Welcome to the Million Dollar Baby Co. (a.k.a Bexco Enterprises Inc.) Web sites, which include but are not limited to Milliondollarbabyco.com, Babyletto.com, DaVinciBaby.com, FranklinandBen.com and NurseryWorks.net, MillionDollarBaby.com, and Ubabub.us (the "Sites"). The Sites are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the "Agreement").
USE OF THE SITE
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. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.
By accepting these Terms and Conditions of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions of Use. If you are a parent or legal guardian agreeing to these Terms and Conditions of Use for the benefit of a child, be advised that you are fully responsible for the child's use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to or cannot comply with any of these Terms and Conditions of Use, do not use the Site.
All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms and Conditions of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
We reserve the right to refuse any order you place with us. We may, at 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 e-mail 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.
IMPORTANT SALES TAX INFORMATION
The sales tax quoted at time of checkout is only an estimate. The final total sales tax will be reflected on your invoice and will include state and local taxes, as well as any applicable rebates or fees.
Items sold and shipped to destinations in the following states and US territories may be subjected to tax: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
RIGHT TO CHANGE SITES
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.
Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Million Dollar Baby Co. or third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and international treaties. Million Dollar Baby Co., Million Dollar Baby Classic (?), Babyletto, DaVinci Baby, Franklin & Ben, and Nursery Works, and other trademarks appearing on the Sites are the trademarks of Million Dollar Baby Co. and/or its subsidiaries.
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 Million Dollar Baby Co.'s products and services. The Sites are controlled and operated by Million Dollar Baby Co.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Million Dollar Baby Co. is pleased to hear from users and welcomes your comments regarding our products and services. Million Dollar Baby Co.'s longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Million Dollar Baby Co.'s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Million Dollar Baby Co. may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Million Dollar Baby Co. Million Dollar Baby Co. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Million Dollar Baby Co. has the right but not the obligation to monitor and edit or remove any Comments.
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 e-mail address, pretend to be someone other than yourself, or otherwise mislead Million Dollar Baby Co. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Million Dollar Baby Co. takes no responsibility and assumes no liability for any Comments posted by your or any third party.
WEBSITE ACCESSIBILITY CONCERNS, COMPLAINTS, AND GRIEVANCES
Million Dollar Baby Co. is committed to ensuring accessibility for all visitors to our websites. All pages on this website will conform to the Web Content Accessibility Guidelines (WCAG) 2.0, Level AA conformance, or updated equivalents of these guidelines.
With regard to the Million Dollar Baby Co. web presence which is developed by, maintained by, or offered through third party vendors and open sources, the Million Dollar Baby Co. is committed to compliance with the provisions of the Americans with Disabilities Act (ADA), Section 504 and Title II so that all visitors to our sites will independently acquire the same information, engage in the same interactions, and enjoy the same benefits and services within the same timeframe as those without disabilities, with substantially equivalent ease of use; and that they are not excluded from participation in, denied the benefits of, or otherwise subjected to discrimination.
All existing web content produced by Million Dollar Baby Co. and new, updated and existing web content provided by third-party developers, will conform to Web Content Accessibility Guidelines (WCAG) 2.0, Level AA conformance, or updated equivalents. This Regulation applies to all new, updated, and existing web pages, as well as all web content produced or updated by the Million Dollar Baby Co. or provided by third-party developers.
Million Dollar Baby Co. will be reviewing and evaluating new material that is published and uploaded to the website for accessibility on a periodic basis. We will be reviewing all areas of the website and evaluating its accessibility on a periodic basis, and at least once per quarter. Any non-conforming webpages will be corrected in a timely manner.
Any visitor to our website may file a grievance regarding a violation of the Americans with Disabilities Act (ADA), Section 504 or Title II related to the accessibility of any official Million Dollar Baby Co. web presence that is developed by, maintained by, or offered through the Million Dollar Baby Co., third party vendors and/or open sources may complain directly to our webmaster. The initial grievance should be made by emailing email@example.com with the following information:
-Date of the Report
-Description of the problem encountered
-Web address or location of the problem page
-Contact information in case more details are needed (email and phone number)
When our webmaster receives the information, they shall immediately take action to provide access to the information, if possible, even before any investigation findings, and provide effective communication to the reporting party. The reporting party shall be contacted no later than three (3) working days following the date we received the grievance. The procedures to be followed are:
-An investigation of the grievance shall be completed within fifteen (15) working days.
-The investigator shall prepare a written report of the findings and conclusions within five (5) working days of the completion of the investigation.
-The investigator shall contact the Complainant upon conclusion of the investigation to discuss
the findings and conclusions and actions to be taken as a result of the investigation.
-A record of each complaint and grievance. The record shall include a copy of the complaint or
grievance filed, report of findings from the investigation, and the disposition of the matter.
PERSONAL INFORMATION SUBMITTED THROUGH THE SITES
Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may 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).
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.
PRICING AND PROMOTIONS POLICY
Occasionally we highlight promotional offers that may be exclusive to our site. These offers are only valid with the following terms:
1. Promotional discount codes must be applied at checkout prior to completing your order and within the stated validity period.
2. Promotions including promotional codes cannot be applied to previously placed orders or products not in stock at time of purchase.
3. Promotional codes are not transferable or redeemable for cash or credit.
4. Promotions cannot be combined with other offers (including sale items), and may only be redeemed once per customer unless otherwise stated.
5. and/or any other specified terms and conditions as advertised with the promotion.
Because of our contractual agreements with our trade partners and other authorized retailers, we do not match pricing, coupons, shipping rates, or any other promotional offers.
LINKS TO OTHER WEB SITES AND SERVICES
The Sites may contain links to other Web sites that are not under the control of Million Dollar Baby Co. Million Dollar Baby Co. has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.
The materials on the Sites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Million Dollar Baby Co. expressly disclaims any duty to update or revise the materials on the Sites, although Million Dollar Baby Co. may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. Million Dollar Baby Co. shall not be liable for any damages of any kind related to your use of the Sites.
You agree to defend, indemnify and hold Million Dollar Baby Co. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Million Dollar Baby Co. 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
(1) to Million Dollar Baby Co. at: Million Dollar Baby Co. Legal Department, 841 Washington Blvd., Montebello, CA 90640, Attn: General Counsel, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Million Dollar Baby Co. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
CHOICE OF LAW
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Southern District of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Million Dollar Baby Co. right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
These terms are effective unless and until terminated by either you or Million Dollar Baby Co. You may terminate this Agreement at any time. Million Dollar Baby Co. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.