This Terms of Use Agreement sets forth the standards of use of the Nels Babies online service. By using the nelsbabies.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at nelsbabies.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

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1. Description of Service

   Nels Babies is providing Member with baby and kids products to purchase online, ideas and information related to these products, as well as the ability to create custom bedding and products. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

   The site is provided by Nels Babies on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Nels Babies makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Nels Babies shall have no liability for any interruptions in the use of this Website. Nels Babies disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

   Nels babies shall not be liable for any damages whatsoever, and in particular Nels Babies shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Nels Babies has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.

4. Indemnification

   Member agrees to indemnify and hold Nels Babies, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

   Nels Babies reserves the right to modify or discontinue the Service with or without notice to the Member. Nels Babies shall not be liable to Member or any third party should Nels Babies exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Nels Babies does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

   Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

7. Disclaimer Regarding Accuracy of Vendor Information

   Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Nels Babies makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

   Nels Babies makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Governing Jurisdiction of Namibia Courts

   Our website is operated and provided in the Republic of Namibia. As such, we are subject to the laws of the Republic of Namibia, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Republic of Namibia.

9. Compliance with Laws.

   Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information

    All content included or available on this site, including site design, text, graphics, interfaces, products, collections, custom designs, custom bedding, and the selection and arrangements thereof is Nels Babies, with all rights reserved, or is the property of Nels Babies and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Nels Babies is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Nels Babies.

    Nels Babies are proprietary marks. Nels Babies’ trademarks may not be used in connection with any product or service that is not provided by Nels Babies, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nels Babies.

    All other trademarks displayed on Nels Babies website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Nels Babies.

11. Custom

    You agree that any collections, designs, or other products created, modified, or altered on our website IS THE SOLE PROPERTY of Nels Babies. We reserve to use these collections, designs, and products in any way.

12. Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Nels Babies, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

13. Refunds/Exchanges/Returns/Orders

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