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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 c omph lations,and software, is the property of Kiinde.com 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 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 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 trade marks of Kiinde.com or Kiinde, LLC, in the United States and ot her 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, orin any manner thatdisparagesordiscreditsKiinde.com. All other trademarks notownedbyKiinde.com that appear on this site are the prop erty 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 a nd make personal use ofthis site and not to download (other than pagecaching) or modify it,or any portion of it, except w ithexpresswrrttenconsentofKiinde.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 me rchant;or any use of data mining, robots, or similardata gather -ing 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.corn.
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 an dour affiliates without express written consent fMetatags/faumaynot use any metatags or anyother "hidden text* utilizing Klinde.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 hyper-link to the home page ofKiinde.com as long as the link does not portray Kiinde.com, its affiliates, ortheir products or services in afalse, 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, a nd 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 suppl ydoes 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 othercontentofthis 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.corn ON AN *AS IS" AND "AS AVAILABLE" BASIS. Klindt.com MAKES NO REPRESENTA TIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPUED,ASTO 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 xom DOES NOT WARRANTTHATTHIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Kiinde.corn ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Kiinde.corn WIL L 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 APPLYTO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, ANDYOU 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 Fa st 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 conduced under the rules then prevailing of the American Arbitration Association.
B. Finality 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 orotherwise.
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 Termsand Conditions may be superseded by legal notices or terms locatedon particular pages of this Web Site.
16. SITE POLICIES, MODIFICATION, AND SEVERABILITY