PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB
SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT
THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB
SITE.
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Products, Content and Specifications. All
features, content, specifications, products and
prices of products and services described or
depicted on www.Shop4-KIDS.com (this "Web
Site"), are subject to change at any time
without notice. Certain weights, measures and
similar descriptions are approximate and are
provided for convenience purposes only.
www.Shop4-KIDS.com will make all reasonable
efforts to accurately display the attributes of
our products, including the applicable colors;
however, the actual color you see will depend on
your computer system, and we cannot guarantee
that your computer will accurately display such
colors. The inclusion of any products or
services on this Web Site at a particular time
does not imply or warrant that these products or
services will be available at any time. It is
your responsibility to ascertain and obey all
applicable local, state, federal and
international laws (including minimum age
requirements) in regard to the possession, use
and sale of any item purchased from this Web
Site. By placing an order, you represent that
the products ordered will be used only in a
lawful manner. All videocassettes, DVDs and
similar products sold are for private, home use
(where no admission fee is charged), non-public
performance and may not be duplicated.
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Shipping Limitations. When an order is
placed, it will be shipping to an address
designated by the purchaser as long as that
shipping address is compliant with the shipping
restrictions contained on this Web Site. All
purchases from this Web Site are made pursuant
to a shipment contract. As a result, risk of
loss and title for items purchased from this Web
Site pass to you upon delivery of the items to
the carrier. You are responsible for filing any
claims with carriers for damaged and/or lost
shipments.
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Accuracy of Information. We attempt to
ensure that information on this Web Site is
complete, accurate and current. Despite our
efforts, the information on this Web Site may
occasionally be inaccurate, incomplete or out of
date. We make no representation as to the
completeness, accuracy or currentness of any
information on this Web Site. For example,
products included on this Web Site may be
unavailable, may have different attributes than
those listed, or may actually carry a different
price than that stated on this Web Site. In
addition, we may make changes in information
about price and availability without notice.
While it is our practice to confirm orders by
email, the receipt of an email order
confirmation does not constitute our acceptance
of an order or our confirmation of an offer to
sell a product or service. We reserve the right,
without prior notice, to limit the order
quantity on any product or service and/or to
refuse service to any customer. We also may
require verification of information prior to the
acceptance and/or shipment of any order.
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Use of this Web Site. The design of this
Web Site and all text, graphics, information,
content, and other material displayed on or that
can be downloaded from this Web Site are
protected by copyright, trademark and other laws
and may not be used except as permitted in these
Terms and Conditions or with prior written
permission of the owner of such material. You
may not modify the information or materials
displayed on or that can be downloaded from this
Web Site in any way or reproduce or publicly
display, perform, or distribute or otherwise use
any such information or materials for any public
or commercial purpose. Any unauthorized use of
any such information or materials may violate
copyright laws, trademark laws, laws of privacy
and publicity, and other laws and regulations.
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Trademarks. Certain trademarks, trade
names, service marks and logos used or displayed
on this Web Site are registered and unregistered
trademarks, trade names and service marks of
www.Shop4-KIDS.com . Other trademarks, trade
names and service marks used or displayed on
this Web Site are the registered and
unregistered trademarks, trade names and service
marks of their respective owners. Nothing contained on this
Web Site grants or should be construed as
granting, by implication, estoppel, or
otherwise, any license or right to use any
trademarks, trade names, service marks or logos
displayed on this Web Site without the written
permission of www.Shop4-KIDS.com or such
other owner.
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Linking to this Web Site. Creating or
maintaining any link from another Web site to
any page on this Web Site without our prior
written permission is prohibited. Running or
displaying this Web Site or any information or
material displayed on this Web Site in frames or
through similar means on another Web site
without our prior written permission is
prohibited. Any permitted links to this Web Site
must comply will all applicable laws, rule and
regulations.
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Third Party Links. From time to time,
this Web Site may contain links to Web sites
that are not owned, operated or controlled by
www.Shop4-KIDS.com . All such links are
provided solely as a convenience to you. If you
use these links, you will leave this Web Site.
Neither we nor any of our respective affiliates
are responsible for any content, materials or
other information located on or accessible from
any other Web site. Neither we nor any of our
respective affiliates endorse, guarantee, or
make any representations or warranties regarding
any other Web sites, or any content, materials
or other information located or accessible from
any other Web sites, or the results that you may
obtain from using any other Web sites. If you
decide to access any other Web sites linked to
or from this Web Site, you do so entirely at
your own risk.
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Inappropriate Material. You are
prohibited from posting or transmitting any
unlawful, threatening, defamatory, libelous,
obscene, pornographic or profane material or any
material that could constitute or encourage
conduct that would be considered a criminal
offense or give rise to civil liability, or
otherwise violate any law. In addition to any
remedies that we may have at law or in equity,
if we determine, in our sole discretion, that
you have violated or are likely to violate the
foregoing prohibitions, we may take any action
we deem necessary to cure or prevent the
violation, including without limitation, the
immediate removal of the related materials from
this Web Site. We will fully cooperate with any
law enforcement authorities or court order or
subpoena requesting or directing us to disclose
the identity of anyone posting such materials.
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User Information. Other than personally
identifiable information, which is subject to
this Web Site's Privacy Policy, any material,
information, suggestions, ideas, concepts,
know-how, techniques, questions, comments or
other communication you transmit or post to this
Web Site in any manner ("User Communications")
is and will be considered non-confidential and
non-proprietary. We and our respective
affiliates and our or their designees may use
any or all User Communications for any purpose
whatsoever, including, without limitation,
reproduction, transmission, disclosure,
publication, broadcast, development,
manufacturing and/or marketing in any manner
whatsoever for any or all commercial or
non-commercial purposes. We may, but are not
obligated to, monitor or review any User
Communications. We will have no obligation to
use, return, review, or respond to any User
Communications. We will have no liability
related to the content of any such User
Communications, whether or not arising under the
laws of copyright, libel, privacy, obscenity, or
otherwise. We retain the right to remove any or
all User Communications that includes any
material we deem inappropriate or unacceptable.
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DISCLAIMERS. YOUR USE OF THIS SITE IS AT
YOUR RISK. THE INFORMATION, MATERIALS AND
SERVICES PROVIDED ON OR THROUGH THIS WEB SITE
ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF
ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. Shop4-KIDS.COM DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE INFORMATION,
MATERIALS OR SERVICES PROVIDED ON OR THROUGH
THIS WEB SITE. THE INFORMATION, MATERIALS AND
SERVICES PROVIDED ON OR THROUGH THIS WEB SITE
MAY BE OUT OF DATE, AND Shop4-KIDS.COM DOES
NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO
UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES
DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR
THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY
APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF
ANY. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE HEREBY DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH
RESPECT TO THE PRODUCTS AND SERVICES LISTED OR
PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, WE
HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR
PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE
TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE
DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS
WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS
ACT. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED
BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS.
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LIMITATIONS OF LIABILITY.
www.Shop4-KIDS.com DOES NOT assume any
responsibility, or will NOT be liable, for any
damages to, or any viruses that may infect, your
computer, telecommunication equipment, or other
property caused by or arising from your access
to, use of, or browsing this Web Site, or your
downloading of any information or materials from
this Web Site. IN NO EVENT WILL Shop4-KIDS.COM
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR
ANY PARTY INVOLVED IN THE CREATION, PRODUCTION
OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO
YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THIS WEB SITE,
ANY WEB SITES LINKED TO THIS WEB SITE, OR THE
MATERIALS, INFORMATION OR SERVICES CONTAINED ON
ANY OR ALL SUCH WEB SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATIONS OF LIABILITY DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE
OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY
IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF
ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT
YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE,
YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM
THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF
SUCH SERVICES, IN ACCORDANCE WITH SUCH
MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO
SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR
SERVICES IN ACCORDANCE WITH THE RETURNS AND
REFUNDS POLICIES POSTED ON THIS WEB SITE.
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Revisions to these Terms and Conditions.
These Terms and Conditions may be revised at any
time and from time to time by updating this
posting. You should visit this page from time to
time to review the then current Terms and
Conditions because they are binding on you.
Certain provisions of these Terms and Conditions
may be superseded by legal notices or terms
located on particular pages of this Web Site.
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Choice of Law; Jurisdiction. These Terms
and Conditions supersede any other agreement
between you and www.Shop4-KIDS.com to the
extent necessary to resolve any inconsistency or
ambiguity between them. These Terms and
Conditions will be governed by and construed in
accordance with the laws of the State of Ohio,
without giving effect to any principles of
conflicts of laws. Any action seeking legal or
equitable relief arising out of or relating to
this Web Site will be brought only in the courts
of the State of Ohio or the United States
District Court for the District of Ohio. A
printed version of these Terms and Conditions
will be admissible in judicial and
administrative proceedings based upon or
relating to these Terms and Conditions to the
same extent and subject to the same conditions
as other business documents and records
originally generated and maintained in printed
form.
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Termination. You or we may suspend or
terminate your account or your use of this Web
Site at any time, for any reason or for no
reason. You are personally liable for any orders
placed or charges incurred through your account
prior to termination. We reserve the right to
change, suspend, or discontinue all or any
aspect of this Web Site at any time without
notice.
- Additional Assistance.
If you do not understand any of the foregoing
Terms and Conditions or if you have any
questions or comments, we invite you to contact
us at info@Shop4-KIDS.com
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