MUNCHKIN, INC.’s TERMS AND CONDITIONS OF WEB SITE USE 
Effective Date: 6-1-2017

The website located at www.munchkin.com and all subpages (“Web Site”), is provided by Munchkin, Inc., and its subsidiaries (collectively, “Munchkin” or “we”). These “Terms and Conditions” (“Terms” or “Agreement”) govern your use of the Web Site and your purchase of products that are offered for sale on the Web Site (“Products”). This Terms and Conditions Agreement forms a legally binding agreement between you and Munchkin, and you should read it carefully.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT.

We recommend that you review this document in its entirety before accessing, using or buying any Product through the Website. If you do not agree to all of the terms of this Agreement, please do not use, or purchase any Products through, the Website.

Want to Contact Us? It is very important to Munchkin that our consumers receive the highest quality consumer service. As such, if you have any questions, thoughts, ideas, or concerns, please feel free to contact us at service@Munchkin.com or 1-800-344-BABY (2229).

Table of Contents

 1.    Website Ownership and Content

 2.    User Obligations

 3.    User Generated Content

 4.    Purchasing Items on our Website

 5.    Dispute Resolution by Binding Arbitration and Class Action Waiver

 6.    Disclaimer of Representations and Warranties

 7.    Notice and Take-Down Procedures; Copyright Agent

 8.    Electronic Signatures and Agreements

 9.    Notice for California Users

 10.   General Provisions

   

 1.    Web Site Ownership and Content

The Web Site contains materials and other items about Munchkin’s products and services including, but not limited to, text, images, files, scripts, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, interactive features, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Munchkin, its licensors, licensees or other third parties (collectively the “Content”). The Web Site and the Content are owned, licensed, or controlled by Munchkin, its licensors, and certain other third parties, and as such all right, title, interest in and to the Content and the Web site is the property of Munchkin, its licensors, or certain other third parties and is protected by United States and International copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. Munchkin is the owner of the copyright in the Content on the Web Site. By using the Web Site, you will not obtain any ownership or intellectual property or other interest in any item or content on the Web Site. In exchange for your agreement and strict compliance with the User Agreement and any additional terms, Munchkin grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Web Site for your own personal, non-commercial use only. You agree that Munchkin may immediately and, without any notice to you, suspend or terminate the availability of the Web Site or its Content without any liability to you. You further agree that any unauthorized use of any Content of the Web Site for any purpose is strictly prohibited.

   

2.    User Obligations

By downloading, accessing or using the Web Site, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms of Use. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Web Site. You further represent you will at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Munchkin through the Web Site. You shall only use the Web Site as permitted by this Agreement, and you shall not use the Web Site or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Munchkin reserves the right, in its sole discretion, to terminate your access to the Web Site for any or no reason.

In addition, if you register for an account to use the Web Site, you may be required to designate a user name and a password, and there may be additional requirements as designated by Munchkin in its sole discretion from time to time. You agree to assume all responsibility concerning your use of the Web Site, including any and all activity occurring through your user name and password (and the related account access). You shall immediately notify Munchkin through the email address or telephone number provided above if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. You give Munchkin the sole right to suspend, terminate, limit, or remove your right to use the Web Site or participate in any User Generated Content (as defined below).

   

3.    User Generated Content

By using the Web Site and posting, uploading, publishing, distributing, or transmitting information such as pictures, reviews, messages, content, or other personal information on the Web Site or other Munchkin-sponsored forums, blogs, social networking sites, or other communities, you grant Munchkin a perpetual, unrestricted, unconditional, unlimited, irrevocable, worldwide, cost-free right and license to use, copy, redistribute, re-sell, or transmit any portion of your “User Generated Content.” You agree to waive, unconditionally and perpetually, any rights to such User Generated Content, except as prohibited by law. You further represent and warrant that you are the sole author and owner of such content and that to the best of your knowledge such User Generated Content does not infringe on the rights of any other third parties or would cause any harm to any other third parties. For example, you should not have User Generated Content that includes pictures or videos of family or friends where you do not have their permission to post such photos. In addition, you give Munchkin the sole and exclusive right to remove, alter, or change the User Generated Content and to bring any legal actions regarding such User Generated Content on your behalf. You agree to respect the thoughts, opinions, and rights of others and that your User Generated Content does not threaten, abuse, or harm others, and does not include any negative comments that are connected to race, national origin, gender, sexual orientation, or mental or physical disability. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit or have political implications or be used for commercial gain.

