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Account Agreement

Account Agreement

Account Agreement
Last Updated: September 25, 2011

PLEASE SCROLL DOWN AND READ THE ACCOUNT AGREEMENT BELOW.
This Account Agreement governs your account and all purchases with Fabulosokids LLC, the owner and operator of Fabulosokids.com (the "Websites"). Other services on the Websites, or provided by Fabulosokids LLC may be governed by additional terms and conditions. For example, your general use of and visit to the Websites is also governed by the Terms of Use, incorporated by reference herein and located on the bottom of the Websites.
If you agree to be bound by the terms of this Agreement, you must check the box indicating your agreement. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with opening an account with Fabulosokids LLC or purchasing any products through the Websites.
In this Agreement, "you" and "your" refer to the individuals, corporations or parties who are the members/account holders, have an interest in the account(s) and agree to this Agreement. "We", "us", "our", and "Fabulosokids LLC" refer to Fabulosokids LLC, its employees, members, representatives, officers, directors, agents, successors and assigns.

Changes to Account Agreement. We may change, add or remove portions of this Agreement at any time, but if we do so, we will post such changes on the Websites, or send them to you via e-mail or postal mail. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR ACCOUNT BY SENDING AN E-MAIL TO: brucew@fabulosokids.com . YOUR CONTINUED USE OF THE WEBSITE AND/OR ACCOUNT NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
Privacy. Registration data and other information about you are subject to our Privacy Policy.
Prices/Fees and Payments. You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when submitting your order. We will bill all charges to the PayPal Account/credit card you supply us. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed your account using your user name and password without your authorization, you must contact us immediately.
Order Changes/Cancellations. Please do not assume that a cancellation or change of ANY order you have made with Fabulosokids LLC has been effected until you receive a confirmation from Fabulosokids LLC via email or the Websites. As stated above, you will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received.
Representation as to Capacity to Enter into Agreement. You represent that you have the required legal capacity and that you are of the required legal age (i.e., eighteen years of age) to enter into this Agreement and that no one except you has any interest in your account with us.
Order Confirmations, Statements, Notices and Other Communications. You understand that it is your responsibility to review, upon first receipt, whether delivered to you by e-mail, by a posting on the Websites, or by all other electronic means, all order confirmations, transaction history, notices and other communications. All information contained therein shall be binding upon you, if you do not object either in writing or via electronic mail, within forty-eight hours after any such document or information is sent to you or available on the Websites. In all cases, Fabulosokids LLC reserves the right to determine the validity of your objection to the transaction. Such notices, information and other communications from Fabulosokids LLC shall be deemed to be delivered and available to you whether actually received or not.

You agree that Fabulosokids LLC fulfills its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, a posting on the Websites, or in the form of an available download from the Websites. You represent that you will download the relevant document promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by Fabulosokids LLC, you will promptly advise Fabulosokids LLC in order to allow us to make the required delivery by other means. Failure to advise Fabulosokids LLC of such difficulty within forty-eight hours after delivery shall serve as an affirmation that you were able to receive and open said document.

Responsibilities and Limitations of Liabilities. You represent that you will be the sole and exclusive authorized user of your password associated with your Fabulosokids LLC account and you accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., changes of address) entered into your account using such password.

You accept full responsibility for the monitoring and safeguarding of your account. You will immediately notify Fabulosokids LLC in writing, delivered via e-mail and certified/return receipt requested U.S. mail, if you become aware of any loss, theft or unauthorized use of your password and account number; or any failure by you to receive a message from us indicating that an order was received and executed or any inaccurate information in your account or transaction history.

If you fail to notify Fabulosokids LLC immediately upon your knowledge when any of the above conditions occur, neither Fabulosokids LLC nor any of its officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order. Under no circumstances, including negligence, shall Fabulosokids LLC or anyone involved in creating, producing, delivering or managing Fabulosokids LLC's services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Websites, the services provided by Fabulosokids LLC or out of any breach of any warranty by Fabulosokids LLC. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, Fabulosokids LLC's liability shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual facts, or lack thereof, of the parties to this Agreement.

To the full extent permissible by applicable law, Fabulosokids LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

The use and storage of any information, including, without limitation, the password, transaction activity and any other information or orders available on your personal computer is at your own risk and is your sole responsibility. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Websites or related services, and for all communications service fees and charges incurred by you in accessing the Websites or related services.

Trademarks. "Fabulosokids.com", "Fabulosokids" ,”Neco Pandi”, ”Fabu” and other marks (including graphics, logos, page headers, button icons, scripts, and service names) indicated on the Websites are trademarks or servicemarks of Fabulosokids LLC in the United States and other countries. Fabulosokids LLC's trademarks and servicemarks may not be used in connection with any product or service that is not Fabulosokids LLC's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Fabulosokids LLC or the Websites. All other trademarks not owned by Fabulosokids LLC that appear on the Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fabulosokids LLC.
Copyright. All content included on the Websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Fabulosokids LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Websites is the exclusive property of Fabulosokids LLC and protected by U.S. and international copyright laws. All software used on the Websites is the property of Fabulosokids LLC or its software suppliers and protected by United States and international copyright laws. The Websites, their content and compilation of content, and all software used on the Websites is owned by Fabulosokids LLC or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons are proprietary to Fabulosokids LLC or its affiliates or agents. The materials provided in this service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Fabulosokids LLC's, its affiliates' or its third party information providers' copyrights and other proprietary rights.
Limitations, Restrictions and Termination of Fabulosokids.com Services. You are authorized to use products or materials which are sold or made available by Fabulosokids LLC for your own needs only, and you are not authorized to resell products or access to any such materials or to make copies of any such materials for sale or use to and by others. You will not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials.

You understand that Fabulosokids LLC may at any time, at our sole discretion and without prior notice to you, prohibit or restrict your access to the use of the Websites or related services or your ability to purchase products on the Websites. Fabulosokids LLC may terminate your account at any time for any reason and without prior notice to you. You are free to terminate your account with Fabulosokids LLC at any time for any reason, subject to the conditions of Section 4 herein. The closing of an account will not affect the rights and/or obligations incurred prior to the date the account is closed of either party.

Risk of Loss/Warranties/Returns. All items purchased from Fabulosokids LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

The merchandise offered for sale by Fabulosokids LLC is manufactured by third parties and to the full extent permissible by law, Fabulosokids LLC disclaims all representations and warranties therein. Further, all sales are final and items can be returned to the Company only pursuant to the Return Policy located on the Websites.

Mispricing. Despite our best efforts, a small number of the items on our Websites may be mispriced. If we discover a mispricing, we will do one of the following:

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will ship at the stated price any orders that were completed prior to the discovery and correction of the incorrect price, but will charge the correct price for any orders completed following the discovery and correction of the price.

Monitoring and Recording Telephone Conversations and E-Mail. For your protection and for the protection of Fabulosokids LLC, and as a tool to correct misunderstandings, you understand, agree and authorize Fabulosokids LLC, at its discretion, and without further prior notice to you, to monitor and record any or all telephone conversations between you and Fabulosokids LLC and any of Fabulosokids LLC's employees or agents and to monitor your electronic communications with Fabulosokids LLC.
Legally Binding. You hereby agree that this Agreement and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, successors and assigns.
Extraordinary Events/Technical Difficulties. You specifically agree to hold Fabulosokids LLC harmless from any and all claims, and agree that Fabulosokids LLC shall not be liable for any loss, actual or perceived, caused directly or indirectly by government regulation, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorized access, theft, or any problem, technological or otherwise, that might prevent you from entering or Fabulosokids LLC from executing an order, or other conditions beyond our control. Furthermore, in a technical environment, should an error occur with respect to the tracking of any order or order entry, the true, actual and correct transaction or position will be restored. It is your responsibility to ensure account correctness and accuracy and to contact Fabulosokids LLC immediately with any discrepancies.
The Laws of the State of Florida. This Agreement and its enforcement shall be governed by the laws of Florida and shall cover individually and collectively all accounts you may open with Fabulosokids LLC and shall be binding upon you and your successors (whether by merger, consolidation or otherwise), heirs, executors, administrators, and assigns. This Agreement shall inure to the benefit of Fabulosokids LLC and its successors, assigns and agents. Fabulosokids LLC may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice or to any other entity upon prior written notice to you.
Agreement to Arbitrate Controversies. Any dispute relating in any way to your visit to the Websites or to products you purchase through Fabulosokids.com or by phone shall be submitted to confidential arbitration in Florida, except that, to the extent you have in any manner violated or threatened to violate Fabulosokids LLC's intellectual property rights, Fabulosokids LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Waiver. Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of Fabulosokids LLC.
Amendments; Entire Agreement. You understand that access to and your use of your account constitutes your consent and agreement to abide by the terms and conditions of this Account Agreement. Fabulosokids LLC may at any time revise these terms and conditions by updating the Account Agreement. You agree to be bound by subsequent revisions and agree to review the Account Agreement periodically for changes to the terms and conditions of the Account Agreement. The most up to date version of the Account Agreement will always be available for your review on the Websites. Continued use of Fabulosokids LLC after such changes will constitute acknowledgment and acceptance of such amendment. This Agreement represents the entire agreement between you and Fabulosokids LLC, Inc concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on the Fabulosokids.com websites, and by your use of Fabulosokids LLC, Inc websites and services, you agree to be bound by any and all such postings. You may not assign any right or obligations hereunder without first obtaining the prior written consent by an authorized officer of Fabulosokids LLC.
Separability. If any provision or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall be considered several and shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.
Headings are Descriptive. The headings of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.
Communications. The Websites may permit you to post images, reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Fabulosokids LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant Fabulosokids LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and/or content throughout the world in any media. You grant Fabulosokids LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fabulosokids LLC or its affiliates for all claims resulting from content you supply. Fabulosokids LLC has the right but not the obligation to monitor and edit or remove any activity or content. Fabulosokids LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
Informational and Conceptual Exchange. Without limiting any of the foregoing, Fabulosokids LLC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Fabulosokids LLC for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Disclaimers of Warranties and Limitations. The Websites are provided by Fabulosokids LLC on an "As Is" and "As Available" basis. Fabulosokids LLC makes no representations or warranties of any kind, express or implied, as to the operation of the Websites or the information, content, materials, or products included on the Websites. You expressly agree that your use of the Websites is at your sole risk. To the full extent permissible by applicable law, Fabulosokids LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Fabulosokids LLC does not warrant that the Websites, its servers, or e-mail sent from the Websites or Fabulosokids LLC are free of viruses or other harmful components. Fabulosokids LLC will not be liable for any damages of any kind arising from the use of the Websites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Indemnification. You agree to indemnify and hold Fabulosokids LLC and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made by any third party arising out of your violation of the terms and conditions outlined in this Agreement.
Modifications to the Website. Fabulosokids LLC reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Websites with or without notice. You agree that Fabulosokids LLC will not be liable to you or to any third party for any such modification, suspension or discontinuance.