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. In addition, when you use CleverMom.me, LLC you are subject to the rules, guidelines, policies, terms, and conditions incorporated into this Agreement. CleverMom.me, LLC reserves the right to change this Site, and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. It is your responsibility to READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
ELECTRONIC COMMUNICATIONS
When you visit Clevermom.me, LLC or send us e-mails, you are communicating with us electronically and thereby 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 electronically satisfy any legal requirement that communications be in a written format.
Copyright
The entire content included in this site, including but not restricted to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of CleverMom.me, LLC or its content suppliers and protected by United States and international copyright laws. 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 CleverMom.me, LLC or to purchase products. Unless authorized by CleverMom.me, LLC. Other uses, including but not restricted to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited. You also agree not to change or delete any proprietary notices on materials downloaded from the website.
Trademarks
All trademarks, service marks and trade names of CleverMom.me used in the site are the trademarks or registered trademarks of CleverMom.me, 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, CleverMom.me, 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. CleverMom.me, 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. CleverMom.me, 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
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON THIS SITE ARE OFFERED BY Clevermom.me, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Clevermom.me, LLC MAKES NO REPRESENTATIONS OR WARRANTIES at all, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON THIS SITE, UNLESS stated IN WRITING. YOU AGREE THAT you are using THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT possible, Clevermom.me, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Clevermom.me, LLC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES offered THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM Clevermom.me, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Clevermom.me, LLC WILL NOT BE held LIABLE FOR ANY DAMAGES at all FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR Offered through THIS SITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES and any other damages, UNLESS OTHERWISE SPECIFIED IN WRITING. All warranties are the warranties offered by the manufacturers and in no case will CleverMom.me, LLC be liable for consequential, punitive, incidental, general, special damages.
Clevermom.me, 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 CleverMom.me, LLC has been advised of the possibility of such damages.
Typographical Errors
Should a CleverMom.me, LLC product be mistakenly listed at an incorrect price, CleverMom.me, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CleverMom.me, 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 is charged for the purchase and your order is cancelled, CleverMom.me, LLC will credit your credit card account in the amount charged for the purchase.
Term; Termination
These terms and conditions apply to you upon your accessing the site and/or completion of the registration or shopping process. These terms and conditions, or any component, may be terminated by CleverMom.me, 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.
Miscellaneous
Your use of this site shall be governed in all aspects by the laws of the state of Arizona, 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 any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to purchases CleverMom.me, LLC products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of CleverMom.me, LLC products) must be filed within one (1) year after the claim or cause of action arises. If CleverMom.me, LLC fails to insist upon or enforce strict performance of any provision of these terms and conditions, this lack of action shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will modify any of these terms and conditions. CleverMom.me, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
REMEDIES
You agree that Clevermom.me, LLC’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Clevermom.me, LLC shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Clevermom.me, LLC may be entitled to recover, along with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Clevermom.me, LLC shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Clevermom.me, LLC of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Indemnification
For any use of your account, by you or another party, you agree to indemnify, defend, and hold harmless CleverMom.me, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from 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).
Third-Party Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Clevermom.me is not responsible for the operation of these sites, or any of the content located on or through any such site.
