Terms and Conditions
It is important for you to read this entire document thoroughly. You may refer back to it at any time by accessing the Account Agreement link within the website. In addition to this Agreement, you agree to be bound by and comply with such other written requirements as we may furnish to you in connection with either this service or products which may be accessed via this service, including, but not limited to, all account agreements, and with all applicable State and Federal laws and regulations
PLEASE SCROLL DOWN AND CAREFULLY READ THE ACCOUNT AGREEMENT BELOW.
By opening an account on Adore A Childs website you agree to be bound to these terms.
In this Agreement, "you" and "your" refer to the individuals, or parties who are the members/account holders, have an interest in the account(s) and agree to this Agreement. "We", “Adore A Child” refer to Adore A Child, Inc., its employees, members, representatives, officers and successors. The "Website" refers to Adoreachild.com
1. Changes to Account Agreement. We may add, change, or remove portions of this Agreement at any time. If we do so, we will post such changes on the website, or send them to you via e-mail. If any of these rules or any future changes are unacceptable to you, you may terminate you account by sending us an e-mail to: firstname.lastname@example.org . Your continued use of the website and/or account now, or following the posting of notice of any change in these terms, will indicate acceptance by you of such changes in term.
3. Payments and Prices/Fees. You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates that are in effect when submitting your order. We will bill all charges to the credit card you supply us. 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.
4. Cancellations/Order Changes Do not assume a cancellation or change of the order you have made with Adore A Child, has been effected until you receive a confirmation from Adore A Child via email. 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.
5. 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 (e.g. eighteen years of age) to enter into this Agreement and that no one except you has any interest in your account with us.
6. Order Confirmations, Notices, Statements 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 any other electronic means, all order confirmations, statements of referral balances, 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, Adore A Child reserves the right to determine the validity of your objection to the transaction. Such information, notices, and any other communications from Adore A Child shall be deemed to be delivered and available to you whether actually received or not.
You agree that Adore A Child 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, a posting on the website, an electronic mail attachment, 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 Adore A Child, promptly advise Adore a Child in order to allow us to make the required delivery through other means. Failure to advise Adore A Child of such difficulty within forty-eight hours after delivery shall serve as an affirmation that you were able to receive and open the document.
7. Responsibilities and Limitations of Liabilities. You represent that you will be the sole and exclusive authorized user of your password associated with your Adore A Child account and you accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (e.g. changes of address) entered into your account using such password.
You accept full responsibility of safeguarding and monitoring your account. You should immediately notify Adore A Child in writing, delivered via e-mail and certified/return receipt requested U.S. mail, if you become aware of any loss, theft or unauthorized use of your password and/or account number; or any failure by you to receive a message from us indicating that an order was received and executed or any inaccurate information in your account or transaction history.
If you fail to notify Adore A child immediately upon your knowledge when any of the above conditions occur, neither Adore A Child nor any of its employees can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order. Under no circumstances, including negligence, shall Adore A Child or anyone involved in creating, producing, delivering or managing Adore A Child 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 Adore A Child or out of any breach of any warranty by Adore A Child. 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, Adore A Child’s liability shall not include any hypothetical gains or losses. It is agreed that the Trier of fact shall consider only the actual facts, or lack thereof, of the parties to this Agreement.
To the full extent permissible by applicable law, Adore A Child disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability for a particular purpose.
The use and storage of any information, including, without limitation, the password, transaction activity, referral balances 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 and for all communications service fees and charges incurred by you in accessing the website.
8. Copyright. All content included on this site, such as text, graphics, logos, button icons, images, and data compilations, is the property of Adore A Child, 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 Adore A Child, Inc. and protected by U.S. and international copyright laws.
9. Limitations, Restrictions and Termination of Adoreachild.com Services. You are authorized to use all products or materials which are sold or made available to you by Adoreachild.com services only for your own needs. You are not authorized to resell products or access to any materials or to make copies of any materials for sale or use to and by others. You will not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials.
You understand that Adore A Child, Inc. may at any time, at our sole discretion and without prior notice to you, prohibit or restrict your access to the use of the website or your ability to purchase products on the website. Adore A Child Inc. may terminate your account at any time for any reason and without prior notice to you. You are free to terminate your account with Adore A Child, Inc. at any time for any reason. The closing of an account will not affect the rights and/or an obligations of either party incurred prior to the date the account is closed.
10. Risk of Loss/Warranties/Returns. All items purchased from Adore A Child are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass on to you upon delivery to the carrier.
The merchandise offered for sale by Adore A Child is manufactured by third parties and to the full extent permissible by law. Adore A Child disclaims all representations and warranties therein. All sales are final and items can be returned to the Company only pursuant to the Return Policy located on the website.
11. Mispricing. Despite our best efforts, a small number of the items on our website may be mispriced. If we discover a mispricing, we will do one of the following:
· If a products correct price is lower than our stated price, we will charge the lower amount and ship you the item.
· If products correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
12. Monitoring and Recording Telephone Conversations and E-Mail. For your protection and for the protection of Adore A Child, Inc., and as a tool to correct misunderstandings, you understand, agree and authorize Adore A Child, Inc., at its discretion, and without prior notice to you, to monitor and record any or all telephone conversations between you and Adore A Child, Inc. employees or agents and to monitor your electronic communications with Adore A Child.
13. 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.
14. Extraordinary Events/Technical Difficulties. You specifically agree to hold Adore A Child, Inc. harmless from any and all claims, and agree that Adore A Child, Inc. shall not be liable for any loss, actual or perceived, caused directly or indirectly by government regulation, exchange or market regulation, communication line failure, equipment failure, system failure, security failure in the internet, suspension of trading, strike, war, unauthorized access, theft, or any problem, technological or otherwise, that might prevent you from entering or Adore A Child, Inc. from executing an order, or other conditions beyond our control. Furthermore, in a technical environment, if an error occurs with respect to the tracking of any order or order entry, the true, actual and correct transaction or position will be restored. It is your responsibility to ensure account correctness and accuracy and to contact Adore A Child, Inc. immediately with any discrepancies.
15. 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 Adore A Child, Inc.
16. Amendments; 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. Adore A Child, 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 Adore A Child, Inc after such changes will constitute acknowledgment and acceptance of such amendment. This Agreement represents the entire agreement between you and Adore A Child, Inc concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on Adore A Child, Inc website, and by your use of Adore A Child, 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 Adore A Child, Inc.
17. 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.
18. Headings are Descriptive. The headings of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.