Trademarks and Copyrights
Redistribution, retransmission, republication or commercial exploitation of the contents of this Website is expressly prohibited without the written consent of Kolcraft and any copyright owner from whom we have obtained a license. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without Kolcraft’s written permission. Requests for such permission should be made to the contact specified below. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this Website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these Terms. Nothing on this Website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Kolcraft or any third-party, whether by estoppel, implication, or otherwise. All trademarks, brands and trade names are the property of their respective owners. Except as otherwise noted, Kolcraft is the owner of all trademarks and service marks on this Website, whether registered or not. All registered trademarks are registered in the United States of America and other jurisdictions where relevant. Sealy® and Stearns & Foster® are licensed trademarks of Sealy Technology, LLC and Tempur® is a licensed trademark of Tempur World, LLC. The following is a partial list of trademarks of Kolcraft Enterprises, Inc.: Kolcraft® and Contours®.
Hyperlinks and Content of Third-party Websites
This Website may contain hyperlinks to third-party websites. Those websites are the sole responsibility of such independent third parties and use thereof is solely at your own risk. Kolcraft has no control over the content or policies of such third-party websites, and we are not responsible or liable for the content, accuracy or reliability of any websites hyperlinked to this Website. Those who choose to access information from this Website, including any such information obtained through any hyperlink, are solely responsible for the compliance of such information with any applicable law.
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (”Content“) is available on the Website. Some of the Content is provided by Kolcraft, and other Content is provided by persons who use this Website (”Users“), such as User opinions, views, and photos provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Kolcraft strives to keep the Content that it posts on this Website accurate, complete, and up-to-date, Kolcraft cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Kolcraft, or by Users of this Website. Any opinions, advice, statements, photos, or other information expressed or made available by Users or third-parties, including but not limited to bloggers, are those of the respective User or other third-party and not of Kolcraft or its management. Kolcraft does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on this Website. All User Content can be viewed by all Users and anyone viewing this Website. Anything you disclose or offer to us by or through this Website, including Content, e-mails to Kolcraft or any of its brands, postings on interactive portions of this Website (collectively referred to as “Communications”), shall be deemed and shall remain the property of Kolcraft. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. Kolcraft is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this Website, through e-mail, or through any means other than through the procedures outlined elsewhere in this Website, you hereby RELEASE Kolcraft from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this Website or Kolcraft, you hereby grant Kolcraft, to the extent you retain any rights, the unlimited, and perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived.
Interactive Areas and Code of Acceptable Conduct
Kolcraft has the right (but not the obligation), at its sole discretion, to filter, censor, edit, remove, or otherwise regulate information and content provided by third-parties on this Website, including any such information or photographs provided in interactive areas. We neither endorse nor are responsible or liable for the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
You will not upload viruses or harmful components.
You will not use the website to further any illegal purpose or violate the rights of any party.
You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
Kolcraft will actively assist law-enforcement officials investigating illegal activity or violations of these Terms. You agree to indemnify Kolcraft fully for any violations to this Code of Conduct.
Products and Services
description or reference via hyperlink) does not imply endorsement by Kolcraft of that product or service. Products offered through this website shall be warranted, if at all, through the written warranty provided in connection with such product. Further information regarding product pricing, shipment and deliver and product returns can be found in our Terms of Service.
When you visit our website or send us e-mails, you have chosen to communicate with us electronically and you consent to receive communications from us electronically. We will communicate with registered users by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy all legal requirements that such communications be in written form.
Procedure and Notice for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement must be submitted to the following Designated Agent: Service Provider(s): Kolcraft Enterprises, Inc. Name of Agent Designated to Receive Notification of Claimed Infringement: Vice-President Marketing Full Address of Designated Agent to Which Notification Should Be Sent: 1100 W. Monroe, Chicago, IL 60607 Telephone Number of Designated Agent: (312) 361-6315 Facsimile Number of Designated Agent: (312) 829-2164 E-mail Address of Designated Agent: email@example.com To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
No Representations or Warranties
Kolcraft makes no representations or warranties that this Website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Website or Kolcraft’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD KOLCRAFT HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this Website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED “AS IS.” KOLCRAFT DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KOLCRAFT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KOLCRAFT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Choice of Law
Kolcraft controls and manages this Website from its headquarters in the State of Illinois in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this Website are legal, available or appropriate in your country or region. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law.
Both You and Kolcraft irrevocably consent to the exclusive jurisdiction of the courts located in the state of Illinois in connection with any action arising out of, or related to, these Terms or their subject matter. You and Kolcraft waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens in any such action.
PLEASE READ THIS SECTION CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. Disputes or claims relating to these Terms, this Website, or any products sold or distributed through this Website, will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to the Terms. We each agree that all dispute resolution proceedings will be conducted on an individual basis and not as a class, consolidated or representative action or matter. For any reason, if a claim proceeds in court rather than arbitration, WE EACH WAIVE OUR RIGHT TO TRIAL BY JURY. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions.