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Breast Pumps Direct Terms and Conditions

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 Breast Pumps Direct. The collective work includes works that are licensed to Breast Pumps Direct. Copyright 2006, Breast Pumps Direct 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 Breast Pumps Direct or purchasing Breast Pumps Direct 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 Breast Pumps Direct or to purchase Breast Pumps Direct 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 Breast Pumps Direct. 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 Breast Pumps Direct used in the site are trademarks or registered trademarks of Breast Pumps Direct

 

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, Breast Pumps Direct disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Breast Pumps Direct 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. Breast Pumps Direct does not make any warrantees 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

Breast Pumps Direct 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 Breast Pumps Direct 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 Breast Pumps Direct product is mistakenly listed at an incorrect price, Breast Pumps Direct reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Breast Pumps Direct 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, Breast Pumps Direct shall issue a credit to your credit card account in the amount of the incorrect price.

 

Term; 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 Breast Pumps Direct 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

Breast Pumps Direct 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 Breast Pumps Direct.

 

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, 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 Breast Pumps Direct products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Breast Pumps Direct products) must be commenced within one (1) year after the claim or cause of action arises. Breast Pumps Direct’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. Breast Pumps Direct 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 Breast Pumps Direct 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.

 

Participation Disclaimer

Breast Pumps Direct does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Breast Pumps Direct is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Breast Pumps Direct reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Breast Pumps Direct in its sole discretion.

 

Indemnification

You agree to indemnify, defend, and hold harmless Breast Pumps Direct, 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, Breast Pumps Direct may link to sites operated by third parties. However, even if the third party is affiliated with Breast Pumps Direct, Breast Pumps Direct has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Breast Pumps Direct. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Breast Pumps Direct 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).

 

Breast Pumps Direct Privacy Policy

1. What does the Breast Pumps Direct Privacy Policy cover?
This privacy policy outlines Breast Pumps Direct practices regarding information collected online at www.breastpumpsdirect.com.

We suggest that you review this Privacy Policy periodically as we may update it from time to time. This policy was last revised January 2007. By visiting www.breastpumpsdirect.com, you are accepting the practices described in this Privacy Policy.

2. What information does Breast Pumps Direct collect?
Each time you visit Breast Pumps Direct, the web server automatically collects your internet service provider's address, the web page from which you came, web browser software and a record of your activity while visiting the site.

Breast Pumps Direct collects personally identifiable information (such as first and last name, credit card number, home address, e-mail address and telephone number) that you provide when you make a purchase through our online shopping cart or over the phone with a customer service representative. The information you provide to Breast Pumps Direct may also be combined with demographic and other information that is available in order to allow Breast Pumps Direct to better communicate with you and enhance your shopping experience.

3. How does Breast Pumps Direct use and share personal information?
Using Your Personal Information
Your personal information is used by Breast Pumps Direct to enhance your customer relationship with them, respond to your requests, tailor offerings to you, communicate with you about products, services, special offerings and events or programs offered by Breast Pumps Direct or their marketing partners that may be of interest to you. Breast Pumps Direct may also use this information to analyze and manage its businesses. Aggregate data (which does not allow an individual to be identified, contacted or located) is collected from online and offline facilities and may be used to enhance the ability of Breast Pumps Direct to communicate with you, and for internal analysis and management purposes.

Sharing Your Personal Information
Breast Pumps Direct will not license, sell or provide your personal information to any unaffiliated third party except as permitted by this policy or with your consent. Breast Pumps Direct shares your personal information as set forth below:

With Breast Pumps Direct: Personal information collected by Breast Pumps Direct will be used in accordance with this Privacy Policy and may be shared with Breast Pumps Direct employees for use only in accordance with this Privacy Policy.

