Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The entire content
included in this site, including but not limited to text, graphics or
code is copyrighted as a collective work under the United States and
other copyright laws, and is the property of Dogwood Kids. The collective
work includes works that are licensed to Dogwood Kids. Copyright 2003,
Dogwood Kids ALL RIGHTS RESERVED. Permission is granted to electronically
copy and print hard copy portions of this site for the sole purpose of
placing an order with Dogwood Kids or purchasing Dogwood Kids products. You
may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions
of the material from the different areas of the site solely for your
own non-commercial use, or to place an order with Dogwood Kids or to
purchase Dogwood Kids products. Any other use, including but not limited
to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by Dogwood Kids. You further agree not to change or delete any proprietary
notices from materials downloaded from the site.
Trademarks
All trademarks,
service marks and trade names of Dogwood Kids used in the site are
trademarks or registered trademarks of Dogwood Kids.
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Dogwood Kids
disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Dogwood Kids does not represent
or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or
that this site or the server that makes the site available are free of
viruses or other harmful components. Dogwood Kids does not make any
warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability
Dogwood Kids shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Dogwood Kids has been
advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you.
Typographical Errors
In the
event that a Dogwood Kids product is mistakenly listed at an incorrect
price, Dogwood Kids reserves the right to refuse or cancel any orders
placed for product listed at the incorrect price. Dogwood Kids reserves
the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card
has already been charged for the purchase and your order is cancelled, Dogwood Kids shall issue a credit to your credit card account in the
amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Dogwood Kids
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
Dogwood Kids may
deliver notice to you by means of e-mail, a general notice on the site,
or by other reliable method to the address you have provided to
Dogwood Kids.
Miscellaneous
Your use of
this site shall be governed in all respects by the laws of the state of
California, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Dogwood Kids products)
shall be in the state or federal courts located in Los Angeles County,
California. Any cause of action or claim you may have with respect to
the site (including but not limited to the purchase of Dogwood Kids
products) must be commenced within one (1) year after the claim or
cause of action arises. Dogwood Kids's failure to insist upon or enforce
strict performance of any provision of these terms and conditions shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any of these terms and conditions. Dogwood Kids may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in
any manner or form on the site, including via e-mail, chat, or by use
of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Dogwood Kids or other licensed employee, host, or
representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish
through the site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial
content on the site or use the site to solicit others to join or become
members of any other commercial online service or other organization.
Participation Disclaimer
Dogwood Kids does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, Dogwood Kids is merely
acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, Dogwood Kids reserves the right to block
or remove communications or materials that it determines to be (a)
abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Dogwood Kids in its sole discretion.
Indemnification
You agree to
indemnify, defend, and hold harmless Dogwood Kids, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your
account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Third-Party Links
In an
attempt to provide increased value to our visitors, Dogwood Kids may link
to sites operated by third parties. However, even if the third party is
affiliated with Dogwood Kids, Dogwood Kids has no control over these linked
sites, all of which have separate privacy and data collection
practices, independent of Dogwood Kids. These linked sites are only for
your convenience and therefore you access them at your own risk.
Nonetheless, Dogwood Kids seeks to protect the integrity of its web site
and the links placed upon it and therefore requests any feedback on not
only its own site, but for sites it links to as well (including if a
specific link does not work).
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