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Terms of Use

By using this website, you (“User”) agree to the following terms and conditions (“Terms”):

1.      General Conditions

1.1               This website is operated by My Twins are Cuter, a Pennsylvania Limited Liability company (“MTAC”). The terms “we”, “us” and “our” refer to the same.

1.2               By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

1.3               You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.4               Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1.5               Third Party Links. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct to third-party websites that are not affiliated with MTAC. MTAC is not responsible for examining or evaluating the content or accuracy and does not warrant and shall not be liable or responsible for any third-party materials or websites, or for any other materials, products, or services of third-parties. MTAC shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

1.6               Termination. Gymboree may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Gymboree's you fail to comply with any term or provision of this Agreement.

2.      Intellectual Property

2.1               Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by My Twins are Cuter, LLC. The web site as a whole is protected by copyright and trade dress. All worldwide rights, title and interests are reserved.

2.2               My Twins are Cuter, MTAC, and all other MTAC trademarks appearing at this Site are trademarks of My Twins are Cuter, LLC. The Contents of this site is intended solely for personal, non-commercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents, the site, or any related software.

3.      Products and Sales

3.1               Display. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any color or texture or detail of actual merchandise will be accurate.

3.2               Limits on Sales. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

3.3               Purchasing Engine. Shopping cart and checkout services are powered by Bigcommerce Pty, Ltd.

4.      Warranty and Liability

4.1               Disclaimer. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT, TO THE EXTENT PERMITTED BY LAW, GYMBOREE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

4.2               Indemnification. You agree to defend, indemnify and hold MTAC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any claim by a third party that your Comments infringe the third party's rights.

5.      Miscellaneous

5.1               Unless otherwise specified and except to the extent MTAC products are offered for sale in the continental United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting MTAC's products and services available in the continental United States.

5.2               Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

5.3               Governing Law. This Agreement shall be construed in accordance with the laws of the State of Pennsylvania, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Pennsylvania.



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