Terms
PLEASE READ THE TERMS BELOW CAREFULLY AS Terms of Use
Effective as of February 22, 2022
Welcome to the Kids Growwear website, which includes but is not limited to, kidsgrowwear.com and growwear.com (the "Sites"). The Sites are provided as a service to you, our customers. You must be age 16 or older to use the Sites. The following terms and conditions govern your use of the Sites (the "Agreement").
YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.
WEBSITE TRANSACTIONS AND CONTENTS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, patents and/or other intellectual property (collectively, the "Contents"), are owned by KIDS GROWWEAR.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote Kids Growwear's products in the United States.
ERRORS, INACCURACIES AND OMISSIONS
Information on our Sites may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Kids Growwear is pleased to hear from you and welcomes your comments regarding our products. If you send certain specific submissions at our request (for example, contest entries, customer reviews or photographs), post comments, photos, reviews or other content on the Sites, or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. Kids Growwear is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments. You may not repost, republish, or redistribute Comments outside of the Sites.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Kids Growwear or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Kids Growwear takes no responsibility and assumes no liability for any Comments posted by you or any third party.
PERSONAL INFORMATION SUBMITTED THROUGH OUR WEBSITE
Your submission of personal information through the Sites is governed by our Privacy Policy. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
LINKS TO OTHER WEBSITES AND SERVICES
The Sites may contain links to other websites that are not under the control of Kids Growwear. Kids Growwear has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Sites and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.
INDEMNIFICATION
You agree to defend, indemnify and hold Kids Growwear harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Informal Dispute Resolution.
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Kids Growwear agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent Kids Growwear at the following address:
Attn: Customer Service
Kids Growwear, LLC
10226 Curry Ford Road
Suite 10737
Orlando, FL 32825
And to you at your last-used billing address or the billing and/or shipping address in our customer database.
Both you and Kids Growwear agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Arbitration Agreement.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute must be resolved through binding individual arbitration. You and Kids Growwear agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Kids Growwear expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
In lieu of arbitration, either you or Kids Growwear may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
SEVERABILITY
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
GENERAL
This Agreement and Arbitration Agreement are governed by the laws of the State of Florida, without regard to any conflict of law provisions. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Kids Growwear's right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Sites.