Terms of Use

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. BY ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE, ANY OF OUR STORES, OUR NEWSLETTERS OR PLACING AN ORDER OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH LAVENDER SKY, LLC.

Introduction
Welcome to a Lavender Sky LLC web site. This web site, and the information, content, products and services it makes available (which, collectively are referred to as the "Web Site"), is provided to you by Lavender Sky LLC, a Wisconsin limited liability company, with its principal offices in Hartland, Wisconsin ("Lavender Sky" or "We"). These Terms of Use (this "Agreement") sets forth the terms and conditions governing your use of this Web Site.

Modifications to this Agreement
Lavender Sky may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site, including but not limited to the Lavender Sky Stores (including, but not limited to, DoulaShop.com, BellyGifts.com, and eBabyCarriers.com) (the "Store"), following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.

Contact Information
If you have any questions or concerns with respect to this Agreement or the Web Site you may contact a representative of Lavender Sky by e-mail office-of-the-president@lavenderskyllc.com or mail to: Lavender Sky LLC, Attn: Office of the President, N56W24790 N. Corporate Circle, Suite A, Sussex, WI 53089 USA.

Web Site Intended Audience
This Web Site is operated by Lavender Sky from its offices in the United States of America. This Web Site is directed to adults in the United States and is not intended for children under the age of thirteen.

Privacy
We describe our current practices related to personally identifiable information collected through the Site in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.

Your Use of Content and Information - Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Web Site. Some of the Content may be provided by Lavender Sky or its suppliers, and other Content is provided by persons who use the Web Site ("Users"), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Lavender Sky strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date, Lavender Sky cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Lavender Sky or its suppliers, or by Users of the Web Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers or reviewers, are those of the respective User or other third party and not of Lavender Sky. Lavender Sky does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site.

Lavender Sky does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Web Site.

Notwithstanding the foregoing, Lavender Sky will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

The content available via the web site is provided with the understanding that neither lavender sky nor its suppliers or users are engaged in rendering medical, counseling, legal, or other professional services or advice.

Such content is intended solely as a general educational aid. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment.

User-Submitted Content - Representations Made and Rights Granted
You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site. By doing so, you (1) represent and warrant to Lavender Sky that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content; (2) grant to Lavender Sky and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; (3) agree that you will comply with applicable laws and this Agreement; and (4) consent to all relevant acts or omissions in relation to your moral rights in such Content which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all your moral rights in such Content.

Ownership and Intellectual Property Rights
This Web Site is owned by Lavender Sky, LLC. All right to, title to, and interest in the Content available via the Web Site, the Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of Lavender Sky or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws. You must contact Lavender Sky to request permission to use content for commercial or non-commercial purposes.

License to Use Content
Lavender Sky grants you a nonexclusive, nontransferable, revocable, limited license to view and print Content retrieved from the Web Site only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of Lavender Sky. All rights not expressly granted in this Agreement are expressly reserved to Lavender Sky. You must contact Lavender Sky to request permission to use content for commercial or non-commercial purposes.

Trademark Notices
All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by Lavender Sky or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Lavender Sky or its affiliates without our prior written consent.

Your Contact With Advertisers or Other Third Parties and Other Web Sites
Your dealings with advertisers or other third parties found on or accessible through the Web Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Lavender Sky of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.

Lavender Sky does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Lavender Sky will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.

Disclaimer of Warranties With Respect to Web Site
The Web Site is provided on an "as is" and "as available" basis. Lavender sky expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and noninfringement.

Lavender Sky does not make any warranty that the web site will meet your requirements, or that access to the web site will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Lavender Sky makes no warranties as to the results that may be obtained from the use of the web site or as to the accuracy, quality, or reliability of any information obtained through the web site.

Limitations of Liability
Lavender Sky and its affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the content available via the web site or with regards to the performance of the products purchased from the store. You must evaluate, and bear all risks associated with, the use and performance of all products purchased from the store, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You specifically acknowledge that Lavender Sky is not liable for the defamatory, offensive or illegal conduct of users or third parties.

Additionally, in no event will Lavender Sky or its affiliates be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the web site or any item purchased at the store; (2) the cost of procurement of substitute services, items, or web sites; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on the web site; or (5) any other matter relating to the web site. These limitations will apply whether or not Lavender Sky has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

Product Information and Warranties
At Lavender Sky we strive to carry the quality products. Unless indicated otherwise, most products and services featured on the site are available directly from or through Lavender Sky. Lavender Sky has made a conscientious effort to display and describe its products and services on the site accurately so that you can get a good idea of their design and use, and of the services offered. Furthermore, Lavender Sky is constantly improving its information, products and services. Consequently, Lavender Sky cannot and does not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Products and services are the responsibility of the manufacturer or provider of those services and may be covered by the warranties offered by such manufacturers or providers. Lavender Sky does not offer any warranties beyond any such warranties, if there are any, offered by such manufacturers or providers. Please contact the manufactures or providers for any such warranty information regarding any products and services featured on the Lavender Sky site.

Indemnification
You agree to indemnify and hold harmless Lavender Sky, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Web Site.

Complaints Regarding Content
Regarding copyright infringement complaints, see our Notice and Procedure for Making Complaints regarding Copyright Infringement. With respect to complaints regarding content, see our Notice and Procedure for Making Complaints Regarding Content.

Your Account
You are responsible for maintaining the confidentiality of any passwords associated with your account(s), monitor all activity under the account(s), and assume full responsibility for all activities that occur under your account(s) .

Modification or Suspension of the Web Site
Lavender Sky may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.

Typographical Errors
In the event that a Lavender Sky LLC product is mistakenly listed at an incorrect price, Lavender Sky LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Lavender Sky LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Lavender Sky LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Termination
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Web Site. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of Wisconsin without giving effect to any principles of conflicts of law. Any legal action or proceeding between Lavender Sky and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Waukesha, Wisconsin, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Lavender Sky has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Lavender Sky’s Copyright Agent the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on the Web Site;
4) Your address, telephone number, and e-mail address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Lavender Sky’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at copyright-agent@lavenderskyllc.com or by mail at:

Lavender Sky LLC
ATTN: Copyright Agent
N56W24790 N. Corporate Circle, Suite A
Sussex, WI 53089 U.S.A.

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. Lavender Sky may remove or disable access to the material that is alleged to be infringing;
2. Lavender Sky may forward the written notification to such alleged infringer; and
3. Lavender Sky may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

Counter-Notification:
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Lavender Sky’s Copyright Agent.

To be effective, a Counter-Notification must be a written communication provided to the Lavender Sky’s Copyright Agent for Notice that includes the following information:
1. A physical or electronic signature of the alleged infringer;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Lavender Sky may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
1. Lavender Sky may promptly provide you with a copy of the Counter-Notification;
2. Lavender Sky may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
3. Lavender Sky may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Lavender Sky’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Lavender Sky’s network or system.

You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.

Notice and Procedure for Making Complaints Regarding Content
To notify Lavender Sky of Content that infringes your rights (other than copyright violations in which case please see above) or is otherwise unlawful ("Specified Content"), please provide Lavender Sky’s Content Compliance Agent the following information:
1. Your name, address, telephone number, and e-mail address;
2. A description of the Specified Content that you claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
3. A description of the exact location of the Specified Content on the Web Site;
4. (In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them;
5. (In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person's behalf; and
7. Your electronic or physical signature (as appropriate).

Lavender Sky’s Content Compliance Agent can be reached as follows: by e-mail at content-compliance@lavenderskyllc.com or by mail at:

Lavender Sky LLC
ATTN: Content Compliance Agent
N56W24790 N. Corporate Circle, Suite A
Sussex, WI 53089 U.S.A.

When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.

You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.