The www.idealbaby.com web site (the “Site”) and www.idealdaily.com (the “Blog”) is owned by JM Distributors Group (“the Company”). The Company’s parent, Ideal Corp (“Ideal Baby & Kids”), assists with the operation and maintenance of the site.
This Account Agreement governs your account and all purchases with idealbaby.com. Other services on Idealbaby.com or provided by idealbaby.com may be governed by additional terms and conditions.
Creation of an account on idealbaby.com constitutes acceptance of these terms. If you do not agree to be bound by the terms of this Agreement, do not proceed with opening an account at Idealbaby.com or purchasing any products therein.
In this Agreement, "you" and "your" refer to the individuals, corporations or parties who are the members/account holders, have an interest in the account(s) and agree to this Agreement. "We", "Idealbaby.com" and "Ideal Baby & Kids” refer to JM Distributors Group, its employees, members, representatives, officers, directors, agents, successors and assigns. The "Website" refers to Idealbaby.com.
Reviews and Materials Submitted. Idealbaby.com may permit you to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Idealbaby.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, such content and/or material will be considered non-confidential and non-proprietary and you grant idealbaby.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and/or content throughout the world in any media. You grant idealbaby.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify idealbaby.com or its affiliates for all claims resulting from content you supply. Idealbaby.com has the right but not the obligation to monitor and edit or remove any activity or content. Idealbaby.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Without limiting any of aforementioned, idealbaby.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to idealbaby.com for any purpose whatsoever, including, but not limited to, developing and marketing products using said information.
Representation as to Capacity to Enter into Agreement. You represent that you have the required legal capacity and that you are of the required legal age (i.e., eighteen years of age) to enter into this Agreement and that no one except you has any interest in your account with us.
Prohibited Use and Inappropriate Materials. You agree to use idealbaby.com only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, libelous, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you shall not post any materials that (1) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (2) contain a virus, spyware, malware, or other harmful component, (3) contain embedded links or advertising, (4) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from idealbaby.com or its affiliates. You alone are responsible for the content and consequences of any of your activities.
Prices/Fees and Payments. You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when submitting your order. We will bill all charges to the credit card you have provided. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed your account using your user name and password without your authorization, you must contact us immediately.
Product Information and Descriptions. We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through the Site. Idealbaby.com does not warrant that product descriptions on the Site are accurate, complete, reliable, current, or error-free. If a product offered by idealbaby.com itself is not as described, your sole remedy is to return it promptly in unused condition by contacting [email protected].
Order Confirmations, Statements, Notices and Other Communications. You understand that it is your responsibility to review, upon first receipt, whether delivered to you by e-mail, by a posting on the website, or by all other electronic means, all order confirmations, transaction history, notices and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within forty-eight hours after any such document or information is sent to you or available on the website. In all cases, idealbaby.com reserves the right to determine the validity of your objection to the transaction. Such notices, information and other communications from idealbaby.com shall be deemed to be delivered and available to you whether actually received or not.
You agree that idealbaby.com fulfills its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, a posting on the website, or in the form of an available download from the website. You represent that you will download the relevant document promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by idealbaby.com, you will promptly advise idealbaby.com in order to allow us to make the required delivery by other means. Failure to advise idealbaby.com of such difficulty within forty-eight hours after delivery shall serve as an affirmation that you were able to receive and open said document.
Order Changes/Cancellations. Do not assume a cancellation or change of ANY order you have made with idealbaby.com has been effected until you receive a confirmation from idealbaby.com via email or the website. As stated above, you will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received.
Responsibilities and Limitations of Liabilities. You represent that you will be the sole and exclusive authorized user of your password associated with your idealbaby.com account and you accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes entered into your account using said password.
Under no circumstances, including negligence, shall idealbaby.com or anyone involved in creating, producing, delivering or managing idealbaby.com's services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the website, the services provided by idealbaby.com or out of any breach of any warranty by idealbaby.com. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, idealbaby.com's liability shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual facts, or lack thereof, of the parties to this Agreement.
To the full extent permissible by applicable law, idealbaby.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
The use and storage of any information, including, without limitation, the password, transaction activity, and any other information or orders available on your personal computer is at your own risk and is your sole responsibility. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the website or related services, and for all communications service fees and charges incurred by you in accessing the website or related services.
