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Terms

Last updated: February 24th, 2017
Please read these terms and conditions (“terms”, “terms and conditions”) carefully before using the http://deworbaby.com website (the “service”) operated by Maeve Enterprises, LLC, d/b/a Dewor Baby (“us”, “we”, or “our”). Your access to and use of the service is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use the service.

By accessing or using the service you agree to be bound by these terms. If you disagree with any part of the terms then you may not access the service.

Online Site

We grant you a limited license to access and use the site for your personal use, and to copy, distribute and transmit the content of this site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the site for your personal use. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings or descriptions; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools. Except as permitted above, this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Dewor Baby. You may not use any meta tags or any other “hidden text” utilizing Maeve Enterprise, LLC, d/b/a Dewor Baby’s name or trademarks without the express written consent of Maeve Enterprise, LLC, d/b/a Dewor Baby any unauthorized use terminates the permission or license granted by Dewor Baby. We reserve the right to change any information, features and functions of the site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this site if you engage in any conduct or activities that we determine, in our sole discretion, violate these terms of service, our rights or the rights of any third party. Use of the site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.

Registration and Membership

To register and become a member of our site, complete the user survey, use your valid email address and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the site in a manner consistent with these terms of service and Maeve Enterprise, LLC, d/b/a Dewor Baby has no obligation to investigate the authorization or source of any such access or use of the site. You will be solely responsible for all access to and use of this site by anyone using your password and identification whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security. At the time of your first order, you will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our privacy policy, which is hereby incorporated into these terms of service. As a member, you agree to receive emails promoting any special offer(s). We may also send you our monthly newsletter from time to time. To cancel your membership, please email Dewor Baby support at support@deworbaby.com.

Billing and Payments

We accept the following bank or credit cards: visa and mastercard. For your convenience, we will save your bank or credit card information.
You may be charged local sales tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, client services may contact you directly to update your account information. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement. The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.

Return Policy

Dewor Baby will accept returns only for store credit and only in accordance with the return procedures below. We will issue you a store credit in the amount charged for the applicable product, but will not include the applicable delivery fee, which is nonrefundable. A restocking fee will also be applied. Store credit may only be used for future purchases of products on the site and are not transferable.
If the product arrives damaged, Dewor Baby will accept returns for a full refund only in accordance with the return procedures below. Provided that Dewor Baby confirms that your product was a damaged product and was returned in accordance with the return procedures below, your sole and exclusive remedy is that we will issue a refund to your credit card in the amount charged for the damaged product (if your credit card has already been charged for the product) or we will not charge your credit card for the damaged product. The refunded amount will include the applicable delivery fee.

The following sets forth the required “return procedures”: all returns must be made within 30 days after the product shipment date. All returned products must be unused and returned in accordance with the instructions received from contacting Dewor Baby support at support@deworbaby.com. You are solely responsible for the cost of shipping of the returned product. All products not returned in accordance with the return procedures shall be sent back to you and no credit or refund will be issued.

Promotions

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the service. The products or services available on our service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Intellectual Property

The service and its original content, features and functionality are and will remain the exclusive property of Maeve Enterprises, LLC d/b/a Dewor Baby and its licensors. The service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Maeve Enterprises, LLC d/b/a Dewor Baby.

Links to Other Web Sites

Our service may contain links to third-party web sites or services that are not owned or controlled by Maeve Enterprises, LLC d/b/a Dewor Baby.

Maeve Enterprises, LLC d/b/a Dewor Baby has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree Maeve Enterprises, LLC d/b/a Dewor Baby shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Submissions

We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Dewor Baby’s or its affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any original creative materials of any kind, including show designs, photographs, drawings or original artwork. If you send us creative ideas, suggestions or materials of any kind despite our request not to do so (an “unsolicited submission”), you acknowledge and agree that we may treat the unsolicited submission to be non-confidential and non-proprietary in each instance and in all respects. From time to time, we may solicit creative ideas, suggestions or materials from users of our Site or blog. If you at any time send, provide us with or post creative ideas, suggestions or any other materials in response to our request (each, a “requested submission” and together with unsolicited submissions, “submissions”), you acknowledge and agree that we may treat the requested submission as non-confidential and non-proprietary in each instance and in all respects. You agree that we have no obligation of confidence to you with respect to any submission and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas. You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions made by you shall be the sole property of Dewor Baby and will not be acknowledged or returned. You agree and understand that we are not obligated to use any submission you make and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials. You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

Notice Regarding Medical Advice

This site does not provide medical or other professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. The site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only. The site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site. If you think you may have a medical emergency, call your doctor or 911 immediately.

