Terms And Conditions
By using the site; registering for SUBSCRIPTION OR OTHER services, classes or events; buying products; or DOWNLOADING, copying, accessing, or using ANY CONTENT or materials from THE SITE you indicate your understanding and acceptance of these TOU. If you do not accept these terms, do not use the site OR its MATERIALS, purchase our products, or register for our services, classes or events.
Personal, Non-Commercial Use
The Site and any Monti Kids Services, Products or Content are made available for your personal, non-commercial use only. Except as provided by specific terms governing a service, product, or other information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content accessed through the Site or any Monti Kids Services or Products.
However, schools and educational organizations that have purchased our materials may use our toys with students in the school environment. Schools may also use our online materials for teacher training during an active school membership with Monti Kids, as well as show 1-2 elements of the online curriculum to parents on an introductory basis for the purpose of introducing parents to the Monti Kids program. Schools may not share their account information/online access with parents or third parties and may not charge for access to the Monti Kids curriculum through their own accounts.
Services and Products
Monti Kids offers various services, which may include, but are not limited to curriculum guides, videos, events, newsletters, and webinars (the “Services”). Monti Kids also offers various products, including, but not limited to, toys specially selected for your child’s developmental stages (