PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below. If you do not agree to these terms of use, please do not use this website. DJG can revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.
This website is owned and operated by Dorel Juvenile Group, Inc. and its affiliates (collectively "DJG," "we," or "us"). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.
Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, modification, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of DJG and any copyright owner from whom we have obtained a license. Requests for such permission should be made to the contact specified below. You right to use and access this site does not include any commercial collection or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use.
CONTENTS AND HYPERLINKS
This website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. DJG has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. DJG does not allow the unauthorized use of its logos, trademarks, or other graphics to create links to this site.
USER CONTENT
DJG is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except through the specific mechanisms set up on this site to receive such ideas. Except as otherwise explicitly provided on this site, (1) anything you disclose or offer to us by or through this website ("Disclosures"), including e-mails or submissions to DJG or postings on interactive portions of this website, shall be deemed and shall remain the property of DJG; (2) any such Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret; (3) DJG is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information; and (4) you hereby RELEASE DJG from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure.
INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT
DJG does not ordinarily, but reserves the right to in its
sole discretion, filter, censor, edit or regulate information and content
provided by third parties on this website, including any such information
provided in chat rooms, bulletin boards or other interactive areas, and we
neither endorse nor are responsible for (and under no circumstances shall be
liable for) the contents, accuracy or reliability of such information and
content. If you have concerns or complaints
about any of the content shown on this site, you may notify us using the
contact points below. When participating in
interactive portions of this website, you represent that you have proper right
and authorization to use any information or content you upload or post and
agree to abide by the following code of acceptable conduct: 1. You will not
upload or otherwise provide infringing, defamatory, obscene, pornographic,
threatening, abusive, illegal or otherwise improper content. 2. You will not upload viruses or harmful
components. 3. You will not use the website to further any
illegal purpose or to violate the rights of any party. 4. You will not upload or otherwise provide
content with a commercial purpose or attempt to solicit funds or advertise
goods and services. DJG will assist law-enforcement officials investigating
illegal activity or violations of these terms of use .
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims.
ELECTRONIC COMMUNICATIONS
When you visit our website or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with registered users 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.
PRODUCTS
Your purchase of products from this website is subject to the applicable terms of sale set forth on this website, including those applicable to the order, shipping and return of products. In the event a product is listed at an incorrect price due to mistake or typographical or other error, we will have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted. Products offered through this website shall be warranted, if at all, only through the written warranty provided in connection with such product. ANY APPLICABLE WRITTEN LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LENGTH OF SUCH WRITTEN LIMITED WARRANTY.
NO REPRESENTATIONS OR WARRANTIES
DJG makes no representations or warranties that this website
is free of defects, viruses or other harmful components. We shall not be responsible for any damages
or loss that may result from the hacking or infiltration of this website or
DJG's computer systems. The pages on
this website may contain technical inaccuracies, outdated information and
typographical errors. YOU HAVE THE SOLE
RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED
IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD DJG HARMLESS FROM, AND
YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE,
INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE
OF MATERIALS OR CONTENT FROM THIS WEBSITE. EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT,
PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS
IS." EXCEPT AS OTHERWISE SPECIFED
IN WRITNG BY US, DJG DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS
FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE
THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT,
PRODUCTS OR SERVICES THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THIS
WEBSITE. WE DO NOT WARRANT THAT THIS
WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME
JURISIDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION FOR ACCOUNT
Registered users are responsible for maintaining the confidentiality of their password and account, and for all activities that occur under their account. You agree to indemnify, defend and hold DJG harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of these terms of use or from your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right, at our expense, to assume the defense and control of any matter subject to indemnification by you.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DJG BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DJG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR, IF APPLICABLE, IN PURCHASING PRODUCTS OR SERVICES THROUGH THIS WEBSITE. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
JURISDICTION AND CHOICE OF LAW
DJG controls and manages this website from its facilities in
the state of Indiana.
Unless otherwise stated, materials and content on this website are presented
solely for promoting products and services in the United States of America. Information published on this website may
contain references to products, programs and services that are not announced or
available in your country or region. We
make no representation that such information, products, programs or services
referenced on this website are legal, available or appropriate in your country
or region. These terms of use shall be governed by and construed in
accordance with the laws of the State of Indiana,
without giving effect to any principles of conflicts of law. You and DJG irrevocably consent to the
exclusive jurisdiction of the courts located in Columbus, Indiana in connection
with any action arising out of or related to these terms of use, this website,
or any products or services sold or distributed by or through this website. You and DJG waive any objection based on lack
of personal jurisdiction, place of residence, improper venue or forum non
conveniens in any such action.
TRADEMARKS AND COPYRIGHTS
Nothing on this website shall be construed as conferring any
license under any intellectual property right, including any right in the
nature of trademark or copyright, of DJG or any third party, whether by
estoppel, implication, or otherwise. All
brands and names are the property of their respective owners. Eddie Bauer® is a registered trademark of Eddie Bauer, Inc.
Disney® is a registered trademark of The Walt Disney Company. All DJG registered trademarks are registered
in the United States of
America (and other applicable
jurisdictions). The following is a
partial list of the trademarks of DJG: Dorel®, Dorel Juvenile Group™, Safety 1st®, Cosco®, Quinny® and Maxi-Cosi®.
SECURITIES AND INVESTMENT
This website and the information contained or referred to
herein does not constitute an offer or a solicitation of an offer for the
purchase or sale of any securities.
Certain information on this website is forward-looking and
is subject to important risks and uncertainties. The results or events
predicted in this information may differ materially from actual results or
events. Factors which could cause results or events to differ from current
expectations include, among other things: the impact of price and product
competition; the dependence on new product development; the impact of
technological and market change; the ability of DJG and its affiliates to
integrate acquired businesses in an effective manner; general industry and
market conditions and growth rates; and international growth and global
economic conditions, including interest rate and currency exchange rate
fluctuations. For additional information with respect to these and other
factors, investors should consult the documents filed by DJG and its parent
Dorel Industries Inc. (“Dorel”) with Canadian and U.S. securities regulators. DJG and
Dorel disclaim any intention or obligation to update or revise any
forward-looking information, whether as a result of new information, future
events or otherwise.
SEVERABILITY
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.
PRIVACY
Please see our Privacy Policy
for information regarding the collection and use of personal information from
this website. Despite any representations concerning privacy, DJG
reserves the right to disclose without notice to you any information in its
possession if required to do so by law or upon a good-faith belief that such
action is necessary to comply with the law, to protect or defend our rights or
property, or to respond to an emergency situation. Specific areas or pages of this website may
include additional or different terms relating to the use of personal
information collected from such areas or pages.
GENERAL
These terms of use represent the entire understanding
relating to the use of this website and prevail over any prior or
contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any
information, or any interference with the availability of or access to this
website is strictly prohibited. DJG
reserves all legal rights and remedies available to it and this disclaimer
shall in no way be deemed a limitation or waiver of any other rights DJG may
have. Specific areas or pages of this website may include
additional or different terms relating to the use of this website or the rights
or obligations of you or DJG. In the
event of a conflict between such terms and these terms of use, such specific
terms shall control.
Unless otherwise indicated, all material on this site ©
Copyright 2007 Dorel Juvenile Group, Inc. All rights reserved.
CONTACT INFORMATION:
Dorel
Juvenile Group Attn:
Interactive Marketing Manager
25 Forbes Boulevard, Suite 4 Foxboro, MA 02035
Phone: 508.216.1950
Fax: 508.216.1814
photos@djgusa.com
PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
Notification must be submitted to the following Designated Agent:
Service Provider(s):
Dorel Juvenile Group, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Interactive Marketing Manager
Full Address of Designated Agent to Which Notification Should Be Sent:
Dorel
Juvenile Group Attn:
Interactive Marketing Manager 25 Forbes Boulevard, Suite 4 Foxboro, MA 02035
Telephone Number of Designated Agent: 508.216.1950
Facsimile Number of Designated Agent: 508.216.1814
Email Address of Designated Agent: photos@djgusa.com
To
be effective, the notification must be a written communication that includes
the following: 1. A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; 2. Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site; 3. Identification of the material that is claimed
to be infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us
to contact the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may be
contacted; 5. A statement that the complaining party has a
good-faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.


