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Personalized4Kidz™ - Terms and Conditions


1.Personalized4Kidz™ Terms and Conditions:
Welcome to the Personalized4Kidz™ website (the
"Website"). By using or accessing the Website and our
personalized product service (the "Service"), you are
agreeing to comply with and be bound by the following terms
and conditions (the "Agreement"). Please review the
following provisions of this Agreement carefully. If you do
not agree to all the terms and conditions contained in this
Agreement in its entirety, you are not authorized to use
this Website or the Service in any manner or form.
Personalized4Kidz™ is available solely for adults to
purchase personalized items for their family and friends.
This Website and Service is not intended for use by children
under the age of 18. If you are under the age of 18, you are
not authorized to use the Personalized4Kidz™ Website
and you must have a parent or legal guardian purchase on
your behalf.

2.Acceptance of Agreement. You agree to the terms and
conditions contained within this Agreement. This Agreement
constitutes the entire and only agreement between you and
us, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings
with respect to the Website and access to the Service. We
may amend this Agreement from time to time in our sole
discretion, without specific notice to you. The latest
Agreement will be posted at the Website, and you should
review this Agreement prior to using the Website and
Service. By your continued use of the Website and Service,
you hereby agree to all the terms and conditions contained
within the Agreement in effect at the time. Therefore, you
should regularly check this page for any and all updates
and changes.

3.Purchase. To become a customer ("Customer") and purchase
the Service, you must supply detailed information
concerning the purchaser, intended recipient and payment
information to complete the purchase. You agree to provide
accurate, current and complete information about yourself
(the "Purchase Data") as prompted by our online purchase
form. You also represent that we may rely on your Purchase
Data as accurate, current and complete. In addition, we
may ask for credit card information or employ some other
age verification measure. We will use the information you
supply to bill your purchase. Personalized4Kidz™
reserves the right, in its sole discretion, to terminate
or cancel a purchase for inaccurate, untrue, deceptive
and/or incomplete Purchase Data.
The Service. Upon purchasing a personalized item, we will
forward your order to our manufacturer for production and
delivery.

4.Editing, Deleting and Modification. We reserve the right,
in our sole discretion, to edit or delete any documents,
information or other content appearing on the Website and
Service. In addition, Personalized4Kidz™ reserves the
right to alter a personalized item where
Personalized4Kidz™ believes, in its sole discretion,
that the personalization is defamatory, threatening,
abusive, harassing, vulgar, unlawful, obscene and/or
otherwise offensive.

5.Fees/Termination. You agree to pay for all charges
incurred by you to purchase, via the payment method you
supply. Personalized4Kidz™'s costs are provided to
you at the Website and/or at the point of purchase, and
may change from time to time in Personalized4Kidz™'s
sole discretion. These changes are effective when changed
at the Website. The charge will appear on your statement
as Personalized4Kidz.com.

6.Cancellation/Refund Policy. Personalized4Kidz™ will
cancel and/or refund your order if your cancel and/or
refund request, sent via e-mail, postal mail or telephone,
is received prior to the mailing of your order. HOWEVER,
ONCE MAILED, PERSONALIZED4KIDZ™ DOES NOT ACCEPT
AND/OR HONOR CANCELLATION AND/OR REFUND REQUESTS. If your
order is not received by the correct recipient, your sole
remedy is to permit Personalized4Kidz™ to send a
replacement product to the correct recipient.
Content/Conduct. As a Customer, you agree that you are
solely responsible for your customization of the items.
You agree to use the Service in a manner consistent with
any and all applicable laws, rules and regulations,
respecting the rights of the recipient and with the
highest regard to the intellectual property rights of
Personalized4Kidz™, its licensors and/or third
parties.

7.You understand and agree that Personalized4Kidz™ will
not be responsible for any loss or damage resulting from the
mailing of the personalized items.
Any attempt by any individual, whether or not a Customer, to
damage, destroy, tamper with or vandalize this Website
and/or Service, or any portion therein, or otherwise
interfere with the operation of the Website and/or Service,
is a violation of criminal and civil law and
Personalized4Kidz™ will diligently pursue all remedies
in this regard against any offending individual or entity to
the fullest extent permissible by law.

8. Use of Your Information. We reserve the right, and
you authorize us, to use and assign all information
regarding your Website and Service use, and any and all
other personal information provided by you, in any manner
consistent with our Privacy Policy, as amended from time to
time, which is hereby made a part of this Agreement. We may
monitor your Website and Service usage and use this
information as required by any law, regulation or court
order.

