Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Bright Kids' World LLC. The collective work includes works that are licensed to Bright Kids' World LLC. Copyright 2008, Bright Kids' World LLC ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Bright Kids' World LLC or purchasing Bright Kids' World LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Bright Kids' World LLC or to purchase Bright Kids' World LLC products.
Any other use, including but not limited to the commercial use of this site, the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Bright Kids' World LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Bright Kids' World LLC used in the site are trademarks or registered trademarks of Bright Kids' World LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Bright Kids' World LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Bright Kids' World LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.
Bright Kids' World LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
Bright Kids' World LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Bright Kids' World LLC has been advised of the possibility of such damages.
Typographical Errors
In the event that a Bright Kids' World LLC product is mistakenly listed at an incorrect price, Bright Kids' World LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Bright Kids' World LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Bright Kids' World LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Product Descriptions
Bright Kids' World LLC and its affiliates attempt to be as accurate as possible. However, Bright Kids' World LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Bright Kids' World LLC is not as described, your sole remedy is to return it in unused condition.
Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Bright Kids' World LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, Use of Information, Product Descriptions, Use of Site, Third Party Links, and Electronic Communications shall survive any termination.
Notice
Bright Kids' World LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Bright Kids' World LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Colorado, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Bright Kids' World LLC products) shall be in the state or federal courts located in Larimer County, Colorado.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Bright Kids' World LLC products) must be commenced within one (1) year after the claim or cause of action arises. Bright Kids' World LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Bright Kids' World LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Information
Bright Kids' World LLC does not endorse any particular programs or course of instruction for any child or person. We encourage parents to consult with educators and other professionals who know the child before determining how a child's needs should be addressed.
Bright Kids' World LLC provides lists of books, resources, and links to other web sites for the user's convenience. Listing of materials and resources on this web site should not be construed or interpreted as an endorsement by Bright Kids' World LLC. The inclusion of links is not intended to endorse any views expressed on these outside sites, or the organizations sponsoring the sites. Bright Kids' World LLC does not control or guarantee the quality of this outside information.
Bright Kids' World LLC reserves the right to delete messages from forums or reviews because of offensive language or for any other reason. However, Bright Kids' World LLC cannot verify the identity or good faith of those who post messages and Bright Kids' World LLC does not necessarily endorse any of the opinions expressed on any of the forums or reviews.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Bright Kids' World LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Bright Kids' World LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Bright Kids' World LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.
Bright Kids' World LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Bright Kids' World LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Bright Kids' World LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Bright Kids' World LLC may link to sites operated by third parties. However, even if the third party is affiliated with Bright Kids' World LLC, Bright Kids' World LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Bright Kids' World LLC. These linked sites are only for your convenience and therefore you access them at your own risk.
Nonetheless, Bright Kids' World LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Electronic Communications
By visiting this web site, or by sending e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this web 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.
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