Welcome to Kiinde.com. To use the services offered at Kiinde.com or by any of Its affiliates, you must agree to the following conditions. If you visit or shop at Kiinde.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Kiinde.com service or visitor purchase from any business affiliated with Kiinde.com, whether or not included in the Kiinde.com Web Site, you will be subject to both this Terms and Conditions of Use agreement and the guidelines and conditions applicable to such service or business.
2. ELECTRONIC COMMUNICATIONS
When you visit Kiinde.com, make a purchase from our Web site, or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. COPYRIGHT PROTECTION
All content included on this site, such as text, graphics, logo s, button icons, images, audio clips, digital downloads, data, and software, is the property of Kiinde.com or its content suppliers and protected by the United States and international copyright laws. The compilation of all content on this site is the exclusive property of Kiinde.com and protected by US. and international copyright laws. All software used on this site is the property of Kilnde.com or its software suppliers and protected by the United States and international copyright laws.
A. Protected Marks. Kiinde®, LLC, Kiinde.com, Kozii®, and other marks indicated on our site are trademarks or registered trademarks of Kiinde.com or Kiinde®, LLC, in the United States and other countries.
B. Protected Graphics. All Kiinde.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Kiinde.com or Kinde, LLC Kiinde.com’s trademarks, and trade dress may not be used in connection with any product or service that is not Kiinde.conVs, in any manner that is likely to cause confusion among customers, or in any manner thatdisparagesordiscreditsKiinde.com. All other trademarks notownedbyKiinde.com 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 Kiinde.com.
One or more patents apply to this Site and to the features and services accessible via the Site, including, without limitation: US. Patent Application Number 61/403,346.
6. LICENSE AND SITE ACCESS
A General. Kiinde.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Kiinde.com.
B. No License for Commercial Sale. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots, or similar data gathering and extraction tools.
C. No Reproduction. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kiinde.con.
D. No Framing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kiinde.com and our affiliates without express written consent any use of metatags or any other “hidden text” utilizing Kiinde.com’s name or trademarks without the express written consent of Kiinde.com. Any unauthorized use terminates the permission or license granted by Kiinde.com
F. Linking. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Kiinde.com as long as the link does not portray Kiinde.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Kiinde.com logo or other proprietary graphic or trademark as partof the link without express written permission.
7. YOUR ACCOUNT
8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
A. Nature of Content. Visitors to Kiinde.com may post reviews, comments, and submit suggestions, ideas, comments, ques tions, or other information, as long as the content is not ille gal, 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, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
B False Information. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of posted content. Kiinde.com reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content
C Rights Granted Jf you do post content or submit material, and unless we indicate otherwise, you grant Kiinde.com and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kiinde.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose.
D. Rights Owned. You represent and wan-ant 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 you do not violate this policy and will not cause injury to any person or entity; and that you will indemnify Kiinde.com or its affiliates for all claims resulting from content you supply. Kiinde.com has the right but not the obligation to monitor and edit or remove any activity or content Kiinde.com takes no responsibility and assumes no liability for any content posted by you or any third party.
10. RISK OF LOSS
All items purchased from Kiinde.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 end carrier.
11. PRODUCT DESCRIPTIONS
Kiinde.com and its affiliates attempt to be as accurate as possible. However, Kiinde.com makes no warranties that the product descriptions and any other content of this site are accurate, complete, reliable, current, or error-free, if a product offered by Kiinde.com itself is not as described, your sole remedy is to return it in unused condition.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Kiinde.com ON AN *AS IS” AND “AS AVAILABLE” BASIS. Klindt.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS, TO THE OPERATION OFTHISSITEORTHEINFORMA TION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Kiinde.corn DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING^ BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAR T1CULAR PURPOSE. Kiinde.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Kiinde.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Kiinde.corn WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING^ BUT NOT UMTTEDTO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGESJF 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.
13. APPLICABLE LAW
Governing Law. By visiting Kiinde.corn, you agree that the laws of the state of Rhode Island, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute that might arise between you and Kiinde.corn or its affiliates.
A. Arbitration and Venue. Any dispute relating in any way to your visit to Kiinde.corn or to products you purchase through Kiinde.corn shall be submitted to confidential arbitration in Providence, Rhode Island except that, to the extent you have in any manner violated or threatened to violate Kiinde.com’s intellectual property rights, Kiinde.corn may seek injunctive or other appropriate relief in any state or federal court in the state of Rhode Island, 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.
B. Finally of Arbitration. 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.
15. REVISIONS TO THESE TERMS AND CONDITIONS
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
16. SITE POLICIES, MODIFICATION, AND SEVERABILITY
73 Naushon Avenue
Warwick, Rl 02888 USA
1. PERSONAL INFORMATION THAT WE COLLECT
Personal Information is information that can be used to identify, locate, or contact an individual. It also includes other information that may be associated with Personal Information. We collect the following types of Personal Information:
Contact Information that allows us to communicate with you, such as your name, postal addresses, email addresses, social media website user account names, telephone numbers, or other addresses at which you receive communications from or on behalf of Kiinde®.
Transaction Information about how you interact with Kiinde®, such as the products that you view or purchase and other information about how you use our Sites, email, other communications, and applications.
Financial Account Information as needed to process payments for products that you buy, such as your credit or debit card number, expiration date, and card verification number.
2. HOW WE COLLECT PERSONAL INFORMATION
We ask you for Personal Information (including Contact Information and Financial Account Information) when you register, create an account, or make a purchase from the Sites or contact us.
We also collect Transaction Information if you contact us via telephone, email, text, postal mail, social media interaction, or other methods of communication, such as for customer support purposes.
We collect information that you provide us about other people when you purchase products as gifts, including those persons’ Contact Information. We create transaction records of your gift to those persons.
3. How We Use Personal Information Kiinde® uses Personal Information to:
- Operate and improve our Sites;
- Facilitate purchases;
- Provide customer support;
- Communicate and provide additional information that may be of interest to you about Kiinde®, such as news, special offers and coupons, announcements, and marketing materials;
- Send you reminders, technical notices, updates, security alerts and support and administrative messages service bulletins, or marketing;
- Provide advertisements to you through the Sites, email messages, text messages, or other methods of communication; and
4. When and Why We Disclose Personal Information
We will not disclose your Personal Information to third parties except to:
The service providers that provide services for us such as sending emails on our behalf and processing payments. Oun service providers are bound by law or contract to protect the Personal Information and are only allowed to use the Personal Information in accordance with the terms of our service agreements with them. Effect of a merger, acquisition, or otherwise; to support the sale or transfer of business assets.
Enforce our rights or protect our property; to protect the rights, property or safety of others, investigate fraud, respond to a government request; or as needed to support auditing, compliance, and corporate governance functions. We may also disclose Personal Information to defend ourselves in litigation or a regulatory action, and when required or advised to do so by law, such as in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate. We may also disclose information about you that is not personally identifiable. For exam pie, we may provide business partners or other third parties with reports that contain aggregated and statistical data about our users.
5. Cookies and Related Technology
When you use our Sites, we may collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tools, and web server logs. As you use our Sites, your browser and devices communicate with servers operated by us, our business partners and services providers to coordinate and record your interactions with us and fill your requests for services and information.
The information from cookies and related technology may be stored in web server logs and also in web cookies kept on your computers or mobile devices, which may then transmitted back to our Sites by your computers or mobile devices. These servers are operated and the cookies managed by us, our business partners or our service providers.
For example, when you visit our Sites, Kiinde® and our service providers may place cookies on your computers or mobile devices. Cookies allow us to recognize you when you return, track and target your interests in order to provide a customized experience. They also help us provide a customized experience and help us to detect certain kinds of fraud. A “cookie” is a small amount of information that a web server sends to your browser that stores information about your account, your preferences, and some cookies are temporary, whereas others may be configured to last longer. “Session” cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. “Persistent” cookies are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser. We may use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided (such as your user id if you asked to be remembered), and stored Pixel tags and web beacons are tiny graphic images that we may place on website pages or in emails that allow us to determine whether you have performed specific actions. When you access pages or open email messages with pixel tags and web beacons, they may generate a notice of that action to us or our service providers. These tools allow us to measure response to our communications and improve our web pages and promotions.
We may collect many different types of information from cookies and other technologies. For example, we may collect information from the devices you use to access our Sites, your operating system type or mobile device model, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. Browsers routinely send these types of information to web servers. Our server logs also record the Internet Protocol (“IP”) addresses of the devices you use to interact with the Sites. An IP address is a unique identifier t In many cases, the information we collect using cookies and other tools is used in non-identifiable ways, without any reference to Personal Information. For example, we use the information we collect about Site users to optimize our Sites and understand its traffic and usage patterns. If we associate information collected by using cookies and related technologies with Personal Information, this Privacy Statement governs how we use that information.
Most browsers have settings that allow you to prevent your browser from accepting new cookies, or to have the browser notify yo u when you receive a new cookie, or to disable cookies altogether.
6. Information Security
Kiinde® uses reasonable administrative, technical, and physical controls to protect Personal Information. For instance, to protect the security of your Personal Information during transmission, we use industry-standard encryption technology to protect the information that you input and transmit to us over the Internet.
To prevent unauthorized access to sensitive information, it is important for you to monitor those who have access to your password and to your computer. Be sure to sign off when finished using a shared computer.
7. Accessing and Correcting Personal Information
You can review, update, and correct Personal Information about you. You can access and update your Contact Information, Financial Account Information, and the other information you provided to use in your profile by logging into your account and accessing the “My Account” section of the Site or sending us an email at [email protected].
If you want to close your account or have other questions or requests, please contact us at [email protected]. Please, note that we cannot always delete records of past interactions and transactions. For example, we may be required to retain records relating to previous purchases on the Sites for financial reporting and compliance reasons.
If you do not want to receive e-mail or other mail from us, please adjust your account setting regarding email contact preferences. Please note that you cannot waive the applicability of the Terms and Conditions of Use and other legal notices, such as this Privacy Notice, and if you elect not to receive those notices, they will still govern your use of the Sites. It is your responsibility to review them for changes.
8. Use By Children
We sell children’s products, but only for purchase by adults. We do not market or sell products to children. If you are under age 18, you may not make a purchase and may use the Sites only with the consent of a parent or guardian.
We reserve the right to periodically revise our Privacy Notice and the Terms and Conditions of Use. Please check the Web site regularly for any updates or changes to terms.
10. California Privacy Rights
California Civil Code § 1798.83 permits our visitors who are California residents to request certain information about the disclosure of their Personal Information to third parties for direct marketing purposes. To make such a request, please send an e-mail to [email protected] or write to us at:
73 Naushon Avenue
Warwick, Rl 02888 USA
Please allow 30 days for a response