Terms of Use

Effective as of June 2023

IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY. ORDERING PRODUCTS THROUGH THE SITE AND/OR APP, OR USING THE SERVICES (ALL AS DEFINED BELOW) CONSTITUTE ACCEPTANCE OF THIS AGREEMENT ON YOUR BEHALF.

The following terms of use (“Agreement”) govern your use of www.toddlerthinkers.com (the “Site”) and/or the Toddler Thinkers mobile application (the “App”) and any of the services offered by Toddler Thinkers (the “Company”) on and through our Site and/or App, including the use of any information and data, and participation in any public areas which may exist on the Site and/or App. Any reference to “we,” “our,” “us,” or similar shall refer to the Company.

Please read the requirements of this Agreement carefully. Your use of any of the Services constitutes your agreement to comply with the terms of this Agreement.

If you cannot agree to and comply with this Agreement and its requirements, you are expressly prohibited from using the Services and must exit the Site and/or the App. This Agreement applies to all users and customers of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Use of Site and App

The Company does not knowingly provide the Services to anyone under the age of 18, or knowingly allow such persons to register for the Services. By agreeing to this Agreement, you represent that you are at least 18 years old, or that you are at least 18 years old and you have given us your consent to allow any of your minor dependents to use the Site.

You may view and use the Site and/or App and/or any information contained therein only in accordance with the terms of this Agreement. The Site and/or the App may be used only as contemplated by this Agreement.

The following restrictions will apply to your use of the Services:

You may not use any information featured on the Site and/or the App for any commercial purpose, including distribution, resale, rental, lease, or display.
You may not access, reverse-engineer, reproduce, download, distribute, transmit, broadcast, display, modify, publish, license, create derivative works from, transfer, or sell any information or content contained on the Site and/or the App, except as specifically permitted by this Agreement, with our prior written permission and, if applicable, the respective rights holders, or as permitted by applicable law.
You agree to use the Site and/or the App only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability as determined by applicable law.
You may not threaten, abuse, harass, or invade the privacy of any other user of the Services.
You may not attempt to gain unauthorized access to other computer systems or networks connected to the Services.
You may not advertise any commercial endeavor or engage in any commercial activity through the Services unless specifically permitted by us.
You may not circumvent, disable, fraudulently engage with, or otherwise interfere with the Services, including security-related features or features that prevent or restrict the copying or other use of content uploaded to the Services.
You may not collect or use any information that might identify a person without permission from that person.
You may not attempt to undertake any actions listed above, and we may require proof of your compliance with these rules at any time.

We reserve the right to take, or refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites to assist them in resolving security incidents.

Any right not expressly granted to you under this Agreement remains our right or the respective rights holders. This means that using the Services does not grant you ownership of any intellectual property rights in the content you access.

We may refuse service to anyone for any reason at any time. The Services may be removed for indefinite periods of time, or the service may be canceled at any time without prior notice.

Order of Products and Services

The Site and/or the App will be used to advertise, publish, or promote certain products or services. Such products or services may be available exclusively through the Site or the App, and some may have limited quantities or may only be available in certain jurisdictions.

The quantities of any products or services may be limited by order or by customer, which may be on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Products and services may also be discontinued at any time.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

An order made for a product or service that is prohibited by law or this Agreement will be void.

We reserve the right to refuse any order you place with us for any reason.

We will endeavor to ensure that products and services are delivered within the specified times in each order, but these times are subject to change, and delivery times may vary. We will notify you of any substantial changes to delivery times.

Orders for products or services are subject to changes based on the available supply and provision of such products or services. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order is made.

Billing Information

When placing an order for a product or service through the Site and/or App, you agree to provide current, complete, and accurate billing information and contact details, and to promptly update such details when necessary. Our payment processor will process your payment details in accordance with their terms of service and privacy policy.

Links to Third-Party Websites and Mobile Applications

Links on the Site and/or the App to third-party websites and/or applications are provided solely as a convenience to you. If you use these links, you will leave the Site and/or the App. The Company has not reviewed all of these third-party sites and/or applications and does not control or take responsibility for any of these sites or their content. The Company does not endorse or make any representations about them, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites and/or applications linked to the Site and/or the App, you do so at your own risk, and the Company assumes no liability for such use. It is recommended that you review the terms of use and privacy policy of each third-party site you enter.

We have no obligation to update, amend, or clarify information provided on the Site and/or App based on any third-party websites, including pricing information, except as required by law. No specified update or refresh date applied on any third-party website will indicate that any information provided on the Site and/or App has been modified or updated.

User Comments, Feedback, and Other Submissions

The Site and/or App may offer forums, comment sections, or other interactive features, whether publicly accessible or not, that you may join and upload information or feedback at your own discretion (“Feedback”). Any Feedback provided on the Site and/or App is given entirely voluntarily, and we shall be free to use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback as we see fit, without obligation or restriction of any kind to any customer. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any comments; or (3) to respond to any Feedback.

You undertake not to upload any Feedback that violates the rights of any third party, contains unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services, the Site and/or the App, or any related website.

You agree not to use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any Feedback. Users are solely responsible for any Feedback made and its accuracy, and the reliance on any Feedback by other users. We take no responsibility and assume no liability for any Feedback posted by any user. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, may be unlawful, abusive, or obscene, or that may violate any intellectual property or this Agreement.

