WEB SITE TERMS OF USE

The terms and conditions listed below (the “Agreement”) shall govern your use of the Incredible Kid website (“Website”). These provisions affect your legal rights and remedies, so please read them carefully. Your use of the Website shall constitute your consent to be legally bound by, and comply with, all of the following terms and conditions.

I. USE OF WEBSITE
You agree to use the Website, and any products purchased from the Website (“Products”), exclusively (i) for personal, non-commercial purposes, except in a professional educational setting; (ii) in compliance with this Agreement and applicable law; and (iii) in a manner that does not violate the intellectual property or other rights of Incredible Kid or any third party.

II. COPYRIGHTS
Incredible Kid and certain third parties are the exclusive copyright owners of the Website and all works of authorship contained in the Website, including but not limited to the Products. Except as provided in Section I above, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit such materials without the prior written permission of an authorized representative of Incredible Kid.

III. TRADEMARKS
Incredible Kid and certain third parties are the exclusive owners of the names, logos, service marks, and trade dress displayed on the Website and Products (collectively, “Trademarks”). Nothing in this Agreement grants you any rights or license to the Trademarks.

IV. SUBMISSIONS
By offering this Website, Incredible Kid does not intend to solicit submissions of any ideas, suggestions, or any other materials relating to products or any other matters. If you do make submissions, Incredible Kid shall immediately assume exclusive ownership of the submissions and not treat them as your confidential or proprietary property. Incredible Kid may elect to use or not use your submissions in any manner, in its sole discretion, and without attribution or payment to you. Incredible Kid shall not be obligated to return any submissions to you. You may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit your submissions without the prior written permission of an authorized representative of Incredible Kid.

If you make submissions to Incredible Kid, you represent and warrant that (i) you have full right and legal capacity to execute and fully perform this Agreement; (ii) you are the sole author of your submissions to Incredible Kid, and such materials are not copied from or based on, in whole or in part, any other work, except for work in the public domain or provided by Incredible Kid; (iii) the use by Incredible Kid of such materials will not infringe on any right of any third party; and (iv) no pending or threatened claim or proceeding exists with respect to such materials.

V. ONLINE STORE
Our Website contains an “Online Store” that makes products available for purchase by consumers. The provisions in this Section V apply specifically to the Online Store.

A. Descriptions
All of the information contained in the Online Store is subject to change by Incredible Kid at any time, in its sole discretion and without prior notice. In addition, please note that your computer may not accurately depict the products on sale. The actual products may differ in color, size, or other characteristics from the images displayed on your computer monitor. Except as expressly provided in this Agreement, Incredible Kid makes no guarantees, representations, warranties, or promises regarding our products.

B. No Purchases by Minors
Incredible Kid prohibits the online purchase and registration of its products by minors. When you order or register a product from us, you represent that you are 18 years of age or older. In the event that a child under the age of 18 makes a purchase from Incredible Kid, we will refund the purchase price upon request of the parent or guardian in accordance with our returns policy stated below.

Except as expressly stated otherwise in this Agreement, Incredible Kid shall not be liable for any damages caused by the online purchase or registration of its products by minors. Incredible Kid encourages parents and guardians to monitor use of the Internet by their minor children.

C. Taxes
Incredible Kid or its third-party vendor may collect sales and use taxes, if applicable, from online purchasers. If Incredible Kid or the vendor do not collect such taxes from you, then you shall be responsible for paying any applicable taxes to your local government authorities.

D. Cancellation
The cancellation of purchase orders shall be governed by the policies of our third-party order fulfillment vendor.

E. Shipping
Incredible Kid attempts to ship products promptly upon receiving orders. However, we shall not be liable for any delays, lost products, or damages caused by our shipping vendors or any other third parties, or by conditions beyond our control.

Incredible Kid may impose shipping, postage, and handling charges on your online purchases. You agree to pay such amounts.

F. Returns Policy
Products may be returned and refunded for 100% of the purchase price within thirty (30) days of the purchase date. You must return the product at your own expense and with valid proof of purchase to the satisfaction of Incredible Kid. If feasible, please return the product in its original packaging. For further information and instructions, contact customerservice@incrediblekid.com.

VI. PRIVACY AND SECURITY
Please click here to review the Privacy Policy of Incredible Kid. The Privacy Policy is hereby incorporated into this Agreement.

When you submit personal information to us online, we will make reasonable efforts to maintain the security of that information. For example, we will arrange for encryption, firewall, and antivirus protection to the extent that we deem advisable to protect your personal information. However, Incredible Kid does not guarantee the security of its Website, and we expressly disclaim all liability for any computer virus or other problems that are not intentionally caused by Incredible Kid. You are encouraged to install and maintain firewall and antivirus software on your computer.

