Welcome to Kids & Company website (the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”). Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Site. If you do not agree to these terms, please do not use the Site.
Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Kids & Company are the trademarks of Kids & Company and/or its subsidiaries. The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites. Unless otherwise specified, the Sites and the Contents are intended to promote Kids & Company’s products and services available in Canada. The Sites are controlled and operated by Kids & Company from its offices in Toronto, Ontario, Canada.
User Content, Feedback, and Other Submissions
Kids & Company is pleased to hear from users and welcomes your comments regarding our products and services. Kids & Company’s longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Kids & Company’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Kids & Company may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Kids & Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Kids & Company has the right but not the obligation to monitor and edit or remove any Comments. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Kids & Company or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Kids & Company takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Personal Information Submitted Through the Sites
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to service or product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice.
Links to Other Web Sites and Services
The Sites may contain links to other websites that are not under the control of Kids & Company. Kids & Company and its affiliates and subsidiaries have no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Sites’ users.
The materials on the Sites are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Kids & Company expressly disclaims any duty to update or revise the materials on the Sites, although Kids & Company may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. Kids & Company shall not be liable for any damages of any kind related to your use of the Sites.
You agree to defend, indemnify and hold Kids & Company, its affiliates, subsidiaries and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Kids & Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to Kids & Company at: Kids & Company, 50 Minthorn Blvd, Suite 100, Markham ON, L3T 7X8 (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Kids & Company agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the Province of Ontario Canada, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the provincial and/or federal courts of Ontario or Canada. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Kids & Company’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
These terms are effective unless and until terminated by either you or Kids & Company. You may terminate this Agreement at any time. Kids & Company also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.