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Legal Terms & Conditions

Welcome to the Internet Site of Marlene's Just Babies. This Internet Site comprises various Web pages and is owned and operated by Marlene's Just Babies. or its subsidiaries and affiliates (collectively referred to herein as "Marlene's Just Babies”). PLEASE READ THESE TERMS AND CONDITIONSCAREFULLY BEFORE USING THIS INTERNET SITE since use of this Internet Site is subject to the legal terms and conditions outlined below (collectively, the "Terms and Conditions").

Your use of this Internet Site in any manner constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Marlene's Just Babies reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we urge you to read them carefully each time you use this Internet Site.

Please also see our Security and Privacy Policy .

PERSONAL AND NON-COMMERCIAL USE LIMITATION


You may copy electronically or print hard copies of any of the Web pages from this Internet Site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Marlene's Just Babies. Except when the express written authorization of Marlene's Just Babies is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from this Internet Site. Marlene's Just Babies reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this Internet Site.

LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT


This Internet Site may contain links to other Internet Sites which are provided to you for your convenience. Please note that the provision of any links to other Internet Sites does not constitute an endorsement by Marlene's Just Babies of such linked Internet Sites. All such other Internet Sites are wholly independent from this Internet Site and from Marlene's Just Babies and Marlene's Just Babies has no control or power over such other Internet Sites including their content. If you visit any of the linked Internet Sites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.

PROHIBITED OR UNLAWFUL USE


You warrant to Marlene's Just Babies that you will not use this Internet Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of this Internet Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet Site.

PROPRIETARY RIGHTS


"Marlene's Just Babies.com", Marlene's Just Babies logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on this Internet Site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner.

All content of this Internet Site, including all information, design, images, sound, photographs, video, illustrations, links to other Internet Sites, icons, graphics, headers, text, data and software (collectively, "Content") and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by Marlene's Just Babies or a Marlene's Just Babies affiliate or by third parties who have licensed their rights to Marlene's Just Babies. All such rights are expressly reserved.

FEEDBACK


This Internet Site may enable you to provide it with feedback. If you provide feedback you grant Marlene's Just Babies a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such feedback throughout the world in any media. You also grant Marlene's Just Babies the right to use the name you submit with the feedback, if any, in connection with the feedback.

DISCLAIMER


PLEASE NOTE THAT ALL CONTENT ON THIS INTERNET SITE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. Marlene's Just Babies DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF Marlene's Just Babies, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE AND ANY CONTENT ON THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; AND CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT Marlene's Just Babies DOES NOT REPRESENT OR WARRANT THAT THIS INTERNET SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS INTERNET SITE OR THE SERVER THAT MAKES THIS INTERNET SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Marlene's Just Babies DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS INTERNET SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS INTERNET SITE. Marlene's Just Babies DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.

LIMITATION OF LIABILITY


IN NO EVENT SHALL Marlene's Just Babies, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET SITE EVEN IF Marlene's Just Babies OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Marlene's Just Babies TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

"Errors, Inaccuracies or Omissions"


Marlene's Just Babies makes every effort to ensure that the Content on this Internet Site is complete and current. However, Marlene's Just Babies does not guarantee that the information contained on this Internet Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Marlene's Just Babies reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.

"Colours"


Please note that although Marlene's Just Babies attempts to display the colours of the product shown on this Internet Site as accurately as possible, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you.

"Delivery"


If shipping or delivery services are made available by Marlene's Just Babies, Marlene's Just Babies will endeavour to ship or deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that Marlene's Just Babies will not be held responsible for any delays in shipping or delivery. Where delivery is delayed, Marlene's Just Babies will notify you as soon as possible.

ENTIRE AGREEMENT


These Terms and Conditions, together with the Security and Privacy sections of this Internet Site, constitute the entire agreement between Marlene's Just Babies and you regarding the subject matter of this agreement.

SEVERABILITY


These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW


The Terms and Conditions as well as the use of this Internet Site, including any order or purchase made through this Internet Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein.