Terms and Conditions of Use
These Terms and Conditions of Use ( "Terms") are a legal contract between Destination Maternity Corporation, a Delaware corporation ("Destination Maternity"), and you, the user accessing or using any Destination Maternity Corporation web sites , including, without limitation, those accessible through the URLs
http://www.destinationmaternitycorporation.com; http://www.apeainthepod.com; http://www.motherhood.com; http://www.motherhoodnursing.com; http://www.destinationmaternity.com; and http://www.edamamespa.com (the "Sites").
1. Restrictions on Use
Destination Maternity Corporation grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the "Content") on the Sites solely for your personal, non-commercial use. Destination Maternity Corporation may revoke such privilege at any time with or without notice for any reason or no reason. Any and all Content, software and other works on the Sites and any reproductions of any of the foregoing (collectively, the "Works") are the proprietary intellectual property of Destination Maternity Corporation and/or its suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the Content set forth above, Destination Maternity Corporation grants you no other privileges or rights in any of the Works. You may only use the Sites, the Content and the Works for personal, noncommercial purposes. Any commercial use of the Sites is strictly prohibited. You acknowledge that any other use of the Sites, the Content or the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of Destination Maternity Corporation, which may be withheld in its sole discretion, is strictly prohibited.
2. Third Party Web Sites
Destination Maternity Corporation may from time to time provide links and pointers on the Sites to web sites maintained by third parties ("Third Party Sites") and may from time to time provide third party material on the Sites. These Third Party Sites and third party materials are provided as a convenience only. Destination Maternity Corporation has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and Destination Maternity Corporation is not responsible for any information provided at any Third Party Sites. Destination Maternity Corporation makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that Destination Maternity Corporation has provided a link to any Third Party Site on any of the Sites does not constitute an endorsement, authorization, sponsorship or affiliation by Destination Maternity Corporation with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. Destination Maternity Corporation expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, any Third Party Site.
3. Forward Looking Statements
The Sites may contain forward looking statements as well as historical information. Forward-looking statements, which are included in accordance with the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995, may involve risks, uncertainties and other factors that may cause the actual results and performance of Destination Maternity Corporation in future periods to be materially different from any future results or performance suggested by the forward-looking statements in the Sites. These risks and uncertainties include, without limitation, risks identified in Destination Maternity Corporation's most recent Annual Report on Form 10-K, Quarterly Report on Form 10-Q and Interim Reports on Form 8-K, as filed with the Securities and Exchange Commission. Such forward-looking statements speak only as of the date set forth in the applicable Site. Destination Maternity Corporation expressly disclaims any obligation to update or revise any forward-looking statements set forth in any of the Sites to reflect any changes in Destination Maternity Corporation's expectations or results or any change in events.
4. Timeliness of Information
All press releases and other information contained on the Sites were, to the best of Destination Maternity Corporation's knowledge, timely and accurate when issued. However, the passage of time may render certain information incomplete or inaccurate. Destination Maternity Corporation is not responsible for any misconceptions which may result from the reading of dated material. You should carefully check the dates of issuance of the information contained on the Sites.
5. Adult Usage
The Sites are intended to be used by persons that are at least 18 years old. If you are younger than 18 years old, you may not access the Sites or order products or services from Destination Maternity Corporation via the Sites. If you are a parent or other person charged with the care of persons younger than 18 years old, you agree to restrict access to the Sites through your computers to persons who are at least 18 years old. If one of your children accesses the Sites and provides Destination Maternity Corporation with personally identifiable information, please contact us at email@example.com. Destination Maternity Corporation will use reasonable efforts to designate any personally identifiable information regarding your child as "Do Not Contact" in its databases.
7. Advertisers and Sponsors
The Sites are both advertiser and sponsor supported. Although Destination Maternity Corporation receives compensation from advertisers and sponsors (collectively, "Sponsors") on the Sites, Destination Maternity Corporation does not endorse the products or services of our Sponsors and makes no representations or warranties about the products or services of our Sponsors. You are solely responsible for your decision whether to click on advertising or sponsorship banners on the Sites and whether to make purchases from our Sponsors. You are solely responsible for payment of all costs or fees associated with the purchase of goods and services from our Sponsors.
8. Disclaimer of Warranties
YOUR USE OF THE SITES IS SOLELY AT YOUR OWN RISK. DESTINATION MATERNITY CORPORATION HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, THE SITES, AND THE PRODUCTS AND SERVICES PROVIDED BY THE SITES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN DESTINATION MATERNITY CORPORATION AND YOU.
9. Limitation of Liability
DESTINATION MATERNITY CORPORATION WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. UNDER NO CIRCUMSTANCES SHALL DESTINATION MATERNITY CORPORATION, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE SITES OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED THEREON. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, DESTINATION MATERNITY CORPORATION'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS AND/OR PURCHASE PRODUCTS THROUGH THE SITES.
You agree to indemnify, defend (at Destination Maternity Corporation's sole option) and hold harmless Destination Maternity Corporation and its directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including without limitation reasonable attorneys fees), expenses, settlements, and judgments that result from your breach of these Terms or your access to and use of the Sites.
Each of the Site URLs as well as Destination Maternity® Corporation, A Pea in the Pod®, Motherhood®, Motherhood Maternity®, Destination Maternity®, Edamame The Maternity Spa®, Oh Baby by Motherhood®, Motherhood Maternity Outlet®, A Pea in the Pod Collection®, Two Hearts® Maternity by Destination Maternity®, Secret Fit Belly® and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the "Marks") of Destination Maternity Corporation or its licensor. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from Destination Maternity Corporation. Without limiting the generality of the foregoing, Destination Maternity Corporation specifically prohibits the use of any Mark as a "hot" link to any Site unless the establishment of such a link is approved in advance by Destination Maternity Corporation in writing. Failure to obtain such approval shall entitle Destination Maternity Corporation to seek an injunction enjoining such use. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.
12. Information Provided by Third Parties; Feedback
Certain of the Sites contain information, recommendations and advice regarding various topics as provided by third parties. Any information provided on the Sites is of a general nature and is designed for educational purposes only. The information (including, without limitation, advice and recommendations) and services on the Sites are neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts. If you have any concerns about your own health or the health of your child, you should always consult with a physician or other healthcare professional.
All remarks, suggestions, ideas, graphics, or other information communicated to Destination Maternity Corporation through the Sites (together, the "Submission") will forever be the property of Destination Maternity Corporation. Destination Maternity Corporation will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Destination Maternity Corporation operations. Without limitation, Destination Maternity Corporation will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Destination Maternity Corporation will be entitled to use the Submission (including, without limitation, an edited version of the Submission) for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Destination Maternity Corporation, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Destination Maternity Corporation makes no representation or claim that any information on the Sites are appropriate or may be downloaded outside the United States of America. Access to the Sites and to any information thereon may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States of America, you do so at your own risk of liability under the laws of the United States or of your jurisdiction.
These Terms, together with our Privacy Policies and any other agreement that may be entered into by you and Destination Maternity Corporation in connection with a specific product or service of Destination Maternity Corporation, constitute the entire agreement between you and Destination Maternity Corporation and supersedes any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without the prior written consent of Destination Maternity Corporation. Destination Maternity Corporation may modify or amend these Terms and the Privacy Policies at any time without notice to you. You should regularly review these Terms for any modifications or amendments to these Terms as your continued use of the Sites after a modification or amendment signifies your assent and agreement to these Terms, as amended. If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms and your use of the Sites and any products and services provided by the Sites shall be governed by the laws of the United States of America and the Commonwealth of Pennsylvania, without giving effect to its conflicts of laws principles. The parties agree that the state courts and Federal District Courts located in or serving Philadelphia County, Pennsylvania shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from these Terms or your use of the Sites or any products and services provided by the Sites. The parties hereby expressly consent to the exercise of jurisdiction over them by such courts. To the fullest extent permitted by applicable law, each party to these Terms waives its, his or her right to a jury trial with respect to any action brought under or in connection with these Terms. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.
By using the pages in the Sites, you agree to these terms and conditions. If you do not agree, you should not use the Sites.