TERMS AND CONDITIONS FOR USE OF WEBSITE
Welcome to the Kids II, Inc. websites, www.kids2.com, and other Kids II®-related sites, software, applications, content, products, communications, capabilities and services (“Services”) accessible on or by any top-level Kids II® domain owned by us and our affiliates and subsidiaries (hereinafter referred to as “Kids2”) (the “Website”). Please read these Terms carefully. By using the Website, you (“User” or “you”) are agreeing to these Terms and to the conditions and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree that (1) you have read and familiarized yourself with this Agreement, (2) you understand the Agreement, and (3) you are bound by the Agreement in your use of the Website. You are entering into this Agreement with Kids II, Inc.
THESE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN OR INCORPORATED BY REFERENCE INTO THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
Modification of These Terms and Conditions
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and such changes will be effective immediately upon posting. You can tell if these Terms have changed by checking the “updated” date that appears above. Your continued access or use of the Website signifies your acceptance of the updated or modified Agreement. Unless otherwise indicated, any new material added to the Website will also be subject to the Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.
Who Can Use the Website
The Website is not intended to be used by persons under the age of 18 years old. If you are under the age of 18 years old, please do not use the Website or any of the services offered by Kids2. If you are submitting information for a business entity, by doing so, you represent that you have the authority to bind that business entity to the Agreement. We may, in our sole and absolute discretion, refuse to allow use of the Website or accept a person’s or entity’s information and may, at any time, refuse to permit a person’s, or entity’s, continuing use of the Website for any reason or for no reason, in our sole discretion.
User Conduct and Obligations
The content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the “Content”), as well as the infrastructure used to provide such Content, is proprietary to Kids2. Without our prior written permission, you may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify our trademarks or other proprietary information in any way. You agree to follow all applicable laws and regulations when using the Website. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. Additionally, you agree not to:
- Provide false or misleading information about yourself to Kids2, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any Content, message or other communication;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any services if you are not expressly authorized by such party to do so;
- Collect information about other visitors to the Kids2 Website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;
- Probe, scan, test the vulnerability of or breach the authentication measures of the Website or any related web pages, networks or systems;
- Use any robot, spider, scraper, deep link or other automated or manual means to access the Website, or copy and/or redistribute any Content, information or software on the Website;
- Manipulate or otherwise display the Website by using framing, creating deep-links to the Website by bypassing the Website’s home page, mirroring or similar navigational technology or directly link to any portion of the Website other than the main home page;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Kids2 in connection with the Website;
- Input or upload to the Website any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or information or that infringes the intellectual property rights of another;
- Use or access the Website in any way that, in Kids2’s sole judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website, including but not limited to any action that imposes, or may impose, in Kids2’s sole discretion, an unreasonable or disproportionately large load on our infrastructure; and
- Engage in, perform or conduct any of the prohibited actions or activities identified below under “Reviews, Comments and Use of Other Interactive Areas.”
Except for public domain material, the Website is protected by intellectual property laws, including U.S. copyright laws. Subject to your compliance with these terms and conditions and any Service terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the Content at the Website while connected to the Website (including, where available, to email individual Content to others directly from this site) for your personal, non-commercial use, which shall be limited to viewing the Site, providing information to the Site, ordering products, and downloading product information for your personal review. You are also granted a limited license to print one copy of any Content posted at the Website, but only for the sole purpose of placing an order with Kids2 or purchasing Kids2 products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kids2 or to purchase Kids2 products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kids2. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks such as metatags on other web sites also is strictly prohibited. You may not display the Website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us through our feedback form.
When you visit the Website or send or accept electronic messages through the Website, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Agreement. You have a right to withdraw your consent to receive electronic communications at any time, and may request a paper version of any electronic communication. You acknowledge that such withdrawal of consent will prohibit you from accessing and using core functionalities of the Website. You further acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, write us at email@example.com.
If our hardware or software requirements change, we will post to the Website notice of the revised hardware or software requirements. Continuing to use the Website after receiving notice of the changes to the Website is reaffirmation of your consent.
You may need your own Kids2 account to use certain Kids2 Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Kids2 does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Kids2 Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Kids2 household. Kids2 reserves the right to refuse service, terminate accounts, terminate your rights to use Kids2 Services, remove or edit content, or cancel orders in its sole discretion.
Kids2 attempts to be as accurate as possible. However, Kids2 does not warrant that product descriptions or other content of any Kids2 Service is accurate, complete, reliable, current, or error-free. If a product offered by Kids2 itself is not as described, your sole remedy is to return it in unused condition.
The prices displayed on the Website are quoted in U.S. dollars, unless otherwise indicated. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Reviews, Comments and Use of Other Interactive Areas
Please be aware that by submitting any message, data, information, text, music, sound, photos, graphics, code or any other Content to the Website by electronic mail, postings on the Website, or other social network platforms operated by Kids2, including any questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you are certifying that you are the rightful owner or licensee of the Submission and you grant Kids2 a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Kids2 may choose to provide attribution of your comments or reviews at our discretion. You further grant Kids2 the right to pursue at law any person or entity that violates your or Kids2’s rights in the Submissions by a breach of the Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Website and Kids2’s other social network platforms may contain discussion forums, bulletin boards, reviews or other means in which you or third parties may post Content, messages, materials or other items on the Website (“Interactive Areas”). If Kids2 provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
- Any Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Submissions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Submissions that impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, including Kids2;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Any Submission that is unrelated to the topic of the Interactive Area(s) in which such Submission is posted; or
- Submissions or links to Content that, in the sole judgment of Kids2, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or (d) exposes or could expose Kids2 or its customers to any harm or liability of any type.
Kids2 takes no responsibility and assumes no liability for any Submissions posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Kids2 liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Kids2 is not liable for any statements, representations or Submission provided by its Users in any public forum, personal home page or other Interactive Area. Although Kids2 has no obligation to screen, edit or monitor any of the Submissions posted to or distributed through any Interactive Area, Kids2 reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.
If it is determined that you retain moral rights (including rights of attribution or integrity) in Submissions, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by Kids2 or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submission; and (d) you forever release Kids2, and its licensees, successors and assigns, from any claims that you could otherwise assert against Kids2 by virtue of any such moral rights.
Any violation of the foregoing violates the Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. See “Termination”, below.
Digital Millennium Copyright Act Notice
Kids2 respects the intellectual property rights of others. Kids2 may, in appropriate circumstances and at its sole discretion, terminate the access of Users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible at the Website, or other social network platforms operated by Kids2, in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act. Our agent for notice of claims of copyright infringement on or regarding the Website can be reached by mail: Kids II, Inc., 3333 Piedmont Road, Suite 1800, Atlanta, Georgia 30305-1712, U.S.A.; by email: firstname.lastname@example.org.
Your notice must satisfy the requirements of the DMCA and include the following information:
- Your name, mailing address, and email address;
- A statement identifying the copyrighted material You claim is infringed, such as a URL linking to an authorized version of the copyrighted material;
- A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material;
- A statement that You have a good faith belief that the allegedly infringing material identified in section (ii), above, is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in this notice is accurate and that You are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and
- An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Kids2 does not accept or consider unsolicited ideas, suggestions or proposals for new or improved products, features or technologies (collectively, "Submissions"). Please do not send any Submissions in any form to Kids2 or any of its employees.
If, despite our policy, you still submit your ideas to Kids2, the following terms shall apply to your Submissions, regardless of what your communication states. You agree that:
- Kids2 will consider the Submissions to be non-confidential and non-proprietary.
- Kids2 may use, copy, redistribute and disclose the Submissions for any purpose in any manner, without compensation to you or any other person or party.
- Kids2 shall have no obligations concerning the Submissions, including no obligation to review the Submissions, return any materials or acknowledge receipt of the Submissions.
Registered Users are responsible for the protection of their account numbers, customer name, and password associated with Internet access to all Website and Interactive Areas. In the event of any unauthorized access to your account, you must immediately notify Kids2; however, Kids2 is not responsible or liable for damage of any kind as a result of any unauthorized access. To protect yourself from unauthorized access to your account information, Kids2 highly recommends that you change your password frequently and do not share your password with anyone.
Limitation of Liability
IN NO EVENT SHALL KIDS2 BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY KIND OF DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INTERACTIVE AREAS, OR KIDS2'S SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KIDS2 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Please note that applicable law may not allow for the limitation or exclusion of liability or incidental or consequential damages, so the above limitation may not apply to you.
Disclaimer of Warranties
The material on this Website could include technical inaccuracies or other errors. Your use and browsing of this Website is at your own risk. Neither Kids2 nor any other party involved in creating, producing or delivering this Website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website. Kids2 does not warrant that the functional aspects of this Website will be uninterrupted or error free or that this Website or the server that makes it available are free of viruses or other harmful components. If your use of this Website or the material contained on the Website results in the need for servicing or replacing property, material, equipment, or data, Kids2 is not responsible for those costs.
KIDS2 MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY KIDS2. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. KIDS2 DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM KIDS2, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIDS2 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
You agree to defend and indemnify Kids2 and each of its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, arising from:
- Your breach of this Agreement;
- Your violation of any law or the rights of a third party; or
- Your use of this Website.
You and each of your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge Kids2 and each of its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Website.
You agree that Kids2, in its sole discretion, may terminate or suspend your use or access to the Website, Interactive Areas, Submissions, Content, information, and services at any time and for any or no reason, in its sole discretion, and without prior notification, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of Submissions. Accessing the Website, Interactive Areas, Submissions, Content, information, and services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that Kids2 shall not be liable to you or any third party for any termination or suspension of your access to the Website, Interactive Areas, Content, information, and services.
Third Party Services and Content
The Website may contain links to websites, pages, accounts or other electronic media owned or controlled by parties other than Kids2. Such links are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Kids2 to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
No Medical Advice
The Sites may contain articles, blogs, questions and answers, frequently asked questions or other postings (each an "Article") regarding health care, medicine, nutrition and similar topics. All such information is general in nature and should not substitute for, or be used instead of, a clinical or therapeutic relationship with a health care professional who is fully familiar with the specifics of your case. Such Articles may assist you in your personal, general research but none of it constitutes the practice of medicine or any other health care profession. Nothing in any Article is intended as a recommendation or endorsement of any specific tests, products, procedures, healthcare provider, opinions or other information that may be mentioned on our Sites. Email correspondence with any author of an Article (even if the author is a physician), will not, in and of itself, create a physician/patient relationship or cause such author to create or retain any medical records about you, monitor your care or communicate with your health care provider. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care. If you suspect that you may have a medical condition, or are seeking medical advice or treatment, we recommend that you consult a qualified health professional as soon as possible. You should be aware of the general risks of transmitting information over the Internet, which may not use encryption. You should therefore not share any personal medical information that you would wish to be held confidential in a physician/patient or similar clinical relationship. To the maximum extent permitted by law, neither Kids2 nor any authors of any Articles found on our Sites shall have any liability to you for any loss, damage or injury of any kind which you may claim to have incurred as a result of your reliance on any Article content.
Copyright and Trademark Notices
All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Sites (collectively, the “Marks”) are the property of Kids2 or its licensors, content providers or other third parties. Nothing in these Terms and Conditions or on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of Kids2 or the owner of the Mark. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Kids2 and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kids2. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Kids2.
“Baby Einstein”, "Bright Starts", "Ingenuity", "Comfort & Harmony", "Oball", "Taggies", "Kids II" and all associated logos are trademarks of Kids II, Inc. and its affiliates. All rights reserved.
“Einstein” and “Albert Einstein” are trademarks of the Hebrew University of Jerusalem. All Rights Reserved.
If you are aware of an infringement of either your brand or our brand, please let Kids2 know by contacting us via phone or email at email@example.com.
You agree to use the Website in strict compliance with all applicable laws, rules, rulings and regulations and in a fashion that does not, in the sole judgment of Kids2, negatively reflect on the goodwill or reputation of Kids2 and shall take no actions that would cause Kids2 to be in violation of any laws, rules, rulings or regulations applicable to Kids2.
Kids2 and the Website are based in the United States. Kids2 controls and operates this Website through its headquarters in Atlanta, Georgia, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws. This Website may describe products that are not available worldwide. If any provision of these terms or conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
Kids2 reserves the right to investigate any suspected breaches of its Website security or Terms and Conditions and involve law enforcement authorities in investigating any such matters and prosecute violators to the full extent of the law.
These terms constitute the entire agreement between you and Kids II regarding your use of this Site. The failure of Kids II to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Arbitration Agreement – Legal Disputes
In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from Kids II through our Site, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: Kids II, Inc., Attn: General Counsel, 3333 Piedmont Rd, Suite 1800, Atlanta, GA 30305. You agree that the arbitration will be conducted by the American Arbitration Association ("AAA"), adr.org, 1.800.778.7879. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. Kids2 may seek attorney’s fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR KIDS II WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Georgia, USA, without regard to the principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the State of Georgia.
Exclusive Venue for Litigation
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Fulton County, Atlanta, Georgia (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Fulton County, Atlanta, Georgia for any litigation other than small claims court actions, and irrevocably consent to personal jurisdiction in Fulton County, Atlanta, Georgia for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of any court in such jurisdiction over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Site and (b) any acts or omissions of Kids II in connection with these Terms and conditions or the Site.
How to Contact Kids2
If you have any questions or comments about the Agreement, or your dealings with the Website, please contact us by email sent to firstname.lastname@example.org or by mail at Kids II, Inc., 3333 Piedmont Road, Suite 1800, Atlanta, Georgia 30305-1712, U.S.A.
TERMS AND CONDITIONS FOR THE SALE OF GOODS
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
These terms and conditions (these "Terms") apply to the purchase and sale of products through www.kids2.com (the "Site"). These Terms are subject to change by Kids II, Inc. (referred to as “Kids2”, "us", "we", or "our") without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. We reserve the right to limit, reject, modify or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.
Merchandise availability on our Site is not guaranteed. If merchandise is not available by the time your order processes, we will notify you of this via email.
Product Information; Product Illustrations
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free. The images of products on our Site are for illustrative purposes. While we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. Your product and packaging may vary from that shown on the Site. If a product received by you is not as described, your sole remedy is to return it in unused condition.
Prices and Payment Terms
All prices posted on this Site are in displayed USD, unless otherwise indicated, and are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept PayPal and all major credit cards for purchases on the Site. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment option for the purchase, (iii) charges incurred by you will be honored by your credit card company or other banking institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds
Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is received by us within 90 days of purchase and provided such products are unused and returned in their original undamaged packaging. Returns shall be made using the prepaid shipping label contained in the product’s shipping container. If you did not receive or are unable to locate the prepaid shipping label, please contact 1 (800) 230-8190 or email email@example.com. You bear the risk of loss during return shipment. Returns may be subject to a restocking fee. Refunds are processed within approximately 14 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
Limited Product Warranty
We warrant that all Kids2 products will be free from defects in material and workmanship (the “Limited Warranty”) for a period of one year from the date of original purchase. The specific terms and conditions of our Limited Warranty may be found here.
Goods Not for Resale or Commercial Use
You represent and warrant that you are buying products from the Site for your own personal use only, and not for commercial use of for resale.
Intellectual Property Use and Ownership
All uses on this Site of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license. Kids2 and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law; Binding Arbitration
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule.
YOU AND KIDS2 ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
YOU AGREE TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER YOU NOR KIDS2 WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRAL TRIBUNAL HAS NO POWER TO CONSIDER THE ENFORCEABILITY OF THIS CLASS ARBITRATION WAIVER AND ANY CHALLENGE TO THE CLASS ARBITRATION WAIVER MAY ONLY BE RAISED IN A COURT OF COMPETENT JURISDICTION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its rules and procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Kids II, Inc., 3333 Piedmont Road NE, Suite 1800, Atlanta, GA 30305, Attn: Legal Department. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.