9. License Grant. You are granted a nonexclusive,
nontransferable, revocable and limited license to access and
use the Website, the Service and associated content in
accordance with this Agreement. Personalized4Kidz™ may
terminate this license at any time for any reason.
You may use the Website and/or Service on one computer for
your own personal, non-commercial use. No part of the
Website and/or Service may be reproduced in any form or
incorporated into any information retrieval system,
electronic or mechanical. You may not use, copy, emulate,
clone, rent, lease, sell, modify, decompile, disassemble,
reverse engineer or transfer the Website and/or Service, its
associated content, or any portion thereof.
Personalized4Kidz™ reserves any rights not explicitly
granted in this Agreement. You may not use any device,
software or routine to interfere or attempt to interfere
with the proper working of the Website and/or Service. You
may not take any action that imposes an unreasonable or
disproportionately large load on the Personalized4Kidz™
infrastructure. Your right to use the Website and/or Service
is not transferable.

10. Proprietary Rights. The content, organization,
graphics, design, compilation, magnetic translation, digital
conversion, software, services and other matters related to
the Website and Service are protected under applicable
copyrights, trademarks and other proprietary (including, but
not limited to, intellectual property) rights. The copying,
redistribution or publication by you of any part of the
Website and/or Service is strictly prohibited. You do not
acquire ownership rights to any content, document, software,
services or other materials viewed, accessed and/or obtained
at or through the Website and/or Service. The posting of
information or material at the Website does not constitute a
waiver of any right in such information and materials by
Personalized4Kidz™.

11. External Links. The Website may provide, links to other
Internet websites and/or resources. Because
Personalized4Kidz™ has no control over such websites
and/or resources, you hereby acknowledge and agree that
Personalized4Kidz™ is not responsible for the
availability of such third party websites and/or resources.
Furthermore, Personalized4Kidz™ does not endorse, and
is not responsible or liable for, any content, advertising,
products and/or other materials at or available from such
third party websites or resources, or for any possible
damages and/or losses arising therefrom.

12. Indemnification. You agree to indemnify, defend and
hold harmless Personalized4Kidz™, its parents,
affiliates, officers, directors, employees, agents,
shareholders, licensors, suppliers and attorneys
(collectively, "Affiliated Parties") from any and all
against all losses, expenses, damages and costs, including
reasonable attorneys' fees, in-house counsel time and
settlement costs, resulting from any violation of this
Agreement and/or your use of the Website and/or Service. The
provisions of this paragraph are for the benefit of
Personalized4Kidz™ and its Affiliated Parties. Each of
these individuals and entities shall have the right to
assert and enforce these provisions directly against you on
its own behalf.

13. WARRANTIES/LIMITATION OF LIABILITY. THE WEBSITE AND
SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR
PURPOSE). THE WEBSITE AND SERVICE MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY
TO USE, THE WEBSITE OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND/OR OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE
BASIS OF THE BARGAIN BETWEEN YOU AND US. THE WEBSITE AND THE
SERVICE EACH WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE WEBSITE OR SERVICE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.

UNDER NO CIRCUMSTANCES WILL WE AND/OR OUR AFFILIATED PARTIES
BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE
MAILING OR CONTENT OF ANY PRODUCTS. WE CANNOT GUARANTEE, AND
DO NOT PROMISE, ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE
AND/OR SERVICE. WE AND/OR OUR AFFILIATED PARTIES ARE NOT
RESPONSIBLE FOR ANY PROBLEMS WITH THE UNITED STATES POSTAL
SERVICE.

OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES
WILL BE EQUAL TO THE PURCHASE PRICE THAT YOU HAVE PAID FOR
THE SERVICE. NOTWITHSTANDING THE FOREGOING, WE AND/OR OUR
AFFILIATED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY
SERVICES, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES,
EVEN IF OBTAINED AT OR THROUGH THE WEBSITE OR SERVICE.

14. Miscellaneous. You are solely responsible for providing
all personal computer and communications equipment necessary
to gain access to the Website and Service.
This Agreement shall be treated as though it were executed
and performed in New York, New York and shall be governed by
and construed in accordance with the laws of the State of
New York (without regard to its conflict of law principles).

Should a dispute arise concerning the terms and conditions
of this Agreement, or the breach of same by any party
hereto, the parties agree to submit their dispute for
resolution by arbitration before the American Arbitration
Association in New York City, in accordance with the
Commercial Arbitration rules of the American Arbitration
Association then in effect. Any award rendered shall be
final and conclusive to the parties and a judgment thereon
may be entered in any court of competent jurisdiction.
Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent
with applicable law and the remaining portions shall remain
in full force and effect.

To the extent that anything in or associated with the
Website and Service is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure
to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to
enforce such provision.

Personalized4Kidz™ does not guarantee continuous,
uninterrupted or secure access to the Website and Service.
Creation and delivery of products may be interfered with by
numerous factors outside of Personalized4Kidz™'s
control.

This Agreement sets forth the entire understanding and
agreement between you and Personalized4Kidz™ with
respect to the subject matter hereof.