Welcome to the BE.Kids website (BE.Kids) (the "Site" or “Sites”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, including an ARBITRATION AGREEMENT, that govern your use of and purchase of products from the Site (the “Agreement”).
We may change the terms of this Agreement. Those changes will go into effect on the effective date shown in the revised Agreement. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Agreement as changed. We reserve the right, at any time in our sole discretion, to modify, change, move or delete portions of, add to, suspend or discontinue the Site or any service, feature, or product offered through the Site, 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.
If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to this Agreement on your behalf and you may only access and use the Site with permission from your parent or legal guardian. We do not knowingly or intentionally collect personal information from children under age 13. Elsewhere on the Site, you have represented and warranted that you are either 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 13, please do not submit any personal information to us, and rely on a parent or guardian to assist you.
Unless otherwise noted, all materials, including text, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site , and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by BE.Kids and/or its subsidiaries and affiliates.
The Contents of our Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software 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 participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
Unless otherwise specified, the Site and the Contents are intended to promote BE.Kids’s products and services in the United States and/or foreign countries where available. The Sites are controlled and operated by BE.Kids, Inc.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
BE.Kids is pleased to hear from users and welcomes your comments regarding our products and services. BE.Kids’ 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 BE.Kids’ 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, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that BE.Kids may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to BE.Kids. BE.Kids 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. BE.Kids 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 BE.Kids or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. BE.Kids takes no responsibility and assumes no liability for any Comments posted by your or any third party.
BE.Kids SOCIAL MEDIA CODE OF CONDUCT
The BE.Kids social media pages (including but not limited to our Facebook page and Instagram account) are intended to be online communities where customers can learn about new arrivals, promotions, events, contests, and more. We want to maintain a positive and supportive community so that everyone who visits the page feels comfortable. Please keep conversation respectful. We ask that all posted material including comments, questions, links, images and videos be both appropriate and relevant to BE.Kids and children’s clothing. We are not responsible for the opinions or claims of other platform users posted to the BE.Kids social media pages; other users' posts are not representative
of the opinions of BE.Kids. We do not typically confirm the accuracy of postings.
We require that all users comply with the platforms' Statement of Rights and Responsibilities or other community and acceptable use guidelines. Accordingly, please do not post anything that would violate any of those terms, or any material that may be spam, abusive, profane, hurtful, or defamatory toward a person, entity, belief, or symbol. Additionally, please avoid posting personal information such as an email address, phone number, or mailing address. We reserve the right to delete content, block you from accessing our profile, posts and stories and/or commenting on our posts and stories at our sole discretion.
If you have any questions or concerns, please contact customer service. If you are a BE.Kids employee and have questions on how to appropriately participate on our social media pages and accounts, please contact an HR Business Partner.
PRODUCT AVAILABILITY & PRICING
Most BE.Kids products displayed on our Site are available through BE.Kids while supplies last. In some cases, merchandise displayed for sale on our Site may not be available in all sizes and colors, including when the merchandise has been marked down. The prices displayed at BE.Kids are quoted in U.S. Dollars and can only be paid in U.S. Dollars. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
The strikethrough or listed price represents a price at which we previously offered the product, or a comparable product, online, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price in effect online or elsewhere in the market on any particular day.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, BE.Kids shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. BE.Kids shall have 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, BE.Kids shall immediately issue a credit to your credit card account in the amount of the incorrect price.
We have made every effort to display as accurately as possible the colors of our products that appear on our Site. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any color or texture or detail of actual merchandise will be accurate.
Occasionally there may be information on our Site 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).
LIMITS ON PURCHASES
We reserve the right to refuse any order you place with us. We may, in 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. We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we reserve the right to limit purchases to five (5) items per style, per color, per customer and/or address, regardless of size of the merchandise. We also reserve the right to cancel multiple orders of merchandise purchased in violation of this policy. We may modify this policy at any time for any reason and we may make exceptions to this policy, as we deem appropriate.
This Limits on Purchases Policy applies to purchases made on www.be.kids.
In addition, orders on www.be.kids are limited to U.S. $5,000.00.
LINKS TO OTHER WEB SITES AND SERVICES
The Sites may contain links to other websites that are not under the control of BE.Kids. BE.Kids has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Sites and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Sites' users.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
BE.Kids respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide BE.Kids's Digital Millennium Copyright Act ("DMCA") designated agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
BE.Kids Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Legal Department - Brand Services ATTN: DMCA Designated Agent 23945 Calabasas Road, Suite 212
Calabasas, CA 91302
Please note that this procedure is exclusively for notifying BE.Kids and its subsidiaries that your copyrighted material has been infringed.
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SITE AND ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY LAW, BE.Kids MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THIS SITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BE.Kids WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF BE.Kids’ SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THIS SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THIS SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THIS SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BE.Kids BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT BE.Kids HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold BE.Kids harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
GOVERNING LAW & VENUE
This Agreement shall be construed in accordance with the laws of the State of California, without regard to choice of law principles. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles and/or the Central District of California, subject to the agreement to arbitrate below.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT INFORMAL DISPUTE RESOLUTION
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and BE.Kids 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 BE.Kids at: BE.Kids Legal Department, Attn: General Counsel, 23945 Calabasas Road, Suite 212, Calabasas, CA 91302, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and BE.Kids agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and BE.Kids expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to the BE.Kids, Inc. at: BE.Kids Legal Department, Attn: General Counsel, 23945 Calabasas Road, Suite 212, Calabasas, CA 91302. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. BE.Kids, Inc. will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim. BE.Kids waives its right to seek attorneys’ fees and costs in arbitration. However, if your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award BE.Kids the reimbursement of its costs and arbitration fees against you and/or your counsel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.
In lieu of arbitration, either you or BE.Kids may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.
WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and BE.Kids agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and BE.Kids hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or BE.Kids. You may terminate this Agreement at any time. BE.Kids 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.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions.
The failure by BE.Kids to enforce any right or provision of this Agreement will not prevent BE.Kids from enforcing such right or provision in the future.
We may assign our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.