iBlankie Terms of Service

This Terms of Use Agreement is a legally binding contract. Therefore, please read it carefully before proceeding with your purchase.

By placing an order with iBlankie, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it.

If you do not agree to any of the terms below, Irene Shere, LLC, (herein known as "iBlankie") is unwilling to sell and distribute our products to you. If you are unwilling to accept all of the terms of this Agreement, you should not proceed with your purchase from iBlankie.

This Agreement ("Agreement") is made between "iBlankie" and the person ("You") who has an interest in acquiring one or more of the products, including, but not limited, to articles, books, pamphlets, and/or any other materials provided to you by "iBlankie" (the "Product") through its internet web site.

I. DESCRIPTION OF PRODUCTS

iBlankie provides information and resources for parents and professionals caring about and for young children.

II. FEES AND PAYMENTS

You agree to pay iBlankie the fee posted on the iBlankie internet web site (Site) at the time you acquire the Product. By completing and submitting the credit card or other payment authorization through the Site, you are authorizing iBlankie to charge the fees to the account you identify.

III. LIMITATIONS ON USE OF THE PRODUCTS

Every effort has been made to provide up-to-date, accurate and reliable information, but errors may exist. The articles and apps are sold with the understanding that iBlankie has no liability for any error, problem, or loss caused or alleged to have been caused directly or indirectly by any information or resource contained in these articles and apps. All rights reserved.

Each Product is a resource to help you learn more about raising young children. You should not use the Product to diagnose or treat any illness, injury, or health problem. Be sure to talk with your child's pediatrician about any questions or concerns you have about your child's health.

This information is not intended to diagnose health problems or to take the place of medical advice or care you receive from your child's pediatrician or other health care professional. If your child has persistent health problems, or if you have additional questions, please talk with your child's pediatrician.

IV. WARRANTIES AND LIMITATIONS OF WARRANTIES.

If you are not completely satisfied with any Product you have purchased, iBlankie will refund the full amount of any fees you have paid to it within the thirty (30) day period preceding your claim for refund. iBlankie undertakes commercially reasonable efforts to ensure that the information contained in the Products is current and accurate. iBlankie also undertakes commercially reasonable efforts to protect the confidentiality of the information you provide, in accordance with the privacy policy stated on the Site. However, iBlankie does not guaranty the confidentiality of such information against unauthorized third party access or system failure.

THE PRODUCT, AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THE FOREGOING, ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, IBLANKIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. IBLANKIE DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE THROUGH THE SITE.

V. LIMITATIONS OF LIABILITY.

iBlankie does not obtain any financial benefit from any of the books, brochures, or products mentioned in the product you may acquire. Any trade names that appear are used for easy identification purposes only.

The persons described in each Product are fictitious. Any resemblance to persons living or dead is completely coincidental.

IN NO EVENT SHALL IBLANKIE, ITS MEMBERS, EMPLOYEES, CONTRACTORS, OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE INACCURACY OF INFORMATION, TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE, AND/OR THE SITE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF IBLANKIE WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF IBLANKIE TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, THE SITE OR THE PRODUCT, EXCEED THE TOTAL FEES PAID TO IBLANKIE BY YOU DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND IBLANKIE RELATING TO THE SALE OF THE PRODUCT TO YOU AND IBLANKIE WOULD NOT PROVIDE THE PRODUCT TO YOU WITHOUT THIS LIMITATION.

VI. YOUR OBLIGATIONS

Your warrant and represent that you are acquiring the Product for your personal and family use, and that you will not utilize the same for any commercial purposes, nor will you make copies of the Product, whether in paper or electronic form, nor will you distribute the same to any other person.

While you use the Site, you will not:

1. restrict or inhibit any other user from using and enjoying the Site;
2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by iBlankie) or engage in spamming or flooding;
4. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
5. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
6. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
7. upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto.

A password and/or unique user I.D. will be provided to you. You are responsible for maintaining the confidentiality of such passwords and/or user I.D., and you agree that you will be responsible for all use of any such password and/or user I.D., including any access to, or use of, the service by unauthorized persons. In the event that your password and/or user I.D. is lost or stolen, please notify iBlankie immediately so that a new password or user I.D. may be issued promptly.

iBlankie has no obligation to monitor the Site. However, you acknowledge and agree that iBlankie has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. iBlankie reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.

Other than the personal information submitted by you for the purpose acquiring the Product, any communications or material of any kind, including data, questions, comments or suggestions, that you e-mail, post or otherwise transmit through the Site will be treated as non-confidential and nonproprietary. iBlankie reserves the right to share certain account or other information with governmental organizations or other third parties when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of iBlankie or others.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS IBLANKIE AND ITS AFFILIATES AND MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY IBLANKIE AND RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SITE WITH YOUR PASSWORD.

VII. EFFECTIVE DATE

This Agreement will become effective and binding, when you have acknowledged your acceptance of all the terms and conditions herein by clicking the acceptance dialog on the Site. VIII. MODIFICATION OF TERMS.

iBlankie may change the terms of this Agreement from time to time. You will be notified of any such changes via your accessing of the Site through your review and acceptance of the terms and conditions as they appear at the time. If you object to any such changes, your sole recourse will be to decline to acquire any additional Product.

IX. MODIFICATIONS TO PRODUCT LINE.

iBlankie reserves the right to modify or discontinue the sale of any of its Products at any time without notice to you.

X. OWNERSHIP

iBlankie retains all right, title and interest in and to the content and materials provided to you by iBlankie. You agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by iBlankie, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner's prior written consent.

Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to iBlankie, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to iBlankie or any of its employees or representatives automatically become the property of iBlankie.