TERMS OF USE

Welcome to DiscountDiapersDirect.com (the "website" or the "Web Site"). This website is owned and operated by DiscountDiapersDirect.Com, Inc., its affiliates, agents and licensors (collectively, "we", "us", "our" or "DiscountDiapersDirect.com"). It’s important that you understand that your use of this website constitutes your consent to and your agreement to abide by the most current version of these terms and conditions (the "Terms"). We may revise these terms and conditions at any time by updating the Terms. By using our site, you agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up-to-date version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the website. We may also offer other services from time to time that are governed by different and/or additional terms and conditions. When you become a member of Discount Diapers Direct, for example, your customer relationship is governed by the Account Agreement, amended from time to time, and always accessible on the website.

PRIVACY

Our Privacy Policy Statement also governs your visit to DiscountDiapersDirect.com.

GRANT OF LICENSE

When you join Discount Diapers Direct, we grant you a single, non-exclusive, limited personal license to access and use the website on the condition that you continue to comply with the terms and conditions in these Terms. You cannot transfer or share your right to access or use of the website.

ACCESSING THE WEBSITE

With the exception of applications commonly known as Web Browser software, or other applications formally approved by DiscountDiapersDirect.com in writing, you agree not to use any software, program, application or any other device to access or log on to DiscountDiapersDirect.com’s computer systems, Web site or proprietary software. Neither can you automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from DiscountDiapersDirect.com's computer systems, Web site or proprietary software. DiscountDiapersDirect.com is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the website in particular.

You agree not to do any of the following: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.

A great deal of the information on the website is updated on a real-time basis and is proprietary or may be licensed to us by others. You may not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the website without our prior written permission, or that of the appropriate third party. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Discount Diapers Direct and our affiliates without express written consent. You may not use Discount Diapers Direct's name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying Discount Diapers Direct in any meta-tags, "hidden text", information used by search engines or other information tools to identify and select sites without the express written consent of Discount Diapers Direct.

INFORMATION AND PRODUCT DESCRIPTIONS

Research, statistics, data, news, stories, photographs, opinions and other information is made available on the website (collectively "Information"). We have prepared it or it has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the "Information Providers"). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through DiscountDiapersDirect.com, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). Neither Discount Diapers Direct, the Information Providers nor the Information Transmitters shall be held liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Discount Diapers Direct, the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the website. You understand that none of the Information available through the website constitutes a recommendation or solicitation to take or not take any particular action.

Further, Discount Diapers Direct does not warrant that product descriptions on the website are accurate, complete, reliable, current, or error-free. If a product offered by Discount Diapers Direct is not as described, you simply return it promptly in unused condition.

COMMUNICATIONS

You may be able to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Discount Diapers Direct reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant Discount Diapers Direct and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and/or content throughout the world in any media. You grant Discount Diapers Direct and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Discount Diapers Direct or its affiliates for all claims resulting from content you supply. Discount Diapers Direct has the right – but not the obligation – to monitor and edit or remove any activity or content. Discount Diapers Direct takes no responsibility and assumes no liability for any content posted by you or any third party.

Without excluding the aforementioned, Discount Diapers Direct is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Discount Diapers Direct for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

OTHER BUSINESSES AND LINKS

Parties other than Discount Diapers Direct and its subsidiaries may operate stores, provide services, or sell product lines on this site. In addition, DiscountDiapersDirect.com may provide a link to other services or sites as part of the website. Such sites are not under the control of Discount Diapers Direct, and Discount Diapers Direct makes no representations or warranties whatsoever of the offerings of any of these websites, businesses or individuals or the content of their websites. Unless we expressly state otherwise, the fact that Discount Diapers Direct has provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations.  We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DiscountDiapersDirect.com so long as the link does not portray DiscountDiapersDirect.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the Discount Diapers Direct logo or other proprietary graphic or trademark as part of the link without express written permission. Nor may you present the link to DiscountDiapersDirect.com in any way that suggests Discount Diapers Direct has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS

THIS SITE IS PROVIDED BY DISCOUNTDIAPERSDIRECT.COM, INC., ON AN "AS IS" AND "AS AVAILABLE" BASIS. DISCOUNTDIAPERSDIRECT.COM, INC., MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCOUNTDIAPERSDIRECT.COM, INC., DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DISCOUNTDIAPERSDIRECT.COM, INC., DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BRIGHT HORIZONS, LLC, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DISCOUNTDIAPERSDIRECT.COM, INC., WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You will indemnify and hold harmless Discount Diapers Direct and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors from any claim or demand, including attorneys' fees, made by any third party arising out of your violation of these Terms.

COPYRIGHTS

DiscountDiapersDirect.com, its content and compilation of content, and all software used on the website is owned by Discount Diapers Direct or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons are proprietary to Discount Diapers Direct or its affiliates or agents. The materials provided in this service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission. You may, however, download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Discount Diapers Direct’s, its affiliates' or its third-party information providers' copyrights and other proprietary rights.

MODIFICATIONS TO THE WEBSITE

Discount Diapers Direct reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the website with or without notice. Discount Diapers Direct will not be liable to you or to any third party for any such modification, suspension or discontinuance.

TERMINATION

If you fail to comply with any term or condition, the license granted under these Terms will terminate. Upon such violation, you agree to terminate access to the website. You further agree that Discount Diapers Direct, in its sole discretion and with or without notice, may terminate your access to any or the entire website, and remove and discard any information or content within the website. You also agree that Discount Diapers Direct will not be liable to you or any third-party for any termination of your access to the website.

GOVERNING LAW/SEVERABILITY

These Terms shall be subject to and construed in accordance with the laws of the State of Arizona, excluding its conflict of law principles. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

AGREEMENT TO ARBITRATE CONTROVERSIES

Any dispute concerning your visit to DiscountDiapersDirect.com or to products you purchase through DiscountDiapersDirect.com or by phone shall be submitted to confidential arbitration in Arizona, except that, to the extent you have in any manner violated or threatened to violate Discount Diapers Direct’s intellectual property rights, Discount Diapers Direct may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.