Ii. Restrictions on Use

TERMS OF USE

I. WELCOME

Fiddle Diddles, Inc. welcomes visitors to the Fiddle Diddles, Inc. website located at www.fiddlediddles.com (the “Website”). Fiddle Diddles and LullaBelay are collectively referred to as (“Fiddle Diddles”, “we”, “us”, and “our”). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

II. RESTRICTIONS ON USE

The Website is owned and operated by Fiddle Diddles. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to Fiddle Diddles, its affiliates and/or third-party licensors. The Content is protected by United States and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Fiddle Diddles. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Fiddle Diddles. To obtain written consent for such reproduction, please contact us at .

III. LINKING

It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with Fiddle Diddles. Please understand that such linked websites are independent from Fiddle Diddles and that Fiddle Diddles has no control over the content of such websites. Consequently, Fiddle Diddles cannot be held liable and makes no warranties or representations whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

IV.DISCLAIMER AND LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE LULLABELAY, AND ANY OTHER PRODUCTS OFFERED FOR SALE BY FIDDLE DIDDLES AND THE TRANSACTIONS CONDUCTED THROUGH FIDDLE DIDDLES ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LULLABELAY OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE FIDDLE DIDDLES WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THE FIDDLE DIDDLES WEBSITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE LULLABELAY, OR ANY OTHER PRODUCTS OFFERED FOR SALE BY FIDDLE DIDDLES INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

V. INDEMNITY

You agree to indemnify, hold harmless and defend Fiddle Diddles and its affiliates, shareholders, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use. You are not obligated to indemnify Fiddle Diddles where the basis of the indemnity claim arises out of Fiddle Diddles’ own negligence or willful misconduct.

In particular, you agree to indemnify, hold harmless and defend Fiddle Diddles and its affiliates, shareholders, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content or product shipped to you by Fiddle Diddles. Always read and follow the product label.

VI. PRIVACY

Fiddle Diddles respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

VII. CHANGES AND TERMINATION

Fiddle Diddles reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Fiddle Diddles reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on the Website. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Fiddle Diddles to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of Fiddle Diddles in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

VIII. TRADEMARKS

“Fiddle Diddles, Inc.”, “Fiddle Diddles”, “LullaBelay” and “www.fiddlediddles.com” are trademarks of Fiddle Diddles. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Fiddle Diddles and/or third party licensors. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

IX.REMEDIES

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys' fees and expenses.

No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

X.CHOICE OF LAW; JURISDICTION

These Terms of Use will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Website will be brought only in the courts of the State of Minnesota or the United States District Court for the District of Minnesota. The parties agree that the United Nations Convention on the International Sale of Goods shall not govern or apply to the interpretation of this Agreement.

XI.SEVERABILITY

If any of these provisions shall be deemed invalid, void, or unenforceable for any reason, that provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provision.

XII. NOTICE

Notices to you may be sent via e-mail or regular mail. Changes to these Terms of Use or to the services offered by the Website notice may be provided by posting the notices or links to such notices on the Website itself.

If you have any questions or comments regarding these Terms of Use please contact us at

or our mailing address:

Fiddle Diddles, Inc.

PO Box 1829

Maple Grove, MN 55311