PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that
access to and use of this site are subject to the following terms
and conditions and other applicable law. If you do not agree
to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited
to text, graphics or code is copyrighted as a collective work
under the United States and other copyright laws, and is the
property of Tummy Talk, LLC. The collective work includes works
that are licensed to Tummy Talk, LLC. Copyright 2006, Tummy
Talk, LLC, ALL RIGHTS RESERVED. Permission is granted to electronically
copy and print hard copy portions of this site for the sole
purpose of placing an order with Tummy Talk, LLC or purchasing
Tummy Talk, LLC products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the
different areas of the site solely for your own non-commercial
use, or to place an order with Tummy Talk, LLC or to purchase
Tummy Talk, LLC products. Any other use, including but not
limited to the reproduction, distribution, display or transmission
of the content of this site is strictly prohibited, unless
authorized by Tummy Talk, LLC. You further agree not to change
or delete any proprietary notices from materials downloaded
from the site.
Trademarks
All trademarks, service marks and trade names of Tummy Talk,
LLC used in the site are trademarks or registered trademarks
of Tummy Talk, LLC.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express
or implied. To the fullest extent permissible pursuant to applicable
law, Tummy Talk, LLC disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. Tummy
Talk, LLC does not represent or warrant that the functions contained
in the site will be uninterrupted or error-free, that the defects
will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components.
Tummy Talk, LLC does not make any warranties or representations
regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability
or otherwise. Some states do not permit limitations or exclusions
on warranties, so the above limitations may not apply to you.
Limitation of Liability
Tummy Talk, LLC shall not be liable for any special or consequential
damages that result from the use of, or the inability to use,
the materials on this site or the performance of the products,
even if Tummy Talk, LLC has been advised of the possibility
of such damages. Applicable law may not allow the limitation
of exclusion of liability or incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Tummy Talk, LLC product is mistakenly listed
at an incorrect price, Tummy Talk, LLC reserves the right to
refuse or cancel any orders placed for product listed at the
incorrect price. Tummy Talk, LLC reserves 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
cancelled, Tummy Talk, LLC shall issue a credit to your credit
card account in the amount of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing
the site and/or completing the registration or shopping process.
These terms and conditions, or any part of them, may be terminated
by Tummy Talk, LLC without notice at any time, for any reason.
The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous,
shall survive any termination.
Notice
Tummy Talk, LLC may deliver notice to you by means of e-mail,
a general notice on the site, or by other reliable method to
the address you have provided to Tummy Talk, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the
laws of the state of Washington, U.S.A., without regard to
choice of law provisions, and not by the 1980 U.N. Convention
on contracts for the international sale of goods. You agree
that jurisdiction over and venue in any legal proceeding directly
or indirectly arising out of or relating to this site (including
but not limited to the purchase of Tummy Talk, LLC products)
shall be in the state or federal courts located in King County,
Washington. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase
of Tummy Talk, LLC products) must be commenced within one (1)
year after the claim or cause of action arises. Tummy Talk,
LLC's failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall
act to modify any of these terms and conditions. Tummy Talk,
LLC may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail,
chat, or by use of obscene or abusive language, is strictly
forbidden. Impersonation of others, including a Tummy Talk,
LLC or other licensed employee, host, or representative, as
well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through
the site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any
law. You may not upload commercial content on the site or use
the site to solicit others to join or become members of any
other commercial online service or other organization.
Indemnification
You agree to indemnify, defend, and hold harmless Tummy Talk,
LLC, its officers, directors, employees, agents, licensors
and suppliers (collectively the "Service Providers")
from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of
these terms and conditions or any activity related to your
account (including negligent or wrongful conduct) by you or
any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Tummy
Talk, LLC may link to sites operated by third parties. However,
even if the third party is affiliated with Tummy Talk, LLC, Tummy
Talk, LLC has no control over these linked sites, all of which
have separate privacy and data collection practices, independent
of Tummy Talk, LLC. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, Tummy
Talk, LLC seeks to protect the integrity of its web site and the
links placed upon it and therefore requests any feedback on not
only its own site, but for sites it links to as well (including
if a specific link does not work).