regularly review these Terms for any modifications or amendments to these Terms as your continued use of the Sites after a modification or amendment signifies your assent and agreement to these Terms, as amended. If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms and your use of the Sites and any products and services provided by the Sites shall be governed by the laws of the United States of America and the State of New York, without giving effect to its conflicts of laws principles. The parties agree that the state courts and Federal District Courts located in or serving Kings County, New York shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from these Terms or your use of the Sites or any products and services provided by the Sites. The parties hereby expressly consent to the exercise of jurisdiction over them by such courts. To the fullest extent permitted by applicable law, each party to these Terms waives its, his or her right to a jury trial with respect to any action brought under or in connection with these Terms. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.
By using the pages in the Sites, you agree to these terms and conditions. If you do not agree, you should not use the Sites.