NEITHER IDEALBABY.COM, IDEALDAILY.COM, NOR IDEAL BABY & KIDS WILL BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF OUR SITE OR ANY OTHER WEB SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) OUR SITE OR ANY OTHER WEB SITE TO WHICH YOU HYPERLINK OR SHARE LINK (AS DESCRIBED BELOW) FROM OUR SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
FURTHERMORE, NEITHER WE NOR IDEAL BABY & KIDS ARE LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. IDEALBABY.COM THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY.
Erroneous Pricing. Despite our best efforts, a small number of the items on our website may be mispriced. If we discover a incorrect price, one of the following may take place:
1. If an item's correct price is lower than our online price, we will charge the lower amount and ship you the item.
2. If an item's correct price is higher than our online price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Trademarks. "Idealbaby.com", "idealdaily.com” and "Ideal Baby & Kids" and other marks indicated on our site are trademarks of idealbaby.com, Inc. in the United States and other countries. idealbaby.com’s trademarks and trade dress may not be used in connection with any product or service that is not of idealbaby.com, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits idealbaby.com. All other trademarks not owned by idealbaby.com, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by idealbaby.com.
Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of idealbaby.com, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of idealbaby.com, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of idealbaby.com, Inc. or its software suppliers and protected by United States and international copyright laws.
Third Party Content. Please be advised that any third party content provided by idealbaby.com is provided for informational purposes only and idealbaby.com cannot and does not investigate the legitimacy, vailidty, accuracy and legality of the items listed and expressly disclaims any responsibility or liability arising out of or relating to any third party content listed on idealbaby.com or idealdaily.com.
Risk of Loss/Warranties/Returns. All items purchased from idealbaby.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You, the customer are responsible for filing any claims damaged and/or lost shipments with the carrier.
The merchandise offered for sale by idealbaby.com is manufactured by third parties and to the full extent permissible by law, idealbaby.com disclaims all representations and warranties therein. Furthermore, all sales are final and items can be returned to the Company only pursuant to the Return Policy located on the website. Problems or defects with such merchandise should be forwarded to the manufacturer of the merchandise.
Monitoring and Recording Telephone Conversations and E-Mail. For your protection and for the protection of idealbaby.com, Inc., and as a tool to correct misunderstandings, you understand, agree and authorize idealbaby.com, Inc., at its discretion, and without further prior notice to you, to monitor and record any or all telephone conversations between you and idealbaby.com, Inc. and any of idealbaby.com, Inc.'s employees or agents and to monitor your electronic communications with idealbaby.com, Inc.
Legally Binding. You hereby agree that this Agreement and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, successors and assigns.
Extraordinary Events/Technical Difficulties. You specifically agree to hold idealbaby.com, Inc. harmless from any and all claims, and agree that idealbaby.com, Inc. shall not be liable for any loss, actual or perceived, caused directly or indirectly by government regulation, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorized access, theft, or any problem, technological or otherwise, that might prevent you from entering or idealbaby.com, Inc. from executing an order, or other conditions beyond our control.
The Laws of the State of Florida Govern/Assignment. This Agreement and its enforcement shall be governed by the laws of Florida and shall cover individually and collectively all accounts you may open with idealbaby.com, Inc. and shall be binding upon you and your successors (whether by merger, consolidation or otherwise), heirs, executors, administrators, and assigns. This Agreement shall inure to the benefit of idealbaby.com, Inc. and its successors, assigns and agents. idealbaby.com, Inc. may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice, or to any other entity upon prior written notice to you.
Agreement to Arbitrate Controversies. Any dispute relating in any way to your visit to Idealbaby.com or to products you purchase through Idealbaby.com or by phone shall be submitted to confidential arbitration in Florida, except that, to the extent you have in any manner violated or threatened to violate idealbaby.com, Inc.'s intellectual property rights, idealbaby.com, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Waiver. Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of idealbaby.com, Inc.
Amendments to the Entire Agreement. You understand that access to and your use of your account constitutes your consent to and agreement to abide by the terms and conditions of this Account Agreement. idealbaby.com, Inc may at any time revise these terms and conditions by updating the Account Agreement. You agree to be bound by subsequent revisions and agree to review the Account Agreement periodically for changes to the terms and conditions of the Account Agreement. The most up to date version of the Account Agreement will always be available for your review on the website. Continued use of idealbaby.com, Inc after such changes will constitute acknowledgment and acceptance of such amendment. This Agreement represents the entire agreement between you and idealbaby.com, Inc concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on idealbaby.com, Inc website, and by your use of idealbaby.com, Inc website and services, you agree to be bound by any and all such postings. You may not assign any right or obligations hereunder without first obtaining the prior written consent by an authorized officer of idealbaby.com, Inc.
Separability. If any provision or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.