   

 4.    Purchasing Items on our Website

All transactions made through the Web Site are subject to our acceptance, in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any transaction, whether or not the transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. If payment has already been made and your order is cancelled or limited, Munchkin will refund any payment you made for the Product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. The Web Site does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Web Site. Payment must be received by Munchkin prior to Munchkin’s acceptance of an order, unless otherwise agreed by Munchkin. Munchkin expressly conditions its acceptance of your order on your agreement to this Agreement, and to any additional terms and conditions that are provided to you on the Web Site that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide only true, accurate, current, and complete information. Munchkin reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Web Site, but Munchkin reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions.

   

5.    Dispute Resolution by Binding Arbitration and Class Action Waiver

This Agreement and any issue or dispute arises out of or otherwise relates to this Agreement or with your use of the Website, the Privacy Policy (insert hyperlink to privacy policy), or any matter including Munchkin including the purchase of any Products on this Website (collectively “Disputes”) shall be governed exclusively by the laws of the state of California, excluding its conflict of law provisions. If a Dispute arises under this Agreement, we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to send Munchkin a written notice of such dispute to: Munchkin, Inc., 7835 Gloria Avenue, Van Nuys, CA 91406 Attn: General Counsel. Munchkin will contact you by letter to your billing address you provided us at the time you order a Product, or other address that you submit to the Web Site.

If you and Munchkin are not able to resolve such a Dispute, we each agree that any and all Disputes shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts located in Los Angeles County, California: (i) any dispute, controversy, or claim relating to or contesting the validity of the our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. Unless you opt-out using the mechanism below, you expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

You shall have thirty (30) days from the date that you access the Web Site or submit your personally identifiable information (whichever occurs first) to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at Munchkin, Inc., 7835 Gloria Avenue, Van Nuys, CA 91406, Attn: General Counsel.

If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.

   

6.    Disclaimer of Representations and Warranties

Munchkin is providing the Web Site and Content on an “as is” basis, without any warranty of any kind. Unless prohibited by law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Munchkin was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Web Site).

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF MUNCHKIN TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THIS USER AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID MUNCHKIN IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S). THIS PROVISION DOES NOT EXPAND OR LIMIT ANY PRODUCT WARRANTY THAT IS PROVIDED BY A MANUFACTURER OF A PHYSICAL PRODUCT.

Please note that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you. Notwithstanding anything to the contrary herein, this Disclaimer of Representations and Warranties does not apply in New Jersey.

   

 7.    Notice and Take-Down Procedures; Copyright Agent

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to Munchkin by providing the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
  • Identification or description of where the material that you claim is infringing is located on the Web Site, with enough detail that Munchkin may find it on the Web Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows: Munchkin, Inc., 7835 Gloria Avenue, Van Nuys, CA 91406 Attn: General Counsel.

   

 8.    Electronic Signatures and Agreements

You acknowledge that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY MUNCHKIN. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

   

9.    Notice for California Users

Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Munchkin may be contacted in writing at Munchkin, Inc., 7835 Gloria Avenue, Van Nuys, CA 91406 or by telephone at 1-800-344-BABY (2229).

   

10.    General Provisions

If any provision of this Agreement is deemed invalid, unlawful, void, or unenforceable by an arbitrator or (if proper) a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the remaining provisions shall not be effected thereby and shall continue in full force and effect. Except as expressly set forth in this Agreement, no failure or delay by you or Munchkin to exercise any rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy.

Last updated: 6-1-2017

   

© 2017 Munchkin. All Rights Reserved. Product design is ™ & ©2017 Munchkin, Inc. Munchkin , Big Kid, Bobble Bee, Brica, Built-In Blanket, Caterpillar Spillers, the Click Lock logo, Cool Touch, Cool Wrap, Everyplace, Fun Ice, It’s the Little Things, Jelly Bean, the Latch logo, Light My Way, Lindam, Lulla-Vibe, Loft, Making Together Better, mBaby, Medicator, Mighty Grip, Mozart Magic, Nursery Fresh, Onester, Safe Step, Sara Bear, Sleepster, Snack Catcher, Sprout, Steam Guard, Swaddle Angel, Tankster, Teether Babies, TripGuard, Twist Tight, Twisty, White Hot, and XTRAGUARD are trademarks or registered trademarks of Munchkin, Inc. 7835 Gloria Avenue, Van Nuys, CA 91406. Playtex, Diaper Genie and Diaper Genie II Elite are registered trademarks of Playtex Products, LLC, which is not affiliated with Munchkin, Inc. Nursery Fresh™ is not manufactured under the authorization of Playtex Products, LLC