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PlatesPlus
for Kids
Terms
and Conditions
TERMS
OF USE
Welcome to the PlatesPlus for Kids website which includes
platesplus4kids.com and lunchboxesplus4kids.com
(collectively, "this Website").
This
Website is a service provided by PlatesPlus for Kids, Inc.
Use of this Webite includes use of platesplus4kids.com and
lunchboxesplus4kids.com, individually and together.
Please read these Terms and Conditions (henceforth referred
to as these “Terms”) carefully before using
this Website. Your use of this Website constitutes your
agreement to follow and be bound by these Terms. If you
do not agree to these Terms, please do not use this Website.
As
a condition of your use of this Website, you warrant to
PlatesPlus for Kids, Inc. that you will not use it for any
purpose that is unlawful or prohibited by these Terms.
PlatesPlus
for Kids, Inc. may revise these Terms at any time. By continuing
to use this Website after we post any such changes, you
accept this agreement as modified.
SITE CONTENTS
Occasionally there may be information on this Website 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 have made every effort to display as accurately as possible
the colors of our products that appear on this Website.
However, as the actual colors you see will depend on your
monitor, we cannot guarantee that your monitor's display
of any color will be accurate.
If you are not completely satisfied with your purchase you
may return it in accordance with our Return
Policy.
YOUR ACCOUNT
You agree that you are responsible for maintaining the confidentiality
of your account and password and for restricting access
to your computer. You further agree to accept responsibility
for all activities that occur under your account or password.
PlatesPlus for Kids, Inc. reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders
at their sole discretion.
LINKS
TO OTHER WEB SITES AND SERVICES
This Website may contain links to other websites that are
not under the control of PlatesPlus for Kids, Inc. PlatesPlus
for Kids, Inc. has no responsibility for the linked websites,
nor does it necessarily endorse the linked websites. PlatesPlus
for Kids, Inc. provides the links solely for the convenience
and information of our Website users.
COPYRIGHT,
TRADEMARK, & INTELLECTUAL PROPERTY
Although PlatesPlus for Kids, Inc. makes this Website information
freely accessible, PlatesPlus for Kids, Inc. does not intend
to give up rights, or anyone else's rights, to the materials
it contains. Unless otherwise noted, all materials, including,
but not limited to, text, graphics, logos, page headers,
button icons, images, designs, photographs, software, and
other materials that are part of this Website (collectively,
the “Contents”), are the exclusive property
of PlatesPlus for Kids, Inc., its licensors, or its content
suppliers, and are protected by United States and international
copyright laws, trademark laws, and other intellectual property
laws. All software used on this Website is the property
of PlatesPlus for Kids, Inc. or its software suppliers and
is protected by United States and international copyright
laws.
You may not use any trademark or service mark appearing
on this Website without the prior written consent or agreement
of PlatesPlus for Kids, Inc.
You
may display and print information from this Website for
your personal use, but you may not reproduce any of the
materials without PlatesPlus for Kids, Inc.'s written consent.
All contents of this Website are Copyright© 2004-2010
PlatesPlus for Kids, Inc., New York, NY. All rights reserved.
Without
the prior written permission of PlatesPlus for Kids, Inc.,
you may not frame any of the content of this Website or
incorporate into another Website, or any other service,
any intellectual property of PlatesPlus for Kids, Inc. or
any other licensors or suppliers.
DISCLAIMER
PlatesPlus for Kids, Inc. provides this Website on an “as-is”
and “as available” basis 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.
You agree that your use of this Website is at your sole
risk. Because of inherent hazards and uncertainties of electronic
distribution, there may be delays, omissions, inaccuracies
or other problems with information on the Internet. If you
rely on this service or any material available through the
service, you do so at your own risk. You understand that
you are solely responsible for any damage to your computer
system or loss of data that results from any material and/or
data downloaded from or otherwise provided by this Website.
PlatesPlus
for Kids, Inc. cannot and does not warrant that service
will be error-free or continuously available, or that the
service and any email related to the service will be free
of viruses or other harmful components.
LIMITATION
ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
SHALL PLATESPLUS FOR KIDS, INC. OR ITS AFFILIATES, AGENTS,
LICENSORS, OR SUPPIERS, BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
WEBSITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AND CONSEQUENTIAL
DAMAGES EVEN IF YOU ARE ADVISED BEFOREHAND OF THE POSSIBILITY
OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PLATESPLUS
FOR KIDS, INC. AND ITS AFFILIATES, AGENTS, LICENSORS, AND
SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY
SUCH STATE.
PLATESPLUS FOR KIDS, INC. EXPRESSLY DISCLAIMS ANY DUTY TO
UPDATE OR REVISE THE MATERIALS ON THIS WEBSITE, ALTHOUGH
PLATESPLUS FOR KIDS, INC. MAY MODIFY THE MATERIALS AT ANY
TIME WITHOUT NOTICE.
APPLICABLE LAW
By visiting this Website you agree that the laws of the
state of New York, County of Queens, without regard to principles
of conflict of laws, will govern these Terms and any dispute
of any sort that might arise between you and PlatesPlus
for Kids, Inc. or its affiliates, agents, licensors, and
suppliers.
INDEMNIFICATION
You agree to defend, indemnify, and hold PlatesPlus for
Kids, Inc. harmless from and against any and all claims,
damages, costs, and expenses, including attorneys' fees,
arising from or related to your use of this Website, your
breach of these Terms, and/or any of the foregoing agreements,
representations, and warranties.
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