In addition to reviewing this Agreement, you should also review our Privacy Policy to better understand how we collect and use information. Your use of the Site and/or App and the Services constitutes your agreement to the terms and conditions of the Privacy Policy.

Return Policy

The return or exchange of any products or services shall take place only according to our Return Policy. Your use of the Site and/or App and the Services constitutes your agreement to the terms and conditions of the Return Policy.

Intellectual Property

The Site and/or the App, all information, and intellectual property referenced on the Site and/or the App, including patents, copyrights, logos, trademarks, and trade secrets, are legally owned by the Company or third parties. These rights apply to all information, computer code of the website, graphical design, products, company names, etc. All contents of the Site and/or the App are protected by copyright and trademark rights, except as specifically permitted herein.

Disclaimer

All information posted on the Site and/or the App is subject to change or removal without notice. The Company may make changes to the materials, products, features, and services available on the Site and/or the App at any time without notice. The prices and descriptions of products published on the Site and/or the App are also subject to change without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the product or service.

Information included on the Site and/or App may contain inadvertent errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, shipment times, and availability. We will endeavor to correct any errors, inaccuracies, or omissions and change or update information, and we may cancel orders if any information included on the Site and/or App is inaccurate at any time. We will try to update our customers in advance of such updates, but they may be made without prior notice, including after you have submitted your order.

The Company does not warrant that any information will meet any customer’s requirements or that the operation of the Site and/or the App will be uninterrupted or error-free, or that the Site and/or the App or the server that makes them available are free of viruses or bugs. The Company also does not warrant the quality or results of any products, services, information, or other material purchased or obtained by you. We do not guarantee immediate correction of any errors, if at all.

The information, products, and services published on the Site and/or the App may be out of date, and the Company makes no commitment to update the materials and services on the Site and/or the App.

We will make every effort to ensure that the products and services displayed on the Site and/or the App are accurate. However, please note that the device through which you access the Site and/or the App may affect the colors of the products and services.

All information posted on the Site and/or the App, the services, and other material available through the Site and/or the App are furnished “As Is,” “At Your Own Risk,” and “As Available” without any warranty whatsoever. Although the Company has attempted to provide accurate information on the Site and/or the App, the Company assumes no responsibility for the accuracy and completeness of any information posted on the Site and/or the App, services, or other material. The information and all other materials on the Site and/or the App are provided for general information purposes only and do not constitute professional advice. Your use of, or inability to use, the services is at your sole risk.

All other warranties, express or implied, including any warranties of merchantability, fitness for any particular purpose, or non-infringement of intellectual property, are specifically excluded and disclaimed.

Limitation of Liability

In no event will the Company, its suppliers, or other third parties mentioned on the Site and/or the App be liable for any damages whatsoever arising out of or relating to the use, inability to use, or the results of use of the Site and/or the App, any linked websites, applications, or other content, or any materials, information, product, or service contained at any or all such sites and/or applications, whether based on warranty, contract, tort, or any other legal theory. This includes, but is not limited to, lost profits, lost savings, lost data, business interruptions, or other special, consequential, or incidental damages. If your use of the materials, information, products, or services from the Site and/or the App results in the need for servicing, repair, or correction of equipment or data, you assume all costs thereof.

As some jurisdictions do not allow the exclusion or limitation of liability for certain damages, in those jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify the Company and its affiliates, directors, employees, agents, representatives, and third-party service providers and to defend and hold each of them harmless from any and all claims, actions, liabilities, damages, and costs (including attorney’s fees) (“Claims”) that may arise from your unauthorized use of the Site and/or the App, services, products, or information obtained through the use of the Site and/or the App, and/or your breach of this Agreement. The Company reserves the right to assume the exclusive defense of any such claim.

Local Legislations

The Company makes no representation that the content, information, products, or services offered through the Site and/or the App are appropriate, available, or legal in any particular location. Those who choose to access the content, information, products, or services offered through the Site and/or the App do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Each user understands and agrees that, in addition to money damages, the Company shall be entitled to equitable relief upon such user’s breach of any portion of this Agreement.

Those who access the Site and/or the App from locations outside [your applicable jurisdiction] are responsible for compliance with applicable local laws. Any claim relating to the Site and/or the App or use of the Site and/or the App will be governed by and interpreted in accordance with the laws of [your applicable jurisdiction], without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Site and/or the App will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts in [your applicable jurisdiction]. You hereby agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

Miscellaneous

Please note that we reserve the right, at any time and without prior notice, to modify, alter, or update this Agreement. The date of the most recent revision will appear on this page. Your continued access to the Site and/or the App and use of the Services constitutes your acceptance of any changes or revisions to this Agreement.

The Company also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site and/or the App, which may be posted in the relevant parts of the Site and/or the App and will be clearly identified. Your continued use of the Site and/or the App constitutes your agreement to comply with these additional rules.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement and/or your use of the Site and/or the App.

You may not assign any part of your rights and obligations under this Agreement without the Company’s prior written consent.

No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.

The terms of this Agreement are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent.

The titles and subtitles in this Agreement are used for convenience only and are not to be considered in construing it.

If any term or provision of this legal notice is held to be invalid, such invalidity shall not affect any other term or provision, and this legal notice shall be interpreted as if such term or provision had never been contained in this legal notice.

You may contact us at any time at: info@toddlerthinkers.com

Toddler Thinkers