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5 Little Monkeys Bedding, Inc. Terms of Use

Last Updated: 01/11/2017

These Terms of Use apply to your use of www.5LittleMonkeysbed.com (referred to as “Site”). By using the Site, you are indicating your acceptance of, and agreement with, these Terms of Use and the Privacy Policy. Please do not use the Site or services available through it if you are not in agreement with these Terms of Use or our Privacy Policy.

At any time, we may modify or revise these Terms of Use or enact new conditions for use of the Site. In the case of such changes, we will provide you with notice by any means, including, without limitation, posting a notice to the Site. Such changes shall be effective immediately upon notice to you, and any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes.

Scope of Use

5 Little Monkeys grants you limited license to access and make personal and non-commercial use of the Site, as long as that use is for lawful purposes and in accordance with these Terms of Use. Unless otherwise stated, you may access, copy, download and print the Content available on the Site, including, without limitation, design, text, graphics, icons, logos, images, audio clips, interfaces, downloads, code and software (the “Content”), for your personal, non-commercial use, as long as you do not modify or delete any copyright, trademark or other proprietary notices that appear in that Content. Except as stated otherwise in these Terms of Use, Site Content may not be copied, downloaded or stored in a data retrieval system for any other purpose. Site Content may not be redistributed, modified or reused for any purpose, without express written permission from 5 Little Monkeys. We may discontinue, change or restrict your use of the Site for any reason and without notice.

Your Feedback

By submitting comments, suggestions, ideas, notes, drawings, concepts or other information to 5 Little Monkeys through the Site or in response to a solicitation on the Site (“Feedback”), you automatically assign to 5 Little Monkeys all rights, title and interest in, and to, the Feedback you provide. By submitting, you acknowledge that your Feedback shall be deemed and remain the property of 5 Little Monkeys, and you agree that 5 Little Monkeys is entitled to unrestricted use of your Feedback for any purpose whatsoever (commercial or otherwise) without compensation to you, including, without limitation, publication or placement of your Feedback on our Site. You understand that 5 Little Monkeys will treat any Feedback you provide as non-confidential and non-proprietary. You understand and acknowledge that 5 Little Monkeys has internal and external resources that may have developed, or may one day develop, ideas identical or similar to that provided in your Feedback, and that 5 Little Monkeys accepts your Feedback on these terms alone.

Intellectual Property

The trademarks, logos, service marks, page headers, custom graphics, button icons and scripts (collectively, the “Trademarks”) that appear on our Site are registered and unregistered Trademarks and trade dress of 5 Little Monkeys and its licensors. The Site and Content are owned by, and are the copyrighted materials of, 5 Little Monkeys and its licensors. Except for the personal, non-commercial use as described and authorized above, nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Trademarks or Content, without express written permission from 5 Little Monkeys.

Unauthorized use of any Trademark or Content is strictly prohibited and may be a violation of federal and state trademark, copyright or other intellectual property laws.

Privacy Policy

Any information we collect on our Site is subject to our Privacy Policy. By using the Site, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

Links to Third-Party Websites

The Site may contain links to third-party websites. These links are provided only for your convenience. 5 Little Monkeys has no control over third-party websites, and we are not responsible for the Content or privacy practices therein. Your decision to access any third-party website linked to our Site is made entirely at your own risk, and you will be subject to such websites’ terms and conditions and privacy policies.

Linking to Our Site

You may link to the homepages of our Site, as long as you do this in a way that is fair and legal and does not damage or take advantage of the reputation of 5 Little Monkeys. However, you may not create a link so that it suggests any form of association, approval or endorsement on the part of 5 Little Monkeys where there is none. Neither Site may be framed on any other website. You may not create a link to any part of our Site other than the homepage. You agree to cease immediately any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

Medical Liability Disclaimer

5 Little Monkeys does not provide any kind of medical advice. The Content on our Site is for general informational purposes only. The Content is not intended to substitute professional medical advice, diagnosis or treatment. Unless otherwise stated, statements about products and health conditions on our Site have not been evaluated by the U.S. Department of Health and Human Services. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. ALWAYS SPEAK WITH A MEDICAL PRACTITIONER IF YOU HAVE CONCERNS ABOUT YOUR OWN HEALTH OR THE HEALTH OF A CHILD FOR WHOM YOU ARE RESPONSIBLE. Never disregard or delay seeking professional medical advice because of something you have read on our Site. If you think you may have a medical emergency, call your physician or 911 immediately. 5 Little Monkeys does not recommend or endorse any specific tests, products, procedures, opinions or other information that may be mentioned on our Site. Your reliance on any information provided by 5 Little Monkeys or our employees, other people or Content on our Site by our invitation, or other Site visitors is solely at your own risk.

Disclaimer of Warranties

Our Site is provided “as is” without any representations or warranties, express or implied. 5 Little Monkeys makes no representations or warranties in relation to the Site or the information and materials provided therein. Without prejudice to the generality of the foregoing paragraph, 5 Little Monkeys does not warrant that: 1) The Site will be constantly available, or available at all, or 2) the information on the Site is complete, true, accurate or non-misleading.

Limitation of Liability

Neither 5 Little Monkeys, its licensors nor Content providers will be liable for damages of any kind, under any legal theory, arising out of, or in connection with, your use, or inability to use, our Site or any of the Site’s Content, including any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever, whether caused by tort (including negligence), breach of contract or otherwise, even if such damages are foreseeable. Your use of our Site and its Content is solely at your own risk.

Indemnification

You agree to indemnify, defend and hold harmless 5 Little Monkeys, as well as our Content providers, officers, directors, employees, agents and licensors from, and against, any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (such as reasonable attorneys’ fees) if they are the result of your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s Content other than that which is expressly authorized in these Terms of Use.

Limited to United States Only

Unless otherwise stated, our Site and its Content is solely intended to promote products and services available in the United States, its territories, possessions and protectorates. 5 Little Monkeys makes no representation that the Site or the Site’s Content is available or appropriate for use in other locations. Should you choose to access our Site from locations outside the United States, you do so at your own risk, and you are required to comply with any applicable local laws.

Governing Law & Jurisdiction

These Terms of Use and any dispute or claim arising out of or related to them, their subject matter or formation (in every case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Should any legal suit, action or proceeding arise out of or related to these Terms of Use or our Site, any of these shall be instituted exclusively in the federal or state courts located in Los Angeles, California. By using our Site, you confirm your agreement to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Violations

In the event these Terms of Use are violated, 5 Little Monkeys reserves the right to seek all remedies available at law and in equity, including, without limitation, our right to block access to our Site from another Internet address. We also reserve the right to refer any illegal or unauthorized use of our Site to law enforcement.

Waiver & Severability

No waiver of these Terms of Use on the part of 5 Little Monkeys shall be deemed a further or continuing waiver of a specific term or condition or any other term or condition. The failure of 5 Little Monkeys to assert a right or provision under these Terms of Use shall in no case constitute a waiver of a specific right or provision. If any provision of these Terms of Use is held, for any reason, by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and 5 Little Monkeys with respect to our Site, and they supersede all prior and contemporaneous understandings, agreements, representations and warranties, whether written or oral, with respect to our Site.

Our Contact Information

If you have any questions or comments about the 5 Little Monkeys Terms and Conditions, please contact us using the information below:

Write Us – 5959 Corvette Street Commerce, CA  90040

Call Us – 844-325-5555

Email Us – info@5littlemonkeysbed.com

©2017 | 5 Little Monkeys Bedding, Inc. All Rights Reserved.