Terms and Conditions
Agreement between User and kidsexpressgreetings.com
Welcome to kidsexpressgreetings.com. The kidsexpressgreetings.com website (the “Site”) is comprised of various web pages operated by Kids Express Greetings LLC. kidsexpressgreetings.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of kidsexpressgreetings.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Children greeting card sales.
Privacy
Your use of kidsexpressgreetings.com is subject to Kids Express Greetings LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting kidsexpressgreetings.com or sending emails to Kids Express Greetings LLC constitutes
electronic communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Kids Express Greetings LLC is
not responsible for third party access to your account that results from theft or misappropriation of
your account. Kids Express Greetings LLC and its associates reserve the right to refuse or cancel
service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Kids Express Greetings LLC does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you may use
kidsexpressgreetings.com only with permission of a parent or guardian.
Cancellation/Refund Policy
If you are not satisfied with your order, you may return it within 90 days of the original purchase
date. When we receive your return, we’ll issue a refund for the full purchase price (including
shipping costs) of the item on your original method of payment.
NOTE: We reserve the right to limit returns on large-quantity orders or seasonal closeouts.
Links to Third Party Sites/Third Party Services
kidsexpressgreetings.com may contain links to other websites (“Linked Sites”). The Linked Sites
are not under the control of Kids Express Greetings LLC and Kids Express Greetings LLC is not
responsible for the contents of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. Kids Express Greetings LLC is providing
these links to you only as a convenience, and the inclusion of any link does not imply endorsement
by Kids Express Greetings LLC of the site or any association with its operators.
Certain services made available via kidsexpressgreetings.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
kidsexpressgreetings.com domain, you hereby acknowledge and consent that Kids Express
Greetings LLC may share such information and data with any third party with whom Kids Express
Greetings LLC has a contractual relationship to provide the requested product, service or
functionality on behalf of kidsexpressgreetings.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
kidsexpressgreetings.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to Kids Express Greetings LLC that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party’s use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Kids Express Greetings
LLC or its suppliers and protected by copyright and other laws that protect intellectual property
and proprietary rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Kids Express Greetings LLC content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of Kids Express Greetings LLC and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Kids Express Greetings LLC or our licensors except as
expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
Services”). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
Kids Express Greetings LLC has no obligation to monitor the Communication Services. However,
Kids Express Greetings LLC reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Kids Express Greetings LLC reserves
the right to terminate your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
Kids Express Greetings LLC reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in Kids Express Greetings
LLC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Kids Express Greetings LLC does not control or endorse
the content, messages or information found in any Communication Service and, therefore, Kids
Express Greetings LLC specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Kids Express Greetings LLC spokespersons, and their
views do not necessarily reflect those of Kids Express Greetings LLC. Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to kidsexpressgreetings.com or Posted on Any Kids Express
Greetings LLC Web Page
Kids Express Greetings LLC does not claim ownership of the materials you provide to
kidsexpressgreetings.com (including feedback and suggestions) or post, upload, input or submit to
any Kids Express Greetings LLC Site or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing or submitting your Submission you are
granting Kids Express Greetings LLC, our affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Kids Express Greetings LLC is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in Kids Express Greetings LLC’s sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
Third Party Accounts
You will be able to connect your Kids Express Greetings LLC account to third party accounts. By
connecting your Kids Express Greetings LLC account to your third party account, you
acknowledge and agree that you are consenting to the continuous release of information about you
to others (in accordance with your privacy settings on those third party sites). If you do not want
information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Kids Express Greetings LLC from our
offices within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the Kids Express
Greetings LLC Content accessed through kidsexpressgreetings.com in any country or in any
manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Kids Express Greetings LLC, its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the
Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. Kids Express Greetings LLC reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with Kids Express Greetings LLC in asserting any available
defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Kids Express Greetings LLC agree otherwise, the
arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over
any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. KIDS EXPRESS GREETINGS LLC AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KIDS EXPRESS GREETINGS LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. KIDS EXPRESS GREETINGS LLC AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL KIDS EXPRESS GREETINGS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF KIDS EXPRESS GREETINGS LLC OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Kids Express Greetings LLC reserves the right, in its sole discretion, to terminate your access to
the Site and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State of Louisiana
and you hereby consent to the exclusive jurisdiction and venue of courts in Louisiana in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Kids Express Greetings LLC as a result of this agreement or use of the Site. Kids Express
Greetings LLC’s performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Kids Express Greetings LLC’s right to
comply with governmental, court and law enforcement requests or requirements relating to your
use of the Site or information provided to or gathered by Kids Express Greetings LLC with
respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Kids Express Greetings LLC with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and Kids Express Greetings LLC with respect to the Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related documents be written
in English.
Changes to Terms
Kids Express Greetings LLC reserves the right, in its sole discretion, to change the Terms under
which kidsexpressgreetings.com is offered. The most current version of the Terms will supersede
all previous versions. Kids Express Greetings LLC encourages you to periodically review the
Terms to stay informed of our updates.
Contact Us
Kids Express Greetings LLC welcomes your questions or comments regarding the Terms:
Kids Express Greetings LLC
PO Box 641642
Kenner, Louisiana 70064
Email Address:
[email protected]
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Effective as of December 17, 2019
