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Terms Of Use
TERMS OF USE

Your use of the Metroplex Baby & Kids Website will constitute your agreement
to the Terms, Conditions & Notices governing its use, which you should review before proceeding.
If you don't agree to these terms, please exit the Website.

Use of the Metroplex Baby & Kids Community is governed by the COMMUNITY TERMS OF USE, incorporated herein as if fully set forth.


The metroplexbaby.com Website (for purposes hereof, as applicable, the "Website" or "metroplexbaby.com") is provided by Metroplex Baby, L.L.C. ("Metroplex Baby") and also refers to all information, software, products and services used and/or available via the Website is offered to you, the user, only conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Any and all rights not expressly granted herein are reserved by Metroplex Baby. Metroplex Baby reserves the right to change these terms, conditions, policies and notices, at its sole discretion, at any time or from time to time. Your use of the Website constitutes your agreement to all of these terms, conditions, policies and notices. For further information relating to the legal issues contained in these terms and conditions, or questions or problem reports regarding this service, please contact info@metroplexbaby.com.

General; Trademarks, Copyrights, etc.

Metroplex Baby is the owner of all intellectual property rights (including copyrights, trademarks and service marks) in the metroplexbaby.com Website.  Material published by Metroplex Baby on this Website may contain other proprietary notices or describe products, services, processes or technologies owned by Metroplex Baby or third parties.  Nothing contained herein shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Metroplex Baby or any third party, except as expressly set forth herein.

"metroplexbaby.com," and certain other names and/or logos are trademarks of Metroplex Baby, L.L.C., and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of Metroplex Baby, L.L.C.  All other product and service marks contained herein are the trademarks of their respective owners. The "look" and "feel" of metroplexbaby.com's site (including color combinations, button shapes, layout, and all other graphical elements) are also Metroplex Baby's trademarks and/or copyrights.

All content and graphics on this site, as well as the HTML used to generate pages, are protected by U.S. copyright laws and international treaties and may not be copied without the express permission of Metroplex Baby, which reserves all rights.  Re-use of any of Metroplex Baby's content or graphics for any purpose is strictly prohibited without Metroplex Baby's prior written permission.  Please direct any inquiries in such regard to info@metroplexbaby.com.

Please be aware that the information, software, products and services published on this Website may include inaccuracies, typographical errors and/or out-of-date information. Changes are made and items added to the Website and the information on it from time to time.  Metroplex Baby may make such changes and/or additions at any time at its sole discretion.

Other Parties.

This Website may contain hyperlinks and/or other connections to websites operated by parties other than Metroplex Baby, including but not limited to those of Metroplex Baby's business associates or its advertisers (individually or collectively, as the case may be, "Other Parties").  Metroplex Baby does not control those websites and is not responsible for them, including for their availability or content (including any viruses accessed through them).  Metroplexbaby.com's inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators.  Metroplex Baby takes no responsibility whatsoever for the activities of Other Parties' activities or practices.  Nothing on the Website shall be deemed to be an endorsement, representation or warranty with respect to any Other Party or other third party, whether in regard to its Web site, products, services or otherwise.

Use of Information and Services.

The information and services on the site are intended solely as a general educational aid and are not a recommendation of a any providers or merchants. 

Your Use; Limited License.

The metroplexbaby.com Website is for your personal and noncommercial use.  Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from or available as part of or in conjunction with this Website.  You are granted a non-exclusive, non-assignable and non-transferable license to use the Website only under these terms and conditions of use.

This license is not a sale of any of the owner's rights.  The metroplexbaby.com Website may only be used by you, and you may not rent, lease, lend, sub-license or transfer the Website or any data residing thereon or any of your rights under this agreement to anyone else.  You may not develop or derive for commercial sale any other data in machine-readable form that incorporates or uses any substantial part of the Website.  You may not transfer to or store any data residing or exchanged over the metroplexbaby.com Website in any electronic network for use by more than one user unless you obtain prior written permission from Metroplex Baby.

Your Responsibilities.

The metroplexbaby.com Website may be used only for lawful purposes by individuals.  As one of the conditions of your use of the Metroplex Baby.com Website, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls).  It is your responsibility to ensure that your use of the Website complies with these terms, conditions and notices and to seek prior written permission from Metroplex Baby for any uses not permitted or not expressly specified herein

Web Site Security Rules.

Users are prohibited from violating or attempting to violate the security of metroplexbaby.com, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a Website or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", or (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information.  Violations of Website or network security may result in civil or criminal liability.  Metroplex Baby will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Content Submissions.

By submitting event, merchant, service or other content ("Content") to the Website, you automatically grant Metroplex Baby the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.  In addition, you represent and warrant that you have all right, power and authority to do the following.  Metroplex Baby shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website.  You agree to indemnify and hold Metroplex Baby harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.

Disclaimers & Limitations.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY.  THIS WEBSITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NO ADVICE OR INFORMATION GIVEN BY METROPLEX BABY OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FORGOING OR CREATE ANY WARRANTY.  METROPLEX BABY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS WEBSITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

METROPLEX BABY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SOFTWARE OR PROCESS UTILIZED OR DISCLOSED ON THE WEBSITE OR ANY OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE.  IN NO EVENT SHALL METROPLEX BABY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS OF THIS WEBSITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF METROPLEX BABY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

METROPLEX BABY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THIS SITE.  WHILE METROPLEX BABY STRIVES TO KEEP THE INFORMATION ON THIS SITE ACCURATE, COMPLETE, AND UP-TO-DATE, METROPLEX BABY AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION.

IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN METROPLEX BABY'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $500.00.

Indemnity.

You agree to defend, indemnify, and hold Metroplex Baby, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Miscellaneous.

No Partnership. You agree that no joint venture, partnership, employment or agency relationship exists between you and Metroplex Baby as a result of this agreement or use of this Website.

Certain Legal Requirements. Metroplex Baby's performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them is in derogation of Metroplex Baby's right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Metroplex Baby with respect to such use.

Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You will use the Website only in strict accordance with these terms.

Certain Rights & Obligations; Waiver. Metroplex Baby shall have the right to terminate or block users' ability to access this Website at any time without notice and to discontinue or modify any of the information contained on this service, or the service, at any time. Metroplex Baby shall have the right to modify these terms and conditions at any time.  The user may not assign any part of this Agreement without Metroplex Baby's prior written consent.  No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.

Enforcement, Interpretation, etc.  These terms shall be governed by internal Texas and relevant federal laws, and exclusive jurisdiction and venue for any action shall be had in the state and federal courts located in Tarrant County, Texas, U.S.A.  Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.  Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court. Given the nature of these terms, you understand and agree that, in addition to money damages, Metroplex Baby will be entitled to equitable relief upon a breach of them by you.

We control and operate this site from our offices in the U.S.A.  We do not represent that materials on the Website are appropriate or available for use in other locations.  Persons who choose to access this site from other locations do so on their own, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Any inquiries concerning these terms and conditions of use should be directed to info@metroplexbaby.com.
 
  

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