With our Service Providers: Breast Pumps Direct may share your personal information with service providers who provide services for or administer activities on behalf of Breast Pumps Direct (such as, but not limited to, authorization of credit card transactions, order fulfillment, sweepstakes and contests, and co-branded or joint product and service promotions). Breast Pumps Direct may share your information with service providers who develop, host or maintain the Breast Pumps Direct site on behalf of Breast Pumps Direct. Breast Pumps Direct may also share your information with service providers who warehouse product and perform order fulfillment services on behalf of Breast Pumps Direct. These service providers are granted access to some or all of your personal information as necessary and may use cookies (as defined below) on our behalf, but are contractually restricted from using your personal information in any manner other than as may be necessary to perform their services. We may also utilize service providers to assist us in aggregating customer information. We may then share such aggregated information with prospective marketing partners and advertisers.

To Comply with Laws: Breast Pumps Direct may also disclose specific information when it determines that such disclosure is necessary to comply with the law or to protect the interests or safety of its visitors and customers, Breast Pumps Direct or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

4. How is my personal information protected?
Breast Pumps Direct uses industry standard security techniques on the Breast Pumps Direct site to help protect against the loss, misuse or alteration of information collected from you at the Breast Pumps Direct site. When you access your account information or transmit personally identifiable data to the Breast Pumps Direct site, that information is stored on the server that the Breast Pumps Direct site has attempted to secure from unauthorized access or intrusion. "Secure Socket Layer" software encrypts all personal information you transmit to the Breast Pumps Direct site. Breast Pumps Direct cannot be and is not responsible for unauthorized access to information by hackers or others who have obtained such access through illegal measures.

5. What are cookies and how does the Breast Pumps Direct use them?
Breast Pumps Direct uses "cookies," which are small pieces of information stored by your browser on your computer's hard drive. The cookies are used to connect your computer with information stored about your preferences and product purchases. (Some examples of this data include your account preferences, items added to your shopping cart, user specific information on pages accessed and previous visits to the site.) Breast Pumps Direct does not use cookies to store any of your personal or financial information on your computer. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive new cookies or how to disable cookies altogether. If you reject cookies, you may not be able to participate in certain activities.

6. How can I opt out from receiving Breast Pumps Direct communications?
From time to time, you may receive periodic e-mails from Breast Pumps Direct with information on products or services, discounts, special promotions, upcoming events or other offers from Breast Pumps Direct. You may opt out of receiving e-mail communications by clicking the "Unsubscribe" link at the bottom of the e-mail received, choose not to receive emails from Breast Pumps Direct when you make a purchase or unsubscribe from future emails through “My Account” on Breast Pumps Direct. It may take us up to 10 days to complete this process, as permitted by law. Please note that if you ask Breast Pumps Direct to remove your name from a mailing list, your name will be removed from all of the mailing lists maintained by Breast Pumps Direct. In addition, your personal information may be retained in the database for record keeping purposes and for internal research and analysis.

7. How can I update or change my personal information?
You may update or change your personal information or your shipping or billing information for Breast Pumps Direct orders, log on, select "My Account" and make the appropriate changes.

8. Linked Sites
Breast Pumps Direct may contain links to other sites. Please note that the privacy policies at these other sites may be different from this one. You should review the privacy policy of any site linked to within Breast Pumps Direct prior to providing any information on or to that site.

9. How to contact Breast Pumps Direct
If you have questions or concerns about this Privacy Policy, please fill out the form on our Contact Us page or call our customer service line at 1-877-749-7867.

10. Revisions to the Breast Pumps Direct Privacy Policy
This Privacy Policy may be updated and revised from time to time and we will post any changes to this policy. You agree that the information that we gather now will be subject to the Privacy Policy in effect at the time of use. We may contact you with notices concerning our Privacy Policy, but you should check the Breast Pumps Direct site periodically to review any changes.

Promotions Disclaimer

BreastPumpsDirect.com's donation to Susan G. Komen - For the Cure will not exceed $1000, and will otherwise be determined by the number of new Facebook fans generated in the month of October, 2010.