Termination

We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms.

All provisions of the terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Maeve Enterprises, LLC d/b/a Dewor Baby and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the service, by you or any person using your account and password, or b) a breach of these terms.

Limitation of liability

In no event shall Maeve Enterprises, LLC d/b/a Dewor Baby, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Warranty Disclaimer

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Maeve Enterprises, LLC d/b/a Dewor Baby its subsidiaries, affiliates, and its licensors do not warrant that a) the service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.

Dispute Resolution

Maeve Enterprises, LLC d/b/a Dewor Baby is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our Maeve Enterprises, LLC d/b/a Dewor Baby services at support@deworbaby.com. However, if you are dissatisfied with our customer service’s resolution of your matter, these Terms of Service provide that disputes will be resolved through binding arbitration or small claims court and our arbitration agreement, which is set forth below. We will abide by the terms of our current arbitration provision in all instances. YOU AGREE AND ACKNOWLEDGE THAT BY AGREEING TO THESE TERMS OF SERVICE, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ARE GIVING UP YOUR RIGHT TO LITIGATE THROUGH A COURT ACTION, TO HAVE A JUDGE OR JURY DECIDE YOU CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU HEREBY VOLUNTARILY CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. By using this Site, you expressly agree that any claim you may have against Dewor Baby must by brought in an individual capacity, and not as a plaintiff of class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”) and you expressly waive any ability to institute or maintain any Class Action in any forum. Accordingly, the arbitrator in any arbitration between you and Maeve Enterprises, LLC d/b/a Dewor Baby will not have any authority to combine or aggregate similar claims or conduct any Class Action, nor make an award to any person or entity not a party to the arbitration. Furthermore, you agree that any allegation by you that any part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Arbitration Agreement

These Terms of Service evidence a transaction or website that constitutes engagement in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Service. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Maeve Enterprises, LLC d/b/a Dewor Baby should be addressed to: Notice of Dispute, Maeve Enterprises, LLC d/b/a Dewor Baby, 17 Inglenook, Irvine, CA 92602 (“Notice Address”). You may download or copy a form Notice from Maeve Enterprises, LLC d/b/a Dewor Baby General Notice Form (PDF). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If you and Maeve Enterprises, LLC d/b/a Dewor Baby do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, you or Maeve Enterprises, LLC d/b/a Dewor Baby may commence an arbitration proceeding by filing a request for arbitration with the American Arbitration Association (“AAA”) its office location closest to your home, see https://www.adr.org/aaa/faces/s/contact/us.

We (Dewor Baby) and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
  • Claims that arise from these or any prior versions of our Terms of Service (including, but not limited to, claims relating to advertising);
  • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • Claims that may arise after termination of these Terms of Service.

For the purposes of this Arbitration Agreement, references to ” Maeve Enterprises, LLC d/b/a Dewor Baby “, “we” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies in accordance with applicable law.
During the arbitration, the amount of any settlement offer made by Maeve Enterprises, LLC d/b/a Dewor Baby or you prior to selection of an arbitrator shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Maeve Enterprises, LLC d/b/a Dewor Baby is entitled. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
The arbitration will be governed by the then-current AAA’s Consumer Arbitration Rules (the “AAA Rules”) as modified by these Terms of Service, and will be administered by AAA. The AAA Rules are available online at https://www.adr.org/aaa/faces/rules/searchrules. The arbitrator shall be bound by these Terms & Conditions. Unless you and we agree otherwise, any arbitration hearing will take place in the county (or parish) of your contact address, or as close thereto as is reasonably practicable. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the arbitration will be conducted by an in-person hearing.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal.
The arbitrator shall not award relief in excess of what these Terms of Service provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void.
You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Dewor Baby. You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.
Except as otherwise provided for herein, the party filing an arbitration claim will pay the required AAA filing file. AAA’ administration and arbitrator fees for any arbitration will be borne equally by the parties. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
Although we may have a right to recover attorneys’ fees and expenses in certain jurisdictions if we prevail in an arbitration, if you reside in California, or if otherwise prohibited by the laws of the jurisdiction in which you reside, we will not seek such an award.

Governing Law

These terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions and excluding the United Nations convention on contracts for the international sale of goods (cisg).
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have between us regarding the service.

Changes

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the service.

Contact Us

If you have any questions about these terms, please contact us at
By email: support@deworbaby.com
By mail:Maeve Enterprises, LLC d/b/a Dewor Baby
17 Inglenook, Irvine, CA 92602