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
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
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.
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
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
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.
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
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.
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
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.
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