TERMS AND CONDITIONS OF USE
THIS AGREEMENT DESCRIBES THE TERMS BY WHICH SNAPPING TURTLE KIDS, INC. OFFERS YOU ACCESS TO THOSE PRODUCTS, MATERIALS AND SERVICES DESCRIBED ON THIS WEB SITE (THE “WEBSITE”). BY BROWSING OR ACCESSING THIS WEBSITE, YOU ACCEPT AND ACKNOWLEDGE WITHOUT LIMITATION OR QUALIFICATION: (I) EACH OF THE FOLLOWING TERMS AND CONDITIONS; (II) THAT YOU HAVE THE CAPACITY TO BE BOUND BY THESE TERMS AND CONDITIONS; AND (III) THAT IF YOU ARE A COMPANY OR OTHER FORM OF LEGAL ENTITY, THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH COMPANY OR ENTITY.
As used herein, the term “Agreement” means these Terms and Conditions and all terms, conditions and rules that may be published or displayed from time to time by Snapping Turtle Kids on this website or any other link to or from this website, including each amendment, alteration, modification or supplementation of any and all of the following, all of which are incorporated herein by reference. YOU SHOULD READ THIS AGREEMENT EACH TIME YOU USE THIS WEBSITE.
Nature of Website and Website Materials. This website is intended to provide a secure on-line environment for the purchase and sale of Snapping Turtle Kids’ products, and to provide you with information relating to such products. You should assume that everything you see or read on the website is the property of Snapping Turtle Kids and copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions or in the text on the website without our prior written permission.
Use of this Website.
Please feel free to browse the site. You may download material displayed on the website for non-commercial, personal use only; provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including the text, images, audio and video without our prior written permission in each instance. We encourage emails requesting retail use of our products. Changes periodically are made to the information contained in this site.
Unless otherwise noted, product names, designs, logos, titles, text, images, audio and video within this website are the trademarks, service marks, trade names, copyrights or other intellectual property (collectively, “Intellectual Property”) of Snapping Turtle Kids and its affiliates. All other unregistered and registered trademarks are the property of their respective owners.
Except as expressly provided herein, we do not grant any express or implied license or right to you under any copyrights, trademarks, patents or other trade secret information, and nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise, any license or right to any Intellectual Property or other proprietary interest of Snapping Turtle Kids or its affiliates or subsidiaries or any third party.
Unaffiliated Products and Websites; Links.
Links in this website may lead to services or sites not operated by us. No warranty is made with respect to such other services or sites and we take no responsibility for such other sites or services. The linked sites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of that site. Any use you make of the information provided on this website or any service linked to this website, is at your own risk. You may not create a link to this website from another website or document without our prior written consent.
Communications with this Site.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or help identify or locate anyone posting any such information or materials.
Any communication or material you transmit to the website by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be edited by or on our behalf, may or may not be posted to this website at our sole discretion, and may be used by us for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Further, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
This Legal Notice applies to all material throughout this internet site.
Snapping Turtle Kids (“we”), its affiliates and their respective officers, directors, shareholders, employees or agents make no representation or warranty express or implied, of any kind whatsoever with respect to the use of this website, or the materials, information, content or products included on or made available to you by virtue of your use of this website.
We have made every effort to ensure the accuracy of the information and recommendations, if any, contained in this website. Notwithstanding the foregoing, none of Snapping Turtle Kids, its affiliates and its or their respective officers, directors, shareholders, employees or agents shall be responsible for or guaranty the adequacy, accuracy, truthfulness or completeness of any information or materials provided in this website, or the use of the information in this website, and we specifically disclaim any responsibility for any errors or omissions in the material provided in this website or any results obtained from the use of such material.
No Warranties; Limitation of Liability.
USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE USE OF THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THIS WEBSITE OR ANY WEBSITE OR SERVICE ACCESSIBLE THROUGH THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THIS WEBSITE, AND THE INTERNET GENERALLY.
We assume no responsibility for, and shall not be liable for any damage to, or virus that may infect, your computer equipment, software, data or other property on account of your access to, use of or browsing in this website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this website or any linked sites. Your use of this website is at your own risk.
In no event shall we or any other party involved in creating, producing, maintaining or delivering this site, or any of their respective shareholders, directors, officers, employees or agents (collectively, “Released Parties”), be liable for damages of any kind whatsoever including, without limitation, any direct, indirect, exemplary, incidental, consequential, punitive, special or other types of damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with your access to, use of, or browsing in this website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this website or any linked sites.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We make no warranty that (i) the service and materials provided herein, and the products made available through your use of this website will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained or provided in connection with your use of this website will be accurate and/or reliable, (iv) the quality of any products, services, information, or other material made available to you through the use of this website will meet your expectations, and (v) any errors in the software of this website will be corrected.
Any material downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and you will be solely responsible for any damage to your computer system for loss of data resulting from the download of any such material.
We do not warrant that your use of materials displayed on this website will not infringe rights of others not associated with us.
By your access to, use of, or browsing in this website, you release us and the other Released Parties, and agree to indemnify and hold us and them harmless from and against, any and all claims, demands, losses, actions, suits, proceedings or other liability arising out of or in any manner relating to your access to, use of, or browsing in this website or any linked sites, or your downloading of any materials, data, text, images, video or audio from this website or any linked sites including, without limitation, its and their attorneys fees and costs of defense.
Amendment to Conditions of Use; Modifications and Termination of Service.
We may amend the terms and conditions of use of this website at any time and from time to time by posting the amended terms on our website. Any such amendment shall be effective immediately after it is posted on the website, and any transaction occurring after such time shall be subject to such amended terms and conditions. Continued use of the website after the posting of such amended terms and conditions constitutes your affirmative: (i) acknowledgment of such amendments and modifications; and (ii) agreement to abide and be bound by same. We reserve the right to modify or discontinue service, temporarily or permanently, with or without notice, and we are not obligated to support or update the service provided on this website. You acknowledge and agree that we are not liable to you or any third party in the event that we exercise any of our rights to modify or discontinue the service provided on this website.
Your use of this website shall be deemed acceptance of the above terms and conditions. Any dispute or controversy resulting from or arising out of your use of this website shall be governed by and construed in accordance with the laws of the State of New York, United States of America (without giving effect to its conflict of law provisions). In the event of any dispute or controversy with respect to the subject matter hereof, or the use of the website generally, by your use of the website you consent to the exclusive jurisdiction of the State and Federal Courts of the State of New York and waive any defense thereto based on improper venue, lack of jurisdiction, forum non conveniens or otherwise. Notwithstanding the foregoing, this website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that we intend to make such products or services available in such countries. You are responsible for complying with the laws of the jurisdiction from which you are accessing this website and you agree that you will not access or use the information on this website in violation of such laws.
In the event that any provision of these terms and conditions shall, in whole or in part, be determined by a court of competent jurisdiction to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision hereof. Our failure to act with respect to a breach by you or any other authorized or unauthorized user of this website does not waive our right to act with respect to subsequent or similar breaches. The within terms and conditions of use, and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these terms and conditions shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.