1. AGREEMENT
These Website Terms & Conditions (the “Agreement”) constitute a legally binding agreement by and between All Distributors, LLC (“All Distributors”) and you (“You” or “Your”) concerning Your use of All Distributors’ https://kiddiecatchall.com/ website (the “Website”) and the services available through the Website (the “Services”). By using the Website, You represent and warrant that You have read and understand, and agree to be bound by, the Agreement and All Distributors’ [Privacy Policy](the “Privacy Policy”). IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
2. PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. All Distributors encourages users of the Website to frequently check All Distributors’ Privacy Policy for changes.
3. CHANGES TO AGREEMENT AND PRIVACY POLICY
ALL DISTRIBUTORS RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless All Distributors obtains Your express consent, any revised Privacy Policy will apply only to information collected by All Distributors after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.
4. ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, A RESIDENT OF THE UNITED STATES, AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.
5. LICENSE
Subject to Your compliance with the terms and conditions of this Agreement, All Distributors grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. THE WEBSITE AND SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
6. YOUR INFORMATION
In connection with Your use of certain Services, You may be required to complete an order form. You represent and warrant that all information that You provide on any order form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy. In addition, You must promptly notify All Distributors if any credit card or other financial institution information that You have provided to us is lost, stolen or used without permission.
7. THIRD-PARTY WEBSITES
The Website may be linked with the websites of third parties (“Third-Party Websites”), some of whom have established relationships with All Distributors and some of whom do not. All Distributors does not have control over the content and performance of Third-Party Websites. ALL DISTRIBUTORS HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, ALL DISTRIBUTORS DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. ALL DISTRIBUTORS DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
8. WEBSITE TRANSACTIONS
All Distributors reserves the right to refuse any order You place with us. All Distributors may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that All Distributors makes a change to or cancels an order, All Distributors will attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. All Distributors reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
9. PRODUCT INFORMATION; ERROR, INACCURACIES, AND OMISSIONS
All Distributors attempts to be as accurate as possible in its product and pricing; however, All Distributors cannot guarantee that product descriptions and/or specifications, pricing or any other content on the Website are accurate, complete, reliable, current or error-free. In the event that information is incorrect due to typographical, informational, technical or other errors, All Distributors will not be liable for any loss or discrepancy with accurate data. If a product offered on the Website is not as described, or does not meet Your expectations, Your sole remedy is to return the product in accordance with All Distributors’ return policy (see below).
10. PAYMENT METHODS
All Distributors accepts payment through the following credit cards: Visa, MasterCard, American Express, and Discover.
11. SHIPPING INFORMATION
All Distributors ships only to the United States (excluding U.S. territories and APO/FPO addresses). Please allow 4-6 weeks for delivery of orders shipped to the Continental U.S. Please allow 6-8 weeks for delivery of orders shipped to Alaska or Hawaii. The shipping and handling fees for orders shipped to the Continental U.S. is $6.95. The shipping and handling fees for orders shipped to Alaska or Hawaii is $11.95. In the rare event that Your order never arrives, notification of lost items must be received within 90 days from receipt of the shipping confirmation e-mail.
12. RETURN/REFUND POLICY
All Distributors wants You to be satisfied with Your purchase. If a product purchased online from the Website does not meet Your expectations, You may return it within 30 days of receipt. Returned products must be new, in working condition, and contain all original packaging, accessories, and promotional or bonus products. Please follow these steps to return Your purchase to us by emailing: customerservice@kiddiecatchall.com or call 888-227-7295. All Distributors will issue a full refund after it receives and process an acceptable return. Please allow up to 30 days to receive a refund. Refunds will be credited to the credit card used to pay for the original order.
13. SALES TAX
A sales tax of 4% will be added for all Georgia customers. A sales tax of 7% will be added for all Tennessee customers.
