Welcome to World Booties. The world's most appreciated marketing idea.

TERMS OF USE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

This is a binding agreement (“Agreement”) between World Booties, LLC (“WB”) and each person who uses this website (“You” or “Your”). This Agreement governs Your use of this website (e.g. www.worldbooties.com) (the “Site”), including, without limitation, all content such as text, information, news, video, images, software and other downloadable material (collectively, the “Materials”), all products, including but not limited to, booties, plastic bags, displays, dispensers (the “Products”) and all services (the “Services”) made available to You through this Site by WB and/or third parties.

BY USING THIS SITE YOU AGREE TO THE TERMS OF THIS AGREEMENT.

OWNERSHIP OF MATERIALS: All Materials, Products and Services on this Site are provided by WB unless indicated otherwise. All intellectual property rights in the Materials, Products and Services (including copyrights, trademarks, service marks, trade dress, trade secrets and patents) are the property of WB. WB retains all copyrights in the individual pages, and their components, and collective works available at the Site.

The Materials, Products and Services are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without WB's prior written permission.

Trademarks including World Booties, the World Booties logo and the “Give Bacteria the Boot” service mark are property of WB. All other names and trademarks are the property of their respective holders.
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SINGLE COPY LICENSE: You may download one copy of the Materials found on the Site for use with the Products and/or Services. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials, Products or Services or use the Materials or Services for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software, Materials, Products or Services; (c) remove any copyright or other proprietary notices from the Materials, Products or Services; (d) transfer the Materials or Services to another person. You agree to prevent any unauthorized copying of the Materials, Products or Services.
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GENERAL DISCLAIMERS: THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL WB, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, CONSULTANTS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, PRODUCTS OR SERVICES, OR (2) RELIANCE ON THE CONTENT, MATERIALS, PRODUCTS OR SERVICES; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY WB OR WB'S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER WB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WB ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, PRODUCTS OR SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, (4) WILL ELIMINATE OR REDUCE THE RISK OF EXPOSURE TO DIRT, FUNGI, BACTERIA AND/OR FOREIGN OBJECTS OR(4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE AND/OR BY VIRTUE OF YOUR USE OF THE PRODUCTS AVAILABLE THROUGH THE SITE. Because some jurisdictions may not permit some or all of these disclaimers and limitations, the above limitations may not apply to You. WB may make changes to the Materials, Products or Services, or to the products described therein, at any time without notice. WB makes no commitment to update the Materials, Products or Services. Any description of Materials, Products or Services is not a representation that any such Materials, Products or Services are available for sale, use or distribution in Your location. WB may remove any Materials, Products or Services from this Site at any time.
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INDEMNITY: You agree to defend, indemnify and hold WB, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, consultants and agents harmless against any losses, expenses, costs or damages (including WB's reasonable attorneys' fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement or (2) Your unauthorized or unlawful use of the Site, the Materials, Products or the Services.
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LIMITATION OF LIABILITY: YOU FREELY AGREE TO ASSUME AND ACCEPT ANY AND ALL KNOWN AND UNKNOWN RISKS TO YOU AND TO THIRD PARTIES WHILE USING THIS SITE AS WELL AS USING THE MATERIALS, PRODUCTS AND/OR SERVICES ON OR AVAILABLE THROUGH THIS SITE. WB, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, CONSULTANTS AND AGENTS SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE. YOU AND WB AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND WB. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WB WOULD NOT PROVIDE THE SITE, PRODUCTS AND/OR SERVICES TO YOU.
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USER SUBMISSIONS: You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Unless otherwise agreed in writing prior to Your submission and except as set forth in the Privacy Policy incorporated herein by reference, any material, information or other communication You transmit or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. WB will have no obligations with respect to the Communications. WB and its designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. WB hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by WB in its sole discretion and without further notice.

You understand and agree that the use, retention and dissemination of any of Your personal information provided to WB is subject to and governed by WB's Privacy Policy, located on the Site.
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COOPERATION WITH GOVERNMENT AUTHORITIES: WB takes your anonymity seriously. However, if necessary and in accordance with applicable law, WB will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, WB, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, consultants, agents and operational providers, from the unauthorized use of this Site.
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LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of WB and WB is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. WB reserves the right to terminate any link or linking program at any time. WB has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and WB shall not be responsible for notification of any change in name or location of any information on the Site.
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DEALINGS WITH ADVERTISERS: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. YOU AGREE THAT WB, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, CONSULTANTS AND AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF SUCH ADVERTISERS ON THE SITE.
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APPLICABLE LAWS: This Site is controlled by WB from its offices within Newton, Massachusetts. WB makes no representation that Materials, Products or Services in or made available through this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials, Products or Services in violation of United States export laws or regulations. Any claim relating to the Materials, Products or Services shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
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DISPUTE RESOLUTION: Any dispute between WB and You arising out of this Agreement shall be resolved first by direct communication with one or more of WB's representatives. Should WB and You be unable to resolve the dispute by communication, either WB or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of WB's headquarters and pursuant to Massachusetts law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
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ENTIRE AGREEMENT: This Agreement, including the WB Privacy Policy as found on the Site, contains the entire agreement between You and WB relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any document or form originated by You relating to the subject matter hereof, or (2) statements of any of WB's employees. WB reserves the right to make changes to this Agreement at any time without advance notice. WB agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that this procedure for giving notice of amendments to this Agreement is reasonable.
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TERMINATION: Your right to access and use the Site, Materials, Products and/or Services immediately terminates without further notice upon Your breach of this Agreement. WB may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 18 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. WB reserves the right to discontinue or make changes to the Site, Material and/or Services at any time.
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ASSIGNMENT: WB may assign this Agreement, in whole or in part, in its sole discretion.
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WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
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NOTICE: WB may deliver notice to You under this Agreement by means of electronic mail, a general notice on www.worldbooties.com or by written communication delivered by first class U. S. mail to Your address on record in WB's account information. You may give notice to WB at any time via electronic mail to sales@worldbooties.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

World Booties, LLC
119 Gordon Road
Newton, Massachusetts 02468

If You object to any material found on this Site, please bring Your concerns to sales@worldbooties.com
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HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
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INVALIDITY: If any provision of this Agreement shall be determined to unenforceable as applied to any particular case or circumstance, the provision or provisions in question shall not be unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become unenforceable and such provision shall be reformed so that it would be enforceable to the maximum extent permitted in such circumstances.
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WARNING: TO AVOID DANGER OF SUFFOCATION, KEEP PRODUCTS AWAY FROM BABIES, CHILDREN AND PETS. ALWAYS USE EXTREME CAUTION WHEN USING THE PRODUCTS.

Terms of Use Effective Date: May 1, 2008