Terms and Conditions of Use
Thank you for visiting the Kickee Pants retail site! It is important to us that your experience as our guest be the best it can be so please review our Terms and Conditions of Use. By accessing our store, or shopping from our catalog or website, you expressly agree and consent to all the following terms and conditions.
Registration and Your Account
Upon registration you are responsible for your password and account access and you agree to accept all responsibility for actions that occur under your account and password. Impersonations of any kind, such as false e-mail addresses or misrepresentation of identity or authorship, will also constitute a breach of these Terms and Conditions of Use.
Minimum Age Requirement
Website Admission and License
A limited license allows for restricted access to our store for personal use, which means, without express written consent from Kickee Pants, modifications and/or downloading (except for page caching) of content from our store is forbidden. Not included in this restricted license is the collection and use of any product descriptions, prices, or listings; any derivative use of our store, catalogs or other content; any commercial use or resale of our store, catalogs or other content; any use of data mining, robots, or similar culling and information collection devices. No portion of our store, catalogs or other content may be copied, duplicated, reproduced, visited, sold or resold, or otherwise exploited for any commercial purpose without express written consent of Kicky Pants, Inc. Restricted, nonexclusive, and rescindable rights to create a hyperlink to the homepage of any of our stores is permissible so long as the link does not portray Kickee Pants, our products or our affiliates in a derogatory, false, misleading or otherwise repugnant matter. No part of that link can use any logo or other proprietary graphic or trademark of Kickee Pants. Without express written consent, you may not frame or use framing techniques to enclose any content, trademark, logo, or other content of Kickee Pants and our affiliates. Any unauthorized use of our store terminates the permission or license granted by Kickee Pants.
We reserve the right to change any price at which we offer goods or services and to correct any errors in the pricing contained in our store, website or catalog. We shall have no liability for any such changes or errors and are not bound to fulfill orders at old or erroneous prices.
Transfer of Risk and Title
When you order an item at kickee.ca, the purchase is pursuant to a shipment contract. That means once we deliver your purchase to the shipping company, the risk of loss and title of your purchase passes to you.
Challenge of Service
If for some reason there is a disagreement relating to the products you have purchased through our store, website or catalogs, the challenge of service can be submitted to confidential arbitration in Los Angeles, CA. 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 these Terms and Conditions of Use shall be joined to an arbitration involving any other party subject to these Terms and Conditions of Use, whether through class arbitration proceedings or otherwise.
Contents and Graphics
We are committed to correcting any graphical, textual, or factual errors in our content. Whether it is a misspelled word, broken link, or a missing or incorrectly matched photo, please notify us and we will do our best quickly to rectify any errors. Kickee Pants does not warrant that our product descriptions or other content are current, reliable, accurate or complete. If you feel a product received by you from Kickee Pants is not as it is described, your only course of action is to return the item in unused condition.
Content generated by Kickee Pants, such as text, web pages and e-mail communications, banner advertisements, graphics, photography, logos, button icons, images, video, audio clips and software, is the property of Kickee Pants or its content suppliers, and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content in our stores and catalogs is the exclusive property of Kickee Pants and is protected by U.S. and international copyright laws. All software used to present and manage our stores is the property of Kickee Pants or its software suppliers and protected by U.S. and international copyright laws. You may use the content and software published on our stores as a shopping and information resource only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of our content or software is strictly prohibited.
All trademarks, service marks, and trade names employed by Kickee Pants are proprietary to Kickee Pants or other respective owners that have granted Kickee Pants the right and license to use such trademarks, service marks, and trade names, and are protected by U.S. and international trademark laws. Without express written consent, Kickee Pants’ trademarks and trade dress may not be used in connection with any product or service that is not Kickee Pants, in any manner that is likely to cause confusion among our customers or guests, or in any manner that disparages or discredits Kickee Pants. The use of meta tags or any other concealed text or search words exploiting the name or trademarks of Kickee Pants is expressly forbidden. To the extent you have in any manner violated or threatened to violate Kickee Pants’ intellectual property rights, Kickee Pants may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Any other trademarks that appear in our stores, website or catalog that are not owned by Kickee Pants or its subsidiaries are the property of their respective owners, who may or may not be associated with Kickee Pants or its subsidiaries.
Our stores and catalogs are provided on an "as is" basis. Kickee Pants makes no representations or warranties of any kind, express or implied, as to the operation of our stores, the information, content, materials or products, included in our stores and catalogs. Price and availability information is subject to change without notice. All orders are subject to acceptance, verification and confirmation by Kickee Pants. To the full extent permissible by applicable law, Kickee Pants disclaims all warranties, express or implied, including but not limited to, implied warranties or merchantability and fitness for a particular purpose. Kickee Pants will not be liable for any damages of any kind arising from the use of our stores, including but not limited to direct, indirect, incidental, punitive and consequential damages. Kickee Pants does not guarantee that our stores, servers or e-mail sent from or through us or our stores are free from viruses or other injurious elements. 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 reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders at our sole discretion.
By visiting our stores you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Kickee Pants or its affiliates.
If any of these Terms and Conditions of Use shall be regarded as invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Modification and Termination
Kickee Pants may modify or terminate these Terms and Conditions of Use at any time and may do so immediately without notice or cause. Information collected under prior policies will be subject to the modified policies. Kickee Pants may also withdraw any rights it has granted to you and deny you access to our stores. In such event you must promptly destroy all materials downloaded or otherwise obtained from our stores, as well as all copies of such materials, whether made under the terms of these Terms and Conditions of Use or otherwise.