This policy was last updated on September 28, 2009. PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE SIZETRACKER WEBSITE AND SERVICES CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE SIZETRACKER WEBSITE AND ALL SERVICES OFFERED THROUGH THE SIZETRACKER WEBSITE OR BY SIZETRACKER ON OTHER WEBSITES. Introduction Welcome to SizeTracker. The SizeTracker website is owned and operated by SizeTracker LLC, which also owns the SizeTracker service mark. This web site, and the information, content, product listings and services it makes available (which, collectively are referred to as the "Site"), are provided to you by SizeTracker LLC, d/b/a SizeTracker, a Utah limited liability company with its headquarters in Salt Lake City, UT. These Terms of Service ("TOS") apply to all users of the SizeTracker website. By using this Site (including any content posted on the Site), you signify your acceptance of these TOS, as well as the SizeTracker Privacy Policy, which are incorporated by reference into these TOS and made a part hereof. SizeTracker reserves the right to update or change these TOS at any time by posting the most current version of the TOS on the Site. Your continued use of the Site after we post any changes to the TOS signifies your agreement to any such changes. If you do not agree to these TOS, you must discontinue using the Site and terminate your membership in SizeTracker. This Site is owned and operated by SizeTracker LLC, d/b/a SizeTracker. All references to SizeTracker herein shall be deemed to include SizeTracker LLC. Changes to Terms of Service Notice SizeTracker reserves the right to update or modify the TOS without advance notice by posting a revised version to this Site. Your continued use of the Site indicates your consent to the version of the TOS then in effect. You can determine whether the TOS has been modified since your last visit by checking the “Last updated” date at the top of the Agreement. Contact Information If you have any questions or concerns with respect to this Agreement or the Site, you may contact SizeTracker by using our contact form. Web Site Intended Audience THIS IS A WEBSITE FOR PARENTS AND GIFT-GIVERS, OFFERING THEM AN ENVIRONMENT IN WHICH TO TRACK A CHILD'S GROWTH, DETERMINE APPAREL SIZING, SHARE INFORMATION, AND SHOP FOR PRODUCTS THAT FIT. TO USE THIS SITE AND THE SERVICES OFFERED, YOU MUST BE 13 YEARS OLD OR OLDER. BY ACCESSING THIS SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 13 YEARS OF AGE. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED. 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. Registering as a Member You do not have to be a SizeTracker Member (“Member”) or maintain an active SizeTracker profile to access this Site; individuals who are not registered as Members (Members and non-Members are collectively referred to as "Users") may also use the Site. However, only Members can access some of the more popular features and services that SizeTracker currently offers, such as child growth profiles, automated size calculation and projection, tracking of shopping preferences, list creation, receiving messages regarding your preferences, providing product ratings and recommendations, or other services that we may offer in the future (the “Services”). Registration is free. If you are not registered with us, please click here to register and become eligible for all of SizeTracker’s Services. When you register with SizeTracker, you will be asked to provide us with your name, birthday, email address and other information that we may request, all of which will become part of your member account profile (“Member Profile”), and which you can add to or change at any time. You will also be asked to select a screen name and password which will serve to identify you as a Member each time you visit the Site and allow you to access your account. You may not (i) select or use a screen name of another person with intent to impersonate that person, (ii) use a screen name in which another person has rights without authorization from that person, or (iii) use a screen name that SizeTracker, at its sole discretion, deems offensive. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Member Profile to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or SizeTracker has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). Members must immediately notify SizeTracker of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his screen name and password and all usage or activity on her/his account, including use of the account by any third party, whether or not such use is authorized by the Member. Members may share an account (using one screen name and password) if the account is being used for legitimate group discussions and if it is clearly disclosed that it is a group account. How You Can Use the Services This Site and many of the Services offered are intended for your personal, noncommercial use in accordance with these TOS. Some commercial transactions could take place via links on SizeTracker. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without SizeTracker’s prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by SizeTracker. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. Controlling your Personal Information You control what information is included in your profile information as well as any other information that you post on the Site. Any product reviews of ratings that are made on SizeTracker can be accessed by the public. You should also be aware that any information that is made public on the Site will be searchable by other search engines. In addition, even if that content is later removed from this Site, it may still be stored in other computers of people who visited the Site, and removal of that information from this Site will not remove it from those other computers. Therefore, we caution you to be very careful about posting personal information to the Site. User Conduct and Submissions Some of the content on the SizeTracker Site is submitted by Users. We encourage you to interact with other SizeTracker Users by posting and reading product ratings and recommendations and by participating in other User opportunities. All content that you post to SizeTracker must comply with these TOS. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person shown in a photo that you upload or identified in any writing that you post. You agree that you will not upload, email, transmit, or otherwise make available any content that is: We permit advertising only in specified areas of the Site that are specifically designated for advertising. By submitting content to the Site, you grant to SizeTracker and its successors in business a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the content without your prior approval or the payment of any compensation. You also grant each User of the SizeTracker Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these TOS. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk. Our Content Removal Rights We reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that (i) the content violates these TOS, (ii) removal is necessary to protect the rights, property or personal safety of SizeTracker, its users and the public, or (iii) if required to do so by law. We also reserve the right to remove postings that are off the subject or not in English. We can also remove content if we believe that doing so will improve our Site and the experience of our Users. If you believe that any postings on the Site violate these TOS, please let us know by by reporting the comment through our contact form. We try to review all reported violations and, if we agree with you, we’ll take appropriate action. However, in all cases, we are the final judge on whether these TOS have been violated and we will determine what, if any, action should be to taken. Notwithstanding anything to the contrary stated herein or in our Privacy Policy, we have the right to view and monitor any content posted to this Site, even if that content has been designated as “private,” if we have reason to believe that the content or the Member posting the content has violated these TOS, or has engaged in conduct that is fraudulent, deceitful, unlawful or is or could be a threat to persons or property. Copyright; Trademark; Intellectual Property The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by SizeTracker or its licensors and is protected by copyright, patents, trademarks, service marks, trade secrets and/or other proprietary rights, including under the United States copyright laws. SizeTracker owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site. All trade and service marks appearing on this Site ("Marks") are property of their respective owners, including SizeTracker and its partners. Users are prohibited from using any Marks without the written permission of SizeTracker or such third party that may own the Marks. Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without SizeTracker’s prior written consent. SizeTracker grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print content for your personal, non-commercial use only as provided in these TOS, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content. No License Granted Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of SizeTracker. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER SIZETRACKER PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS. Communications from SizeTracker By registering as a Member on SizeTracker, you will receive periodic online communications from SizeTracker. To unsubscribe from any SizeTracker email list, you may manage general notification preferences in your Member Profile Settings or manage brand-specific setting on the My Kid's Sizes tab of your account. Links The Site, or Members, may provide links to other World Wide Web sites or resources. Because SizeTracker has no control over such sites and resources, you acknowledge and agree that SizeTracker is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that SizeTracker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. General Disclaimer While the SizeTracker Site offers what are believed to be accurate depictions of apparel design, sizing and fit issues and solutions, we can not be held responsible for your personal actions, or the actions of or information provided to us by the vendors or manufacturers we highlight. Wherever possible we will make generic shopping and size recommendations, but it is the User's responsibility to make the ultimate decision about the accuracy of a product’s fit or a size recommendation for a specific child. Disclaimer of Warranties YOU UNDERSTAND THAT THIS SITE AND RELATED INFORMATION IS PROVIDED BY SIZETRACKER LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SIZETRACKER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, MATERIALS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES. SIZETRACKER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM SIZETRACKER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIZETRACKER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES. THE CONTENT AVAILABLE VIA THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER SIZETRACKER NOR ITS PARTNERS 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. Limitations of Liability SIZETRACKER 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 THIS SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT SIZETRACKER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES. ADDITIONALLY, IN NO EVENT WILL SIZETRACKER 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 SITE; (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 SITE; OR (5) ANY OTHER MATTER RELATING TO THE SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SIZETRACKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Indemnification You understand that you are personally responsible for your behavior while on the Site and agree to indemnify, defend and hold harmless SizeTracker, its officers, affiliates, directors, owners, business partners, and their respective officers, employees, agents, licensors, suppliers and any third party information provider to the Site from and against all losses, expenses, liability, damages and costs of any kind, including attorney’s fees, in relation to your use of the Services or access to the Site, or your violation of either these TOS (including negligent or wrongful conduct), applicable law or the rights of any third party. Your Account You are responsible for maintaining the confidentiality of any passwords associated with your SizeTracker account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach). Access Restrictions; Termination We can suspend or terminate your membership in SizeTracker and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at SizeTracker’s sole discretion, you fail to comply with any of the TOS. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the TOS shall survive. You understand and agree that your membership in SizeTracker is subject to and conditioned upon the following: Your continued adherence to these TOS and any future modifications thereto. Your violation of these TOS, or any other agreement between you and SizeTracker constitute grounds for immediate termination of your membership without further notice at SizeTracker’s sole discretion. We may also terminate your membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the SizeTracker community. Termination of your membership will result in cancellation of all rights of access and use granted to Members. SizeTracker reserves the right to change, discontinue or suspend SizeTracker or any of the Services at any time for any reason. Members may terminate their membership at any time by sending their request to us, using the "Contact Us" button on any page of the Site or by deleting their account from the Member Profile Settings page of the Site. SizeTracker shall be the sole determiner in cases of suspected abuse, fraud, or breach of these TOS. Any decision SizeTracker makes relating to termination or suspension of any Member's account shall be final and binding. SizeTracker may terminate any Member's account at its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she has not logged into the Site with her screen name and password, or contacted SizeTracker in any other manner. In addition, if you have been inactive for three (3) months, we may take down any photos that you have posted to your profile or anywhere else on the Site. Digital Millennium Copyright Act ("DMCA") Notice Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service. If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains: Please contact us with any DMCA notices. Third Party Products and Services You may order services, merchandise or other products through our Site from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. SizeTracker LLC Employees Our employees are dedicated to building the best social networking site for parents and providing you with the tools that you need to have a great online experience. In connection with their work, some of our employees are required to use the Site, including creating a profile. Applicable Law By visiting the Site, you agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and SizeTracker or its affiliates and subsidiaries. Miscellaneous These TOS are the entire agreement between you and SizeTracker. They supersede any and all prior or contemporaneous agreements between you and SizeTracker relating to your use of the Site or the Services. If any part of these TOS is determined to be invalid or unenforceable, it will not impact any other provision of these TOS, all of which will remain in full force and effect. The failure of SizeTracker to partially or fully exercise any rights or the waiver of SizeTracker of any breach of these TOS by you, shall not prevent a subsequent exercise of such right by SizeTracker or be deemed a waiver by SizeTracker of any subsequent breach by you of the same or any other term of these TOS. The rights and remedies of SizeTracker under these TOS and any other applicable agreement between you and SizeTracker shall be cumulative, and the exercise of any such right or remedy shall not limit SizeTracker's right to exercise any other right or remedy.