TERMS AND CONDITIONS OF USE AND ACCESS
Thank you for visiting MyKidsBedding.com. We appreciate your interest in our site. Below are the details of our terms and conditions of sale.
IMPORTANT: BY USING THE MyKidsBedding.com WEBSITE (THE “SITE”), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE AND ACCESS (THE “TERMS”) AND OUR [[PRIVACY STATEMENT]]. If you do not want to be bound by the Terms OR THE PRIVACY STATEMENT, then please do not use the Site.
The Terms are entered into by and between you and MyKidsBedding.com (“MKB”). In consideration of your use of and access to the Site and the promises and obligations herein, and intending to be legally bound, you hereby agree as follows:
Your access to and use of the Site is subject to these Terms, as well as any Revisions (as defined below) that may be issued by MKB to these Terms from time to time.
Among other things, MKB provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by MKB in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Site contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, these Terms shall prevail.
2. Changes in Terms
MKB shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site (such revisions and/or new terms and conditions, collectively, the “Revisions”). The Revisions shall be effective upon (i) their posting to the Site, and (ii) a posting of a notification on the home page of the Site stating that the Terms have changed, which shall remain on the home page for a minimum period of one (1) week from the date that the Revisions are posted. You are responsible for visiting the Site periodically to review the Revisions. You agree that you shall be deemed to be apprised of and bound by such Revisions. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER THE POSTING OF THE NOTICE OF THE REVISIONS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISIONS. No modification to these Terms by any party other than MKB shall be valid or enforceable against MKB unless expressly agreed to by MKB in a writing signed by a duly authorized officer of MKB.
These Terms are effective until terminated by MKB. MKB may terminate these Terms without notice and at any time, with respect to you or any or all users of the Site. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the Site. MKB shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual’s right to access or use the Site or any portion thereof. In the event of a termination of these Terms, Sections 4, 5, 6, 8, 9, 10, 11 and 12 shall survive and continue in full force and effect.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of the items from MKB through the Site.
The text, images, photographs, graphics, logos, illustrations, descriptions, data and other material provided on or through the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions or typographical errors or may be out of date. Your use of and browsing in the Site are at your own risk. MKB may change, delete or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on MKB in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks and other proprietary rights that are owned by MKB or licensed from third parties by MKB for use on the Site. You may view and use the Content only for your personal information and for shopping and ordering on the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, MKB does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform or distribute by any means, method or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including, without limitation, by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by MKB, is strictly prohibited. Your violation of MKB’ or its licensor’s rights in the Content may subject you to criminal and civil prosecution and related damages and penalties.
6. Linked Third Party Sites
Links to other internet sites operated by third parties, including MKB vendors, do not constitute sponsorship, endorsement or approval by MKB of the content, policies or practices of such linked sites. Linked sites are not operated, controlled or maintained by MKB, and MKB is not responsible for the availability, content, security, policies or practices of linked sites, including without limitation, privacy policies and practices. Links to other websites are provided for your convenience only and you access them at your own risk.
7. Prices; Orders
All prices displayed on the Site are quoted in U.S. dollars. MKB may restrict delivery to addresses within the United States and Canada. MKB will add shipping and handling fees and applicable sales/use tax as necessary. MKB reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Products displayed on the Site are available while supplies last. Descriptions of, or references to, products or services on the Site do not imply endorsement of that product or service, or constitute a warranty by MKB. The receipt by you of an order confirmation does not constitute MKB’s acceptance of an order. Prior to MKB’s acceptance of an order, verification of information may be required. MKB reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from MKB, for any reason. MKB reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, MKB shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether 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, MKB shall promptly issue a credit to your credit card account in the amount of the incorrect price.
8. Disclaimer of Warranties Relating to Content; Limitation on Damages and Limitation of Liability Relating to Content
MKB ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY CONTENT (E.G., MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, ETC.) FROM THE SITE. MKB MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED WEBSITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY WEBSITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. MKB ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OF THE SITE OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL MKB, ITS SUBSIDIARIES & AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED WEBSITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF MKB IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE.
9. Limited Thirty Day Warranty and Sole Remedy; Disclaimer of Warranties Relating to Products and Services; Limitation of Liability and Limitation on Damages as to Products and Services
As MKB wants you to be satisfied with the products that you purchase through the Site, it will, for a period of thirty days from the date of purchase, accept returns of any such items for an exchange or full refund of the purchase price. Returns may be made during such thirty day period for any reason and refunds will be issued in the same method as the order was paid. The foregoing shall serve as your sole, exclusive and limited warranty and remedy with respect to the products purchased by you through the Site.
EXCEPT AS EXPRESSLY STATED HEREIN, MKB EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL MKB, ITS SUBSIDIARIES & AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF MKB IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE. IN NO EVENT SHALL MKB'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify and hold harmless MKB, its subsidiaries, affiliates and vendors, and each of their respective directors, officers, employees, agents and representatives from and against any and all claims, losses, damages, liabilities and costs (including, but not limited to, reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms and/or your access to or use of the Site. Your obligations pursuant to this Section 10 shall survive termination of these Terms, the Site and any product or service provided to you arising out of or relating to your use of the Site.
Any communication or material you submit to the Site by electronic mail or otherwise, including any data, questions, product reviews, comments or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by MKB or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, MKB and its affiliates are free to use, without the obligation to credit you or pay you any monies, any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
12. Governing Law; Exclusive Jurisdiction and Venue; Contractual Statute of Limitations; Miscellaneous
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed and prosecuted only in the state or federal courts of the State of New Jersey. You consent to the exclusive personal jurisdiction of and exclusive venue in such courts for the purposes of litigating any such action. You agree that any claim or cause of action arising out of or related to these Terms, your use of this Site or any products purchased by you must be filed within one (1) year after such claim or cause of action arose or forever be barred. If any provision of these terms shall be unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with the Privacy Statement (which is incorporated herein by reference), constitutes the entire agreement between us relating to the subject matter hereof, and supersedes any prior agreement or understanding, whether written or oral.