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LEGAL DISCLAIMER

Welcome to Human + Mother and www.humanmother.com. Human + Mother maintains this site to provide information about the company and its products. Your use of this Site (including any purchase via this site) is governed by these Terms of Use, so please read them carefully. Please take some time to read our baby carrying safety guidelines. 

This Site is for informational and purchase purposes only. By using this Site you acknowledge that you have read these Terms of Use and that you accept them, as they may be modified from time to time, as posted on this Site. When Human + Mother makes such a modification, we will post a revised version of these Terms of Use on this Site. Changes are effective when posted. Human + Mother is not required to provide notification that it has made any such change. It is your responsibility to review these Terms of Use from time to time to be aware of any changes. Your continued use of the Site or the products of Human + Mother indicates your agreement to any such change. We reserve the right to add to, remove, change, or terminate access to any of the content or functions of the site without giving specific notice. If you do not agree to the Terms of Use, you should not use this Site or purchase products via this Site. The term “Human + Mother" or “us” or “we” or “our” refers to Human + Mother, the owner of the Web site. The term “you” refers to the user or viewer of our Site.

The Human + Mother Wrap are not safety devices on their own; they are designed to assist parents in carrying their babies. Parents are ultimately responsible for the safety of their child while he or she is in the wrap.

1. Copyright of Site Content.

All Site content, including text, graphics and layouts, is the property of Human + Mother and is protected by Canada and international copyright laws. No portion of this Site may be reproduced, copied, sold, visited, or otherwise used for any commercial purpose without the express written consent of Human + Mother. The content of this Site may be printed, copied, viewed, downloaded, saved to disk for private use and otherwise used solely for personal informational purposes, providing embedded copyright notices are NOT removed from the images. No Site content may be altered in any way. 

2. Not Responsible for Links.

This Site may contain links to and from other Internet sites. These sites are independent of Human + Mother and Human + Mother has no control over, or responsibility for, the content, functioning, operation, policies, or availability of such sites.

3. Disclaimer Regarding Information on this Site.

Human + Mother strives to make certain the information available on this site is up to date, but Human + Mother assumes no liability or responsibility for any errors or omissions in the content of this Site. Human + Mother specifically disclaims any duty to update the information on this Site.

4. Emails and Confidentiality.

Human + Mother will treat emails sent by visitors to our company via this website as confidential to the extent required by law whether or not the sender retains our company. However, any feedback or suggestions, written or oral, directed to Human + Mother concerning the site itself or our products become the property of Human + Mother.

5. Linking to the Site.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

6. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

7. No Warranties Regarding this Site.

Human + Mother provides and maintains this Site on an AS AVAILABLE basis. We make no representations or warranties of any kind, express or implied, as to the operation or availability of this Site.

8. Disclaimer of Warranties Relating to Your Use of this Site.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HUMAN + MOTHER. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HUMAN + MOTHER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HUMAN + MOTHER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT HUMAN + MOTHER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ALLEGEDLY ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE THEORY OF LIABILITY ASSERTED. HUMAN + MOTHER IS NOT LIABLE FOR ANY CLAIM BY ANY THIRD PARTY NO MATTER WHAT THEORY OF LIABILITY IS ASSERTED. THE INTENT OF HUMAN + MOTHER TO LIMIT ITS POTENTIAL LIABILITY TO MAXIMUM EXTENT ALLOWED BY LAW.

9. Venue for Legal Action Will Be in Ontario.

In any legal action in any way arising out of your use of this site, your purchase of any product via this site, or any subsequent relationship with Human + Mother, you agree that the exclusive venue shall be in the Province of Ontario, Canada, or if federal jurisdiction is mandatory, in the Federal Court of Canada in Ottawa, Ontario, Canada.

10. Indemnification; Attorney’s Fees and Costs.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site. In any lawsuit arising out of your purchase of our products, if we prevail, you shall pay our actual and reasonable attorney’s fees and costs.

11. Nontransferable.

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

12. Limitation of Liability Arising Out of Your Use of this Site and any Purchase via this Site; Disclaimer of Warranties.

(A) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable or purchased via this site, (b) the unavailability or interruption of the Site or any features of this site, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.

(B) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN, INCLUDING ANY PURCHASE, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HUMAN + MOTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT HUMAN + MOTHER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ALLEGEDLY ARISING FROM YOUR USE OF ITS PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE THEORY OF LIABILITY ASSERTED. HUMAN + MOTHER IS NOT LIABLE FOR ANY CLAIM BY ANY THIRD PARTY NO MATTER WHAT THEORY OF LIABILITY IS ASSERTED. THE INTENT OF HUMAN + MOTHER TO LIMIT ITS POTENTIAL LIABILITY FROM THE USE OF ITS PRODUCTS TO MAXIMUM EXTENT ALLOWED BY LAW.

13. Privacy Policy.

Our Privacy Policy is a part of this Agreement. You must review this Privacy Policy, as it may change from time to time, by clicking on Privacy Policy.

14. Payments.

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

15. Refund and Return Policy.

Our Refund and Return Policy is a part of this Agreement. You must review our Refund and Return Policy, as it may change from time to time, by clicking on Return Policy.

16. Service Marks.

Human + Mother, www.humanmother.com and others are our service marks or registered service marks or trademarks. The mark “Human + Mother” is the Trademark of Human + Mother with registration pending approval of the Canada Office of Patents and Trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

17. IMPORTANT SAFETY WARNING.

The Human + Mother baby wrap is not a safety device on its own; it is designed to assist parents in carrying their babies. Parents are ultimately responsible for the safety of their child while he or she is in the wrap.

18. Governing Law.

The laws of the Province of Ontario govern these Terms of Use and any issues arising out of them or your use of this site.

19. Severability.

If any clause or provision of these Terms of Use is held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall be and remain in full force and effect.

20. Captions.

The captions of each section are for convenience only and shall have no effect in the construction of any provision of these Terms of Use.

21. Waiver.

Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized person of Human + Mother.

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