Scope of Agreement.
This Agreement applies to how information on the site may be shared accessed and used, as well as transactions and communications between the User and OurAwesomeKids. This Agreement does not, apply to products, sold by OurAwesomeKids, which are governed by separate terms and conditions.
Acceptance of Agreement.
By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Agreement.
OurAwesomeKids reserves the right to modify this Agreement at any time, including imposing a fee to access certain materials contained on the site. Any change in this Agreement is effective immediately upon User’s receipt of notice from OurAwesomeKids. Notice can be given through e-mail, posting on the site, or any other means by which User may obtain notice. Users should periodically review this Agreement for changes. Any use of the site after changes have been made shall be deemed acceptance of the changed terms of this Agreement. OurAwesomeKids reserves the right to monitor use of the site.
OurAwesomeKids has the exclusive right to control accessibility, hours of use, features on the site, and any other information found on the site. OurAwesomeKids can restrict access to any or all portions of the site or remove any information or content from the site at any time.
User is solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment.
If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. OurAwesomeKids reserves the right, in its sole discretion, to refuse service, cancel orders or terminate your account.
Risk of Loss.
The risk of loss for all products purchased from the site passes to Users upon the delivery of the products by OurAwesomeKids to the carrier.
Copyright and Marks.
All contents on the site (with the exception of content provided by OurAwesomeKids’s third party content providers) are the copyrighted and/or trademarked property of OurAwesomeKids. Site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another site, or distributed in any way without the prior written consent of OurAwesomeKids. Users must retain all copyright notices and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.
Prohibited Conduct and Compliance with Laws.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
Use any device or other means to harvest information about other Users.
Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User’s or OurAwesomeKids employee’s computer or other medium used to access the site.
Post any material on the site that is offensive to any other User. OurAwesomeKids maintains the exclusive right to determine what is offensive.
Post or store on the site any content that violates or infringes the intellectual property or other rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, privacy and publicity rights).
Modify the information, including headers, found on the site.
Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
Engage in any action which OurAwesomeKids determines is detrimental to the use and enjoyment of the site.
Use the site for any unlawful or defamatory means.
Transmit, install, upload, post or otherwise transfer any information in violation of any local, state, national or international law or post any information that could result in civil unrest.
Attempt to access, or access, the personal information of another User which is stored on this site.
Permit any person to access this site using the User’s password.
Attempt to, or access, this site using another User’s password.
Disclaimer and Limitation of Liability.
Although OurAwesomeKids has attempted to provide accurate information on the site, including accurate product descriptions, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. OurAwesomeKids makes no representation that the content of the site is appropriate or available for use in all locations. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER OurAwesomeKids NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM ANY COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. OurAwesomeKids IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL OurAwesomeKids OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL OurAwesomeKids OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
THE FOREGOING LIMITATION OF LIABILITY PROVISION SHALL NOT APPLY TO FINISH LINE’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.
THE FOREGOING IS INAPPLICABLE IN NEW JERSEY.