With regard to the Online Store, your purchase orders are processed by an unaffiliated third-party vendor on its own website. Your credit card information is exclusively subject to the security procedures and other policies of the third-party vendor. Incredible Kid shall not be liable for any harm caused by such vendor, whether due to negligence or otherwise. In the event that Incredible Kid receives your credit card information, we will make reasonable efforts to maintain the security of that information.

VII. WARRANTIES

A. Website
YOU BEAR THE ENTIRE RISK REGARDING THE QUALITY AND PERFORMANCE OF THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

B. Products
Incredible Kid warrants its products only (i) to the original purchasers; (ii) for a period of three (3) months from the original purchase date; and (iii) with regard to defective workmanship performed and material installed by Incredible Kid or its agents. This warranty does not cover damages caused by ordinary wear and tear, neglect, vandalism, or the improper installation, use, or repair of our products by anyone other than Incredible Kid or its agents.

Incredible Kid will, in its sole discretion, elect to repair or replace the defective product. We will replace the defective product either with the same product or a different product of the same value. In the event that a product under warranty is repaired or replaced, the original warranty shall be extended for an additional period of three (3) months from the date of repair or replacement.

In order to submit a claim under the warranty, please contact Incredible Kid at warranty@incrediblekid.com. We will require valid proof of purchase with your claim.

THIS WARRANTY SECTION DESCRIBES YOUR EXCLUSIVE REMEDY FOR ANY DEFECTS IN WORKSMANSHIP OR MATERIALS OF THE INCREDIBLE KID PRODUCTS PURCHASED ON THIS WEBSITE. INCREDIBLE KID EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, REPRESENTATIONS, PROMISES, OR GUARANTEES REGARDING ITS PRODUCTS PURCHASED ON THIS WEBSITE.

VIII. LIMITATION OF LIABILITY
INCREDIBLE KID SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCTS PURCHASED ON THIS WEBSITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF INCREDIBLE KID TO YOU EXCEED THE AMOUNT YOU PAID TO INCREDIBLE KID, IF ANY, FOR PRODUCTS PURCHASED ON THIS WEBSITE.

You agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

In the event of a dispute with Incredible Kid, you may contact the Complaint Assistance Unit of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254.

IX. NO LIABILITY FOR THIRD PARTIES
Incredible Kid uses unaffiliated third parties for services such as operating the Website, processing purchase orders, and assisting our customers. Incredible Kid does not control such third parties and shall not assume any obligation, risk, or liability with regard to their services.

This Website contains links to websites of unaffiliated third parties. Incredible Kid has no control over the content of such websites and shall not assume any obligation, risk, or liability with regard to the websites. Incredible Kid does not endorse, approve, or sponsor the websites or their sponsors.

In the event that this Website contains advertisements of the products or services of third parties, Incredible Kid shall not assume any obligation, risk, or liability with regard to such products or services.

X. MISCELLANEOUS

A. Indemnity
You agree to indemnify, defend, and hold harmless Incredible Kid and its affiliates, subsidiaries, successors, assignees, licensors, licensees, directors, officers, employees, agents, business partners, and owners from any claims, damages, liabilities, costs, or expenses (including but not limited to court costs, collection costs, and reasonable attorneys’ fees) related to (i) your use of the Website or Products; or (ii) your breach of this Agreement.

B. Headings
The section and subject headings in this Agreement are included for reference only and shall not be used to interpret any provisions of this Agreement.

C. Dispute Resolution
Any controversy or claim relating to this Agreement, the Website, or the Products shall be submitted to the judicial courts located in the State of California and governed exclusively by the laws of that location and the United States. By using the Website, you consent to the exclusive jurisdiction of such courts. You must commence any legal action against Incredible Kid within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the facts or occurrence related to that harm. YOU HEREBY WAIVE YOUR RIGHTS (i) TO A JURY TRIAL; AND (ii) TO PARTICIPATE IN ANY CLASS ACTION AGAINST INCREDIBLE KID.

D. Severability
If any provision of this Agreement is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from this Agreement, and the remainder of the Agreement shall continue in full force and effect.

E. Changes
This Agreement constitutes the complete agreement of you and Incredible Kid regarding the Website and Products. Incredible Kid may, from time to time in its sole discretion, make changes to the Website, any products or services offered through the Website, or this Agreement. Any amendments to or waivers of this Agreement by Incredible Kid shall be valid only if made in writing. Your use of the Website following the effective date of any changes shall constitute your acceptance of the changes.

Thank you for giving us the opportunity to explain our website terms and conditions. Have an INCREDIBLE day!