Terms & Conditions of Use Last modified: November 27, 2006 15. General. 6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed. 5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and 4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; 3. A description of where the allegedly infringing material is located on the site; 2. A description of the allegedly infringing work or material; 1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; Any written notice describing the infringing activity must include the following information: Attn: Legal Department, A Boca Baby, Inc., 5324 NW 119th Terrace, Coral Springs FL 33076 A Boca Baby, Inc. will terminate the infringing customer's account. A Boca Baby, Inc. may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. A Boca Baby, Inc. has implemented procedures for receiving written notification of claimed infringements and for processing such claims. A Boca Baby, Inc. respects the intellectual property of others and we ask others to do the same. If you believe that your copyright has been infringed through the A Boca Baby, Inc. website, please contact "Legal Department", via mail at: 14. Policy to Terminate Privileges for Copyright Infringement. No delay or failure to take action under this Terms of Use shall constitute any waiver by A Boca Baby, Inc. of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of A Boca Baby, Inc.’s permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of Florida without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Broward County, in the State of Florida. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. A Boca Baby, Inc. may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between A Boca Baby, Inc. and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. 13. LIMITATION OF LIABILITY. THE SITE, PRODUCTS, SERVICES, CONTENT, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF A BOCA BABY, INC.’s PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, A BOCA BABY, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE A BOCA BABY, INC. SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, or NON-INFRINGEMENT. 12. Disclaimer of Warranties. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions. 11. Service and Support for Goods Sold. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL A BOCA BABY, INC. OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND CONTENT, WITH THE DELAY OR INABILITY TO USE THE A BOCA BABY, INC. SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE A BOCA BABY, INC. SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF A BOCA BABY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT A BOCA BABY, INC. SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO A BOCA BABY, INC. BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF A BOCA BABY, INC. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 10. Indemnification. A Boca Baby, Inc. RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU. 9. Modifications to Prices or Billing Terms. A Boca Baby, Inc. shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. A Boca Baby, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, A Boca Baby, Inc. shall immediately issue a credit to your credit card account in the amount of the charge. 8. No Responsibility To Sell incorrectly priced Products Or Services. You agree to indemnify and hold harmless A Boca Baby, Inc. and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right. 7. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. A Boca Baby, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. A Boca Baby, Inc. further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by A Boca Baby, Inc. upon shipment of products or performance of services that you have ordered. Title to goods passes to you upon delivery to the common carrier. All orders placed over $1,000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. A Boca Baby, Inc. is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell. All payments must be made by VISA, MasterCard, American Express, and Discover. Unless expressly set forth on the A Boca Baby, Inc. site, we do not accept any other payment forms. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT A BOCA BABY, INC., ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify A Boca Baby, Inc. of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If A Boca Baby, Inc. does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by A Boca Baby, Inc. or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. A Boca Baby, Inc. shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Florida and any other states or localities that it deems is required. 6. Methods of Payment, Credit Card Terms and Taxes. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, and (b) be a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. 5. Conditions of Sale and Payment Terms. By establishing a My Account with us or by making a purchase through our Site, you grant permission for A Boca Baby, Inc. to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at optout@abocababy.com or follow the opt-out procedures set forth in such marketing emails. 4. Consent To Our Communication With You By E-Mail. While A Boca Baby, Inc. takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL A BOCA BABY, INC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER A BOCA BABY, INC. WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases. 3. Consent To Collection, Use & Disclosure of Your Personal Information. You also agree that A Boca Baby, Inc. may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that A Boca Baby, Inc. will not be liable to you or to any third party for termination of your access to the Site. Certain services offered on or through the Site require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify A Boca Baby, Inc. immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by A Boca Baby, Inc. or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information at any point after account activation. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of A Boca Baby, Inc. All other trademarks or service marks are property of their respective owners. The use of any A Boca Baby, Inc. trademark or service mark without A Boca Baby, Inc.’s express written consent is strictly prohibited. 2. Registration; Customer Accounts; Use of Site. A Boca Baby, Inc. reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, A Boca Baby, Inc. grants you ("End User") a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Site. A Boca Baby, Inc. reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, A Boca Baby, Inc. grants you ("End User") a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Site.

READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to use of the abocababy.com website located at http://www.abocababy.com (the "Site"). The Site is the property of A Boca Baby, Inc. 1. Content; Copyright and Trademark Notice.