Terms and Conditions

Your use or access of the website located at www.nurserychatter.com (“Nursery Chatter” or the “Website”) is conditioned upon your acceptance of this Terms and Conditions of Use Agreement, our Privacy Notice located at www.nurserychatter.com/privacy-statement/, which is hereby incorporated by reference, and the other policies set forth on the Website (collectively, the “Terms of Use”).  If you do not understand or have questions about the Terms of Use, immediately stop all use of the Website and contact customer support.  Your use of the Website indicates that you have read the Terms of Use in its entirety and agree to be bound by the most current version of this Terms of Use. 

The Terms of Use apply only to the Website and do not apply to any other websites that are linked to the Website.  For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites.  The Terms of Use are subject to change at any time by us, without prior notice to you, by our posting them on the Website.  It is your obligation to review the Terms of Use before accessing the Website.  Any changes to the Terms of Use will be effective immediately upon our posting them to the Website, unless otherwise stated.

Definitions

For the purposes of this Terms of Use, the following definitions apply:  

“Affiliates” refers to companies and divisions that own or are under the ownership of Nursery Chatter.

“Graphics” includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.  

“Programming” includes, but is not limited to, both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages,  VBScript, databases, etc.) used on the Website.  

“Text” includes all text on every page of the Website, whether editorial, navigational, or instructional.  

“you” or “your” refers to the person accessing the Website and agreeing to this Terms of Use.

Use of This Website

This Website is designed to provide a destination for parents and expectant parents to read and engage in respectable dialogue about preparing for baby and general parenting topics.  Use of this Website is a privilege. Users who violate this Terms of Use may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion. 

When you submit content to us, you agree and represent that you have created this content, or that you have received permission from, or are authorized by, the owner of any part of the content to submit it to us. By submitting content to us, you are granting Nursery Chatter and its Affilliates an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish or transmit, or to authorize third-parties to use, publish or transmit your content in any format and on any platform, either now known or hereinafter invented. We, or authorized third parties, reserve the right to refuse to publish, cut, crop or edit your content at our or their sole discretion. We may remove your content from use at any time.

You may not collect or use any portion of the content of this Website in any derivative way, or download, or copy information or other matter for use of any other party.  You may not gather information and data on the Website from mining, robots or other extraction tools.  The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website except with our explicit, written permission.  In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law.  You also may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users.  You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website.  Any unauthorized use terminates the permission or license granted by Muniré Furniture, in addition to all rights at law or in equity.

You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with this Website any material that is unlawful or for illegal activity. You agree not to use this Website to do any of the following:

  • Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise unlawful;

  • Harm or exploit children;
  • Advocate illegal activity or an intention to commit an illegal act;
  • Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
  • Email or transmit content that constitutes a “pyramid” or similar scheme;
  • Email or transmit content that infringes on the Intellectual Property (as defined below) or the right of any entity or person;
  • Advertise or otherwise engage in any commercial endeavor without the Website’s explicit, written permission;
  • Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or
  • Disrupt the normal flow of communications or affect the ability of others to engage in activities via this Website.

Nursery Chatter reserves the right to monitor the use of this Website to determine compliance with the Terms of Use, to refuse to accept submitted information for any reason, and to suspend or terminate your access to the Website, for any or no reason and at any time. Nursery Chatter further reserves the right to seek any remedy available at law or in equity for any violation of the Terms of Use. You remain solely responsible for the content of your submissions and acknowledge and agree that Nursery Chatter shall not be liable to you or to any third party if Nursery Chatter refuses to accept your submitted information or terminates your access to the Website.

Nursery Chatter reserves the right to cooperate with any law enforcement authorities or court order requesting or directing Nursery Chatter to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate the Terms of Use. You agree to waive and indemnify and hold Nursery Chatter harmless from and against any and all claims whatsoever resulting from or in connection with any action by Nursery Chatter regarding any investigations either by Nursery Chatter or law enforcement authorities.

Miscellaneous

The Terms of Use and Privacy Notice constitute the entire understanding between Nursery Chatter and you with respect to the use of the Website. We control and/or operate the Website from offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  The Terms of Use and/or Privacy Notice shall be construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules, and you hereby submit to the personal jurisdiction of the federal and state courts located in New Jersey.  No waiver by Nursery Chatter of any breach or default under the Terms of Use and/or Privacy Notice shall be deemed to be a waiver of any preceding or subsequent breach or default.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use or Privacy Notice is found to be unenforceable for any reason, than such provision shall be deemed severable from the Terms of Use or the Privacy Notice, as the case may be, and shall not affect the validity and enforceability of any remaining provisions.

Procedure for Making and Responding To Claims of Copyright Infringement 

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to Website’s designated agent noted below (the “Designated Agent”).  If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent. 

In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works on  Website are covered by a single notification, a representative list of such works at that Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and  information reasonably sufficient to permit Website to locate the material; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

The Designated Agent for notice of claims of copyright infringement can be reached as follows: 

By mail: 

91 New England Avenue
Piscataway, New Jersey 08854
USA

By E-mail: info@nurserychatter.com

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

Information You Provide to Nursery Chatter via this Website

If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Notice. 

In order to facilitate communications between you and Nursery Chatter, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. Nursery Chatter shall have no liability whatsoever for any unaccepted or unprocessed submissions, or for any loss or damage arising from or in connection with any unauthorized use by third parties of any information that you send by email.  If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.

Viruses and Transmission of Sensitive Information

Nursery Chatter cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. Nursery Chatter does not assume any responsibility or risk for your use of the Internet, nor does Nursery Chatter assume any responsibility for any products or services or hyperlinks to third parties, including those submitted by users of the Website.

Intellectual Property

Nursery Chatter owns any and all intellectual property rights relating to the Nursery Chatter brand, trade name, trade dress, and other content including:  copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the Nursery Chatter brand image, as well as all of the Text, Graphics, Programming, photographs, video and audio contained herein (the “Intellectual Property”). Your use of the Website does not grant you any rights or licenses relating to the Nursery Chatter Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use.  All product names, names of services, trademarks and service marks are the property of their respective owners, as indicated.

None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the content, or use it in any other way for public or commercial purpose.  The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming.

Disclaimer of Warranties & Limitations of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website.  Your use of the Website, and the obligations and liabilities of Nursery Chatter in respect of your use of the Website, is expressly limited as follows:

DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE AND RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK. 

NURSERY CHATTER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU AND NOT NURSERY CHATTER ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ITS CONTENT. NURSERY CHATTER DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE.  THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND NURSERY CHATTER MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME.  

NEITHER NURSERY CHATTER NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NURSERY CHATTER AND ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING, OR DOWNLOADING OF ANY MATERIALS, DATA TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NURSERY CHATTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF NURSERY CHATTER TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY SERVICES OFFERED ON THE WEBSITE OR U.S. $100.00.

Release and Indemnification

You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release Nursery Chatter and each of its officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website or (2) the use of any information accessed by you from this Website.

You agree to indemnify and hold Nursery Chatter and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third party due to or arising out of (1) your use of this Website, (2) information that you submit, transmit, or otherwise make available via this Website, or (3) your breach of this Terms of Use.

You agree to indemnify, defend and hold Nursery Chatter harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms of Use.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.

General Information

Entire Agreement. These Terms of Use, together with the Privacy Notice and the policies on the Website, constitute the entire agreement between you and Nursery Chatter governing your use of this Website, superseding any prior agreements between you and Nursery Chatter with respect to this Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services of Nursery Chatter.

Choice of Law. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New Jersey. You agree to submit to the personal and exclusive jurisdiction of the courts located in New Jersey. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.  

Waiver and Severability. The failure of Nursery Chatter to enforce any right of the provisions in the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use, and the Terms of Use shall be construed without regard to the invalid, illegal, or unenforceable provision.