Updated: February 2020
WEBSITE TERMS AND CONDITIONS OF USE
CARTER KITS LLC (“CARTER KITS”) WELCOMES YOU TO OUR WEBSITE (“SITE”). WE ASK THAT YOU READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“AGREEMENT”) BEFORE NAVIGATING THIS SITE. THIS AGREEMENT CONCERNS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS AND OTHER APPLICABLE LAWS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
USE OF SITE
This site is provided solely for the use of current and future customers of Carter Kits to provide you with information about our company, to permit you to place orders for our products, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site which permits communications or postings to post, transmit, display, or otherwise communicate any of the following:
1. Defamatory, threatening, obscene, harassing, or otherwise unlawful information;
2. Advertisement, solicitation, spam, chain letter, or other similar type of information;
3. Encouragement of illegal activity;
4. Unauthorized use or disclosure of private, personally identifiable information of others; or
5. Materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
This site is owned and operated by Carter Kits. The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) are the property of Carter Kits and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Materials from this site may not be displayed, copied, reproduced, republished, printed, posted, downloaded, transmitted, or distributed in any way, except for purposes of using this site for the authorized uses which are conveyed above. You must retain all copyright and other proprietary notices on all copies of the Materials. You shall comply with all copyright laws worldwide in your use of this site and prevent unauthorized copying of the Materials. Except as provided in this Agreement, Carter Kits does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
You expressly agree that your use of this site is at your sole risk. Neither Carter Kits, its affiliates, nor any of their members, managers, officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, adequacy, usefulness, timeliness, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Carter Kits does not warrant reliability of any statement or other information displayed or distributed through the site. Carter Kits reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Carter Kits may make any other alterations to this site, the Materials, the products, or prices (if any) described on this site at any time without notice.
This site and the information, content, products, and Materials on it are provided on an “as is,” “with all faults,” and “where available” basis. Carter Kits makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, products, or the Materials on it. To the fullest extent permissible under applicable law, Carter Kits expressly disclaims all warranties, express or implied, of any kind, with respect to any of the Materials, content, or information on this site or any goods or products offered, sold, or displayed on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.
LIMITATION OF LIABILITIES
You agree that Carter Kits and its Providers shall not be liable for any damage, loss, injury, death, or expense of any kind arising out of or resulting from your possession or use of the Materials, content, products, or information on this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall Carter Kits or any of its Providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the Materials, content, or information on this site or any products, services, or information offered, sold, or displayed on this site, your use of, or inability to use, this site generally, or otherwise in connection with this Agreement, regardless of whether Carter Kits or any of its Providers have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify, defend, and hold harmless Carter Kits, its managers, members, affiliates, agents, employees, and Providers from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, Carter Kits may immediately discontinue, suspend, terminate, or block your or any user’s access to this site at any time in its sole discretion.
As a convenience to you, this site may provide links to websites which are operated by other entities (collectively, the “Linked Sites”). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and/or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Carter Kits. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Carter Kits. Carter Kits does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Carter Kits. Links do not imply that Carter Kits or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, tradename, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Carter Kits or any of its affiliates or subsidiaries. Except for links to information authored by Carter Kits, Carter Kits is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any website(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Carter Kits is not liable or responsible in any manner for your dealings and/or interactions with such third parties. Carter Kits reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. Carter Kits makes no representation that the Materials are appropriate or available for use outside of the United States. If you access this site from outside of the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Saginaw County, Michigan, for any disputes with Carter Kits that arise out of your use of this site.
This Agreement constitutes the entire agreement between Carter Kits and you with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Carter Kits with respect to this site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on 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. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
Carter Kits may modify this Agreement at any time and you agree to be bound by said revised Agreement. Any such modifications will become effective on the date that they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Carter Kits does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this site, including but not limited to any consent you give to receive communications from Carter Kits solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your electronic device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.