14. SPECIAL OFFERS
For each order of one Kiddie Catch-All®, You will receive a second Kiddie Catch-All® free of charge. This promotional offer is subject to availability and may changed or withdrawn without notice by All Distributors at any time. This promotional offer has no cash alternative. In addition, for each order of one Kiddie Catch-All®, as a free bonus, You will receive CD of 18 children’s songs. This bonus offer is subject to availability and may changed or withdrawn without notice by All Distributors at any time. This bonus offer has no cash alternative.
15. CONSENT TO RECEIVE EMAIL
By placing an order with All Distributors, You consent to receive periodic email communications from All Distributors concerning All Distributors’ products and services, including without limitation, order confirmations, newsletters, new product information, announcements, special deals, and inquiries regarding the quality of our service and other matters.
16. PROHIBITED USES
All Distributors imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that You will not: (a) violate or attempt to violate any security features of the Website or Services; (b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, products, code, and other files, and the selection, arrangement and organization thereof (collectively, “All Distributors Content”); (c) use any software that enables copying or duplication of All Distributors Content for later off-line viewing; (d) distribute, display, modify, transmit, resell, reuse, or repost All Distributors Content in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without the prior written permission of All Distributors; (e) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (f) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (g) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (h) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (i) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (j) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by All Distributors in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
17. INTELLECTUAL PROPERTY
The Website, all content and materials located on the Website, including without limitation the any logos, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of All Distributors LLC. Except as explicitly provided, neither Your use of the Website and Services, nor Your entry into this Agreement, grant You any right, title or interest in or to any such content or materials. KIDDIE CATCH-ALL® is a registered trademark of All Distributors LLC. The Website is Copyright © 2011 to the present, All Distributors LLC. ALL RIGHTS ARE RESERVED.
18. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
ALL DISTRIBUTORS HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISTRIBUTORS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALL DISTRIBUTORS DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
(b) YOUR RESPONSIBILITY FOR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD ALL DISTRIBUTORS RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF ALL DISTRIBUTORS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALL DISTRIBUTORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO ALL DISTRIBUTORS OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF ALL DISTRIBUTORS AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO ALL DISTRIBUTORS DURING THE YEAR PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ALL DISTRIBUTORS AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(d) APPLICATION
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND ALL DISTRIBUTORS OR BETWEEN YOU AND ANY OF ALL DISTRIBUTORS’ LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. ALL DISTRIBUTORS’ LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
19. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other All Distributors policies, and with any applicable laws or regulations.
20. INDEMNITY BY YOU
You agree to defend, indemnify and hold harmless All Distributors and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and contractors (collectively, the “All Distributors Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; or (iii) Your provision to All Distributors or any of All Distributors Parties of information or other data.
All Distributors and/or All Distributors Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless All Distributors and/or All Distributors Parties. You may not settle any Claim without the prior written consent of the concerned All Distributors and/or All Distributors Parties.
21. GOVERNING LAW; JURISDICTION AND VENUE
This Agreement, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in Tennessee, and shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER IT AROSE OR BE FOREVER WAIVED AND BARRED. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE WILL BE THE STATE AND FEDERAL COURTS IN NASHVILLE, TENNESSEE. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
22. TERMINATION
Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by All Distributors. Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 4, 6, 7, 9, 11-13, and 16-24 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed All Distributors.
23. NOTICES
All notices required or permitted to be given under this Agreement must be in writing. All Distributors shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to All Distributors. You agree that any notice received from All Distributors electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH ALL DISTRIBUTORS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY ALL DISTRIBUTORS OF AN EMAIL TO THAT ADDRESS. You shall give any notice to All Distributors by means of: (1) email to: customerservice@kiddiecatchall.com or (2) U.S. mail, postage prepaid, to PO BOX 10238, Murfreesboro, TN 37129.
24. GENERAL
This Agreement constitutes the entire agreement between All Distributors and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of All Distributors or by the unilateral amendment of this Agreement by All Distributors and by the posting by All Distributors of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of All Distributors. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and All Distributors are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to All Distributors and All Distributors’ licensors and suppliers, and would therefore entitle All Distributors or All Distributors’ licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.