Welcome to Baby Aspen.com, a web site of Baby Aspen, Inc. ("Baby Aspen"). Baby Aspen and its affiliates provide their services to you subject to the following conditions. If you visit or purchase at Baby Aspen.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Baby Aspen service or visit or purchase from any business affiliated with Baby Aspen, whether or not included in the BabyAspen.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit BabyAspen.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Baby Aspen or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Baby Aspen and protected by U.S. and international copyright laws. All software used on this site is the property of Baby Aspen or its software suppliers and protected by United States and international copyright laws.
BABY ASPEN and BABYASPEN.COM, and other marks indicated on our site are trademarks of Baby Aspen, Inc. in the United States and other countries. Baby Aspen's trademarks and trade dress may not be used in connection with any product or service that is not Baby Aspen, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Baby Aspen, Inc. All other trademarks not owned by Baby Aspen 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 Baby Aspen, Inc.
LICENSE AND SITE ACCESS
Baby Aspen grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Baby Aspen. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Baby Aspen. 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 Baby Aspen.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Baby Aspen¡¯s name or trademarks without the express written consent of Baby Aspen. Any unauthorized use terminates the permission or license granted by Baby Aspen. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Baby Aspen.com so long as the link does not portray Baby Aspen, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Baby Aspen.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Baby Aspen does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Baby Aspen only with involvement of a parent or guardian. To preserve the integrity of our brand, eBay sales are restricted. Baby Aspen and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We reserve the right to decline registrations for any reason. All retailers must have written approval to sell on any and all online marketplaces for example Amazon, eBay, Wal-mart, and Etsy. This list is indicative only and non-exhaustive. Selling to any online marketplace is prohibited without written permission. A marketplace can be defined as a site where multiple retailers are selling their goods. This policy excludes a website that is maintained by a single retailer and has only one seller on that site. Baby Aspen reserves the right to request the immediate removal of descriptions and images for past due or defaulted accounts. 1.5% monthly interest will be applied to all invoices not paid within terms.
Important: Your credit card on file is charged at the time of shipping. If the card declines or is unable to process, your order may be held and not ship until a new and valid credit card is provided. The new credit card provided or existing credit cards on the account may automatically update to all open, unpaid and unshipped orders as a courtesy so that they may ship and/or your account can be made current.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; 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, commercial solicitation, 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 a card or other content. Baby Aspen 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, you grant Baby Aspen 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 content throughout the world in any media. You grant Baby Aspen 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 Baby Aspen or its affiliates for all claims resulting from content you supply. Baby Aspen has the right but not the obligation to monitor and edit or remove any activity or content. Baby Aspen takes no responsibility and assumes no liability for any content posted by you or any third party.
Baby Aspen and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email BabyAspen@theaspenbrands.com.
RISK OF LOSS
All items purchased from Baby Aspen are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Baby Aspen and its affiliates attempt to be as accurate as possible. However, Baby Aspen does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Baby Aspen itself is not as described, your sole remedy is to return it in unused condition.
PRICING & SHIPPING
Except where noted otherwise, the List Price displayed for products on our website represents the wholesale price listed on the product itself. With respect to items sold by Baby Aspen, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
p>Your order confirmation is an estimate of your costs and is not finalized at the time of placing the order.
Please note that this policy applies only to products sold and shipped by Baby Aspen.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BABY ASPEN ON AN "AS IS" AND "AS AVAILABLE" BASIS. BABY ASPEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BABY ASPEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BABY ASPEN DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BABY ASPEN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BABY ASPEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
By visiting BabyAspen.com, or purchasing products from or otherwise doing business with Baby Aspen, Inc., you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Baby Aspen, Inc. or its affiliates.
Any dispute relating in any way to your visit to BabyAspen.com or to products you purchase from Baby Aspen shall be submitted to confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate Baby Aspen's intellectual property rights, Baby Aspen may seek injunctive or other appropriate relief in any state or federal court in the state of Georgia, 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Baby Aspen Inc
2700 Breckinridge Blvd
Duluth, GA 30096