TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below. If you do not agree to these terms of use, please do not use this website. Safety1st can revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

This website is owned and operated by Safety1st/Dorel Juvenile Group, Inc. (collectively "Safety1st," "we," or "us"). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.

Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, modification, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of Safety1st and any copyright owner from whom we have obtained a license. Requests for such permission should be made to the contact specified below. Your right to use and access this site does not include any commercial collection or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, screen scraping or similar data gathering and extraction tools. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use.

CONTENTS AND HYPERLINKS
This website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk.  Safety1st has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.  Safety1st does not allow the unauthorized use of its logos, trademarks, or other graphics to create links to this site.

USER CONTENT
Safety1st is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except through the specific mechanisms set up on this site to receive such ideas. Except as otherwise explicitly provided on this site, (1) anything you disclose or offer to us by or through this website ("Disclosures"), including e-mails or submissions to Safety1st or postings on interactive portions of this website, is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret; and (2) Safety1st is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information.

By uploading or otherwise providing any Disclosure to this website or Safety1st, you hereby grant Safety1st and its designees, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, adapt, display and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded materials have been waived. You represent and warrant that you have the authority to grant such rights, and to the fullest extent permitted by law you hereby agree to indemnify, defend and hold us harmless from all claims resulting from any Disclosures you supply.   THE FOREGOING INDEMNIFICATION PROVISION DOES NOT APPLY TO SAFETY 1ST'S OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL CONDUCT.

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT
Safety1st does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in chat rooms, bulletin boards or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.  If you have concerns or complaints about any of the content shown on this site, you may notify us using the contact points below.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

  • You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
  • You will not upload viruses or harmful components.
  • You will not use the website to further any illegal purpose or to violate the rights of any party.
  • You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

Safety1st will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims below.

ELECTRONIC COMMUNICATIONS
When you visit our website or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with registered users by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

PRODUCTS
Your purchase of products from this website is subject to the applicable terms of sale set forth on this website, including those in our Shopping FAQ applicable to the order, shipping, warranty and return of products. Products offered through this website shall be warranted in accordance with the written manufacturer’s warranty that is included with such product. ANY APPLICABLE WRITTEN LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LENGTH OF SUCH WRITTEN LIMITED WARRANTY.

NO REPRESENTATIONS OR WARRANTIES
Safety1st makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Safety1st's computer systems. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND TO THE FULLEST EXTENT PERMITTED BY LAW YOU AGREE TO HOLD SAFETY1ST HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. THE FOREGOING INDEMNIFICATION PROVISION DOES NOT APPLY TO SAFETY 1ST'S OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL CONDUCT.

EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS." EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, SAFETY1ST DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION FOR ACCOUNT
Registered users are responsible for maintaining the confidentiality of their password and account, and for all activities that occur under their account.  To the fullest extent permitted by law you agree to indemnify, defend and hold Safety1st  harmless from and against any and all liabilities and costs (including reasonable attorney's fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of these terms of use or from your account.  You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent.  We reserve the right, at our expense, to assume the defense and control of any matter subject to indemnification by you. THE INDEMNIFICATION OBLIGATION IN THIS SECTION DOES NOT APPLY TO SAFETY 1ST'S OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL CONDUCT.

LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW SAFETY1ST SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAWSAFETY1ST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR, IF APPLICABLE, IN PURCHASING PRODUCTS OR SERVICES THROUGH THIS WEBSITE. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIS LIMITATIONS OF LIABILITY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

JURISDICTION, CHOICE OF LAW AND DISPUTES
Safety1st controls and manages this website from its facilities in the state of Indiana. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America.  Information published on this website may contain references to products, programs and services that are not announced or available in your country or region.  We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. These terms of use shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law.

Any dispute or claim relating in any way to these terms of use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify, and you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The Federal Arbitration Act and federal arbitration law apply to these terms of use. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). To the fullest extent permitted by law, we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Safety1st irrevocably consent to the exclusive jurisdiction of the courts located in Columbus, Indiana in connection with any action arising out of or related to these terms of use, this website, or any products or services sold or distributed by or through this website. You and Safety1st waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action and each waive any right to a jury trial.

TRADEMARKS AND COPYRIGHTS
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Safety1st or any third party, whether by estoppel, implication, or otherwise.  All brands and names are the property of their respective owners.

Eddie Bauer® is a registered trademark of Eddie Bauer, Inc. Disney® is a registered trademark of The Walt Disney Company. All Safety1st registered trademarks are registered in the United States of America (and other applicable jurisdictions). The following is a partial list of the trademarks of Dorel Juvenile Group, Inc. (“DJG”) and its affiliates: Dorel®, Dorel Juvenile Group™, Safety 1st®, Cosco®, Quinny® and Maxi-Cosi®.

SECURITIES AND INVESTMENT
This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

Certain information on this website is forward-looking and is subject to important risks and uncertainties. The results or events predicted in this information may differ materially from actual results or events. Factors which could cause results or events to differ from current expectations include, among other things: the impact of price and product competition; the dependence on new product development; the impact of technological and market change; the ability of DJG and its affiliates to integrate acquired businesses in an effective manner; general industry and market conditions and growth rates; and international growth and global economic conditions, including interest rate and currency exchange rate fluctuations. For additional information with respect to these and other factors, investors should consult the documents filed by DJG and its parent Dorel Industries Inc. ("Dorel") with Canadian and U.S. securities regulators. DJG and Dorel disclaim any intention or obligation to update or revise any forward-looking information, whether as a result of new information, future events or otherwise.

SEVERABILITY
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY
Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any representations concerning privacy, Safety1st reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.  Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

SHIPMENT AND DELIVERY FOR SAFETY1ST.COM ONLINE ORDERS
Unless indicated at the time of ordering or by a follow-up notification from us, shipments will be made via a carrier that we select, or if we give you a choice of shipping method, the carrier that you select.

If an expedited shipping method is available as a Shipping Method and you select it, an additional charge will be assessed at the time of your order. All ship and delivery dates communicated on our website or via e-mail are estimates only and are subject to change. We do not guarantee delivery dates, and we are not responsible for delays by the carrier. Risk of loss and title to ordered items pass to you upon delivery to the shipping carrier. Please inspect your shipment upon arrival, and report any shipping-related damage immediately to the carrier.

CHANGING OR CANCELING YOUR SAFETY1ST.COM ORDER

Cancellations Due to Order Processing Difficulties

Occasionally, orders or parts of an order may be cancelled for reasons that include:

  • The item sold out and/or is no longer available
  • Your payment information could not be verified
  • The shipping address could not be verified

If your order is cancelled, you will receive an important notice regarding your order via email, which will explain the reason for the cancellation. You will not be billed for any cancelled items.

Changing or Canceling Your Safety1st.com Order

At Safety 1st, our goal is to process and ship your order as quickly as possible, so unfortunately once your order has been submitted, we are unable to modify or make changes to it.

If you find that you entered an order in error, please reach out to us via chat by clicking the grey icon in the bottom right corner on www.safety1st.com Monday – Thursday 8:00 AM – 6:00 PM ET & Fridays 8:00 AM – 4:30 PM ET, or via our online Contact Us Form.

RETURNS FOR SAFETY1ST.COM ONLINE ORDERS
Returns are accepted for items purchased within 90 days on the Safety1st.com website or through our Consumer Care team. Safety 1st and/or Dorel Juvenile Group USA does not accept returns of items purchased through any third-party, including its retail partners.

Once your returned package has been delivered to our warehouse, please allow 2-4 weeks for us to inspect the returned item and process your refund.

To arrange to return your item or to obtain further information, please contact a Consumer Care representative via chat by clicking the grey icon in the bottom right corner on www.safety1st.com Monday – Thursday 8:00 AM – 6:00 PM ET & Fridays 8:00 AM – 4:30 PM ET, or via our online Contact Us Form.

All returned items must be shipped freight pre-paid. Please use a package delivery service able to track and/or insure your return items. By placing an order on www.safety1st.com , you are accepting this return policy.

GENERAL
These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited.  Safety1st reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Safety1st may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or Safety1st.  In the event of a conflict between such terms and these terms of use, such specific terms shall control.

Unless otherwise indicated, all material on this site © Copyright 2007-16 Dorel Juvenile Group, Inc. All rights reserved.

CONTACT INFORMATION:
Dorel Juvenile Group
Attn: Interactive Marketing Manager
25 Forbes Boulevard, Suite 4
Foxboro, MA 02035
Phone: 508.216.1950
Fax: 508.216.1814
[email protected]

 

PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

Notification must be submitted to the following Designated Agent:

Service Provider(s):
Dorel Juvenile Group, Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement:
Interactive Marketing Manager

Full Address of Designated Agent to Which Notification Should Be Sent:
Dorel Juvenile Group
Attn: Vice President – Consumer Marketing
25 Forbes Boulevard, Suite 4
Foxboro, MA 02035

Telephone Number of Designated Agent: 508.216.1950

Facsimile Number of Designated Agent: 508.216.1814

Email Address of Designated Agent: [email protected]

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.