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Swaddlekinz maintains the www.swaddlekinz.com website (the “Site”) to inform you about its many offerings. In using this Site, you agree to the Terms and Conditions listed below. Swaddlekinz may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you as changed.

 

The text, graphics, thumbnails, images and all other materials (the “Materials”) on this Site are copyrights, trademarks, trade names or other intellectual property owned, licensed or otherwise controlled by Swaddlekinz. Swaddlekinz authorizes you to view the Materials on this Site, and to download and make a single copy of all or a portion of the Materials only for your personal noncommercial use. You may not otherwise copy or download Materials, and may not modify, use or distribute the Materials, this Site or any related software in any way unless you obtain the written permission of Swaddlekinz. In the event you download Materials for your personal noncommercial use, you must retain all copyright and other proprietary notices contained on the Materials. If you violate these Terms and Conditions, your permission to use the Materials terminates, and you must immediately destroy all copies of the Materials.

 

By using this Site, you acknowledge and agree that Swaddlekinz is not responsible or liable for damages of any kind( including but not limited to direct, indirect, incidental, consequential or punitive) related to your use of the Site. You agree to indemnify and hold Swaddlekinz harmless from and against any and all claims, damages, costs and expenses, including without limitation, attorneys’ fees, arising from or related in any manner to your use of the Site or any of the Materials.

 

Swaddlekinz provides the information on the Site on an “as-is” basis, without any warranties of any nature. Swaddlekinz disclaims all express and implied warranties, including merchantability, non-infringement, and fitness for a particular purpose. In no event will Swaddlekinz be liable for any loss of profits, business, use or data or for indirect, special, incidental or consequential damages of any kind whether based in contract, negligence or other tort. Swaddlekinz may make changes to the Materials and the product information and prices at any time without notice and without obligation to update the Materials.

 

Swaddlekinz products displayed on the Site are available in select stores in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in all stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States for purchases made through the Site.

 

No rights in the design of Swaddlekinz products, or designs incorporated in such products, shall pass to you except as an integral part of products purchased by you. You agree not to copy or reproduce, or cause to be copied or reproduced, either directly or indirectly, Swaddlekinz products, product designs, designs incorporated in such products, or product packaging. This Design Protection provision shall survive termination of this Agreement.

 

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. Because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

 

Swaddlekinz welcomes feedback at any time, provided it does not violate the rights of anyone. Any communication or other material you send to the Site by e-mail or other means, including your questions or comments, is considered non-confidential. By sending communications to this Site, you grant Swaddlekinz a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, edit, distribute, perform and display any communication or other materials you transmit to the Site (and the ideas contained in such material) for any purpose, anywhere, including without limitation reproducing, posting or publicizing such material or using such material for marketing purposes.

 

Swaddlekinz reserves the right to prohibit any user further access to this Site for violating these terms and conditions or any law. Swaddlekinz may take any action with respect to user-conduct that it deems necessary or appropriate, in its sole discretion, if it believes it may create liability for Swaddlekinz, damage the Swaddlekinz image, or cause Swaddlekinz to lose (in whole or in part) the services of its ISPs or other suppliers.

 

This Site may not be used (a) to transmit, distribute, store or destroy material, including without limitation Site content, in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. This Site may not be used for any illegal purpose or in any manner that would subject Swaddlekinz, its affiliates, or any of this Site’s users to liability.

 

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

 

This Site, including, but not limited to, these Terms and Conditions of Use, the Site’s Security Policy and the Site’s Privacy Policy shall be construed and enforced in accordance with the laws of the State of California. Venue for any dispute regarding anything contained within and/or resulting from access to this Site shall lie exclusively in the City and County of Los Angeles.




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