Terms & Conditions

Introduction

Welcome to the Vavasoo® Rocking Bassinet website (the “Site”). The Site provides information about and sells the Vavasoo® Rocking Bassinet and related products (collectively, the “Products”).

The Site is owned and operated by Vavasoo LLC (“Vavasoo,” “we,” “us” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Site and apply to all visitors, users and others who access the Site (“Users”).

Please read these Terms carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms and represent that you have read and understand these Terms. If you do not agree to these Terms, you may not access or use the Site.

Use of the Site

Eligibility: The Site is intended solely for Users who are 18 years of age or older. Any access to or use of the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By accessing or using the Site, you represent and warrant that you are 18 or older.

Access: We reserve the right to withdraw or amend the Site, and any service or material provided on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

Use: We grant you a limited, revocable, nonexclusive, nontransferable license to access and make personal use of the Site in accordance with these Terms. No portion of the Site may be reproduced, duplicated, copied, resold or exploited for any commercial purpose without our express prior written consent.

Prohibited Activities: You may not access or use the Site for any purpose other than that for which we make the Site available. As a User, you agree not to:

Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
Access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
Violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology that is not open source;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
Frame or mirror any part of the Site without our express prior written consent;
Use any meta tags or other hidden text or metadata utilizing a Vavasoo name, trademark, URL or product name without our express prior written consent;
Use the Site for any commercial purpose, including selling or advertising any products or services or commercially exploiting any content from the Site (except with our prior written consent);
Systematically copy and/or store any content from the Site;
Use any data mining, data gathering or extraction method, including robots, to collect any portion of the Site or the content;
Post, upload or publish User Content (as defined below) that infringes or violates someone else’s rights or otherwise violates any laws;
Post, upload or publish User Content that is defamatory, libelous, knowingly false, abusive, threatening, unlawfully harassing, discriminatory, tortious or vulgar;
Impersonate any person or entity, falsely claim an affiliation with any person or entity or access the Site accounts of others without permission; or
Violate any applicable law or regulation.

Account Registration: You may browse the Site without registering for an account. However, to purchase Products on the Site, you must register and create an account.

When registering, you agree to (a) provide accurate, current and complete account information about yourself as prompted by our registration form (including your email address) and (b) maintain and promptly update your account information (including your email address) to keep it accurate, current and complete.

You acknowledge that if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You agree to immediately notify us of any unauthorized use of your account.

User Content

The Site may include interactive areas or services (“Interactive Areas”) that allow Users to post, submit, publish, display or transmit content, including feedback, reviews, comments and suggestions (collectively, “User Content”).

User Content is considered non-confidential and non-proprietary. By providing any User Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties your User Content for any purpose/in any manner.

You represent and warrant that:

You own or control all rights in and to your User Content;
You have the right to grant the license granted above to us;
Your User Content does not violate the Acceptable Use Policy (below);
Your User Content does not violate any law or infringe any rights of any third party, including intellectual property rights, privacy or publicity rights; and
Your User Content does not contain any viruses, spyware, malware or other harmful components.

You understand and agree that we are not obligated to use your User Content and we may remove it for any reason, without notice to you and at our sole discretion. We may also access, read, preserve and disclose any information that we obtain in connection with your User Content to comply with law or court order; enforce these Terms; respond to claims that any User Content violates rights of third parties; or protect our, our Users’ or third parties rights, property or personal safety.

Acceptable Use Policy

By using the Site, you agree not to:

Post, upload or distribute any User Content that is defamatory, libelous, inaccurate, unlawful, infringing or otherwise objectionable;
Post, upload or distribute any User Content that contains proprietary or confidential information about any person or entity without their express authorization;
Post, upload or distribute any User Content that contains viruses, corrupted files or any other similar software or programs that may damage the operation of the Site or other Users’ computers, devices or property;
Violate the privacy or publicity rights of any other person or entity, or breach any duty of confidentiality that you owe to any other person or entity;
Interfere with or disrupt the Site or servers or networks connected to the Site;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Conduct or forward surveys, contests or chains or mass mailings;
Download any file, content or software from the Site that you know or reasonably should know cannot legally be distributed;
Reproduce, duplicate, copy or reuse any portion of Site content other than as expressly authorized on the Site;
Advertise or offer to sell any goods or services for any commercial purpose through the Site that are not expressly authorized;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available through the Site.

Intellectual Property Rights

The Site and all of its original content, features and functionality are owned by us and our licensors and are protected by international copyright, trademark, trade dress, patent and other intellectual property rights and laws to the fullest extent possible.

We grant you a limited, personal, revocable, non-assignable, non-exclusive, royalty-free license to access and use the Site conditioned on your continued acceptance of and compliance with these Terms. You have no other rights in or to the Site.

You agree not to reproduce, duplicate, copy, modify, create derivative works of, publish, display, republish, upload, post, transmit or distribute any of our intellectual property in any way without our prior written consent. Any use of the Site not expressly permitted herein is prohibited and will terminate the rights granted to you. Modification or use of the Site for any other purpose may violate our intellectual property rights.

The trademarks, logos, service marks and trade names displayed on the Site are our registered and unregistered trademarks and those of our third-party licensors. Under no circumstances may you alter, modify or change these trademarks without our prior written consent. “Vavasoo” and the Vavasoo logo are examples of our trademarks. All goodwill generated from your proper use of our trademarks shall inure to our benefit.

If you provide feedback, suggestions and recommendations to us regarding the Site, Products or other matters (“Feedback”), you grant us a worldwide, royalty-free, irrevocable license to use, reproduce, modify, distribute and disclose the Feedback in any manner and exploit any intellectual property rights (but not any confidential or proprietary information) in the Feedback.

Product Information

We make reasonable efforts to provide accurate information about Products available for purchase on the Site. However, we do not warrant that Product descriptions or other content on the Site is accurate, complete, reliable, current or error-free. The inclusion of any Products on the Site does not imply or warrant that these Products will be available when ordered. All purchases of Products are subject to availability and we reserve the right to discontinue or limit quantities of any Products. Prices for all Products are subject to change without notice.

Purchases

Order Acceptance: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order for any reason up until the time the ordered Products are shipped. We may require additional verification or information before accepting an order. We will contact you if additional information is required to accept your order. If your order is not accepted, we will refund you the full amount of any payment already made by you to us.

Prices: All prices posted on the Site are subject to change without notice. Price changes will not affect orders for which payment has already been received. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total before checkout. We strive to display accurate price information, but prices may differ from those displayed and the actual price charged to you.

Promotion Codes: Promotion codes are limited time offers that may provide discounts on qualifying purchases. If a promotion code is required to receive the advertised price or discount, then it will be stated on the applicable web page. Promotion codes are intended for single, one-time use by the recipient. We reserve the right to deactivate promotion codes if we determine that a promotion code is being used in a duplicative or abusive manner.

Payment: All purchases are subject to authorization by our payment processor prior to processing or acceptance. If we do not receive an authorization at the time of your order, we will not ship the Products or provide you access. We reserve the right to decline an order for any reason, including suspected unauthorized or fraudulent acts.

Shipping: When your order has shipped, you will receive a shipment confirmation email with carrier tracking information. Please note that product shipping originates from different locations, such as stores or warehouses, so your order may arrive in separate packages at different times. You are responsible for providing an accurate shipping address. We cannot be liable for undelivered or misdirected shipments due to an incorrect or incomplete address. Customers are responsible for shipping costs; we do not ship orders COD. Expedited shipping options are available; please contact us for rates.

Title and risk of loss pass to the purchaser upon our transfer of the Products to the carrier. Shipping dates are estimates only; your order will deliver in accordance with carrier policies based on your destination and selected shipping method. We are not liable for carrier delays or delivery failures.

Returns: If you are not completely satisfied with your purchase, you can return most unopened Products in new condition within 30 days of delivery for a full refund of the purchase price. For health, hygiene and other reasons, certain Products are non-returnable. Please carefully review our Return Policy before making purchases.

Third-Party Links

The Site may contain links to third-party websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement nor recommendation by us. You access any such website at your own risk. We make no representations or warranties about the content, completeness, accuracy or validity of any information, judgments or opinions referenced or contained on third-party sites. We do not control or audit third party websites. You should conduct your own due diligence before relying on any information provided by a third party website. We are not responsible for the privacy practices or the content of third party sites.

Indemnity

You agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees, agents, vendors, licensors and partners from and against any claims, actions, demands, liabilities, damages, losses and expenses arising out of your breach or alleged breach of these Terms or your misuse of the Site. You will cooperate as reasonably required in our defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Disclaimers

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “CONTENT”) ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT WARRANT THAT THE SITE OR THE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE MAKE NO WARRANTIES THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS, OR THAT IT WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY OR REPRESENTATION. WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. USE OF THE SITE AND THE CONTENT IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THESE TERMS.

THE SITE MAY PRESENT INFORMATION THAT IS THE PROPRIETARY PROPERTY OF THIRD PARTIES, IS REPUBLISHED FROM THIRD PARTY RSS FEEDS OR IS A SUMMARY OF A THIRD PARTY TEXT. WE DO NOT AUTHOR SUCH THIRD PARTY CONTENT NOR HAVE ANY CONTROL OVER ITS ACCURACY. THEREFORE, WE DISCLAIM ALL LIABILITY FOR ANY INACCURACIES IN ANY THIRD PARTY CONTENT PRESENTED ON THE SITE.

Limitations on Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE, OUR LICENSORS OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING YOUR USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SO OUR LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON THE SITE. OUR MAXIMUM TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED $100.

THE LIMITATIONS IN THIS SECTION APPLY EQUALLY TO ALL LOSSES AND CLAIMS, HOWEVER CAUSED AND REGARDLESS OF LEGAL THEORY OR FORM OF ACTION (SUCH AS CONTRACT, NEGLIGENCE, PRODUCT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY). THE LIMITATIONS LIABLITY IN THESE TERMS SHALL SURVIVE INDEFINITELY AND APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY LIMITED REMEDY HEREIN.

Changes to the Terms

We reserve the right to revise these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Site. Your continued use of the Site constitutes acceptance of the revised Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We may modify, suspend or discontinue the Site at our sole discretion without notice or liability to you. We may change any information, features, Products or services offered through the Site at any time or discontinue the Site in its entirety.

Miscellaneous Provisions

Governing Law: These Terms shall be governed by the laws of the State of Tennessee without giving effect to any principles of conflicts of laws. You agree that any action arising out of or relating to these Terms shall be filed, heard and determined only in state or federal courts located in Davidson County, Tennessee. You hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

Notices: We may provide notices to you by email or regular mail to the address in our records. The provision of a notice by email is deemed given upon the email being sent. If provided by regular mail, notice will be deemed given three business days after mailing. It is your responsibility to promptly notify us of any change of your contact information.

No Waiver: Any failure by us to enforce these Terms or any provision herein is not a waiver of our right to do so later. Waiver of any breach or provision of these Terms must be in writing and shall not be deemed a waiver of any other breach or provision.

Severability: If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, you agree the remaining Terms shall not be affected and shall remain valid and enforceable to the fullest extent under the law.

Force Majeure: We are not responsible for any failure to perform due to causes beyond our reasonable control.

Assignment: We may assign our rights and duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.

Entire Agreement: These Terms, including documents incorporated herein by reference, represent the entire agreement between us and supersede all prior agreements and communications of the parties, oral or written, relating to the subject matter hereof.

Thank you for visiting Vavasoo® Rocking Bassinet. We hope you enjoy learning about and purchasing our innovative Products for your new bundle of joy. Please contact us with any questions.