Welcome to the The MDB Family (a.k.a Bexco Enterprises Inc.) Web sites, which include but are not limited to TheMDBFamily.com, Babyletto.com, DaVinciBaby.com, FranklinandBen.com and NurseryWorks.net, and MillionDollarBaby.com (the "Sites"). The Sites are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the "Agreement").
Use of the Site
Your use of the Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.
By accepting these Terms and Conditions of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions of Use. If you are a parent or legal guardian agreeing to these Terms and Conditions of Use for the benefit of a child, be advised that you are fully responsible for the child's use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to or cannot comply with any of these Terms and Conditions of Use, do not use the Site.
All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms and Conditions of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
We reserve the right to refuse any order you place with us. We may, at 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. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Important Sales Tax Information
The sales tax quoted at time of checkout is only an estimate. The final total sales tax will be reflected on your invoice and will include state and local taxes, as well as any applicable rebates or fees.
Unless you live in California, The MDB Family is not obligated to and does not collect sales tax.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, 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.
Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by The MDB Family or third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and international treaties. The MDB Family, Million Dollar Baby Classic (?), Babyletto, DaVinci Baby, Franklin & Ben, and Nursery Works, and other trademarks appearing on the Sites are the trademarks of The MDB Family and/or its subsidiaries.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content 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 exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote The MDB Family's products and services. The Sites are controlled and operated by The MDB Family.
User Comments, Feedback, and Other Submissions
The MDB Family is pleased to hear from users and welcomes your comments regarding our products and services. The MDB Family's longstanding 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 The MDB Family's 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) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that The MDB Family may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to The MDB Family. The MDB Family 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. The MDB Family 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 The MDB Family or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. The MDB Family takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Personal Information Submitted Through the Sites
Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites 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).
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.
Links to Other Web Sites and Services
The Sites may contain links to other Web sites that are not under the control of The MDB Family. The MDB Family has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.
The materials on the Sites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. The MDB Family expressly disclaims any duty to update or revise the materials on the Sites, although The MDB Family may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. The MDB Family shall not be liable for any damages of any kind related to your use of the Sites.
You agree to defend, indemnify and hold The MDB Family harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and The MDB Family 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 The MDB Family at: The MDB Family Legal Department, 841 Washington Blvd., Montebello, CA 90640, Attn: General Counsel, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and The MDB Family agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Southern District of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of The MDB Family's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
These terms are effective unless and until terminated by either you or The MDB Family. You may terminate this Agreement at any time. The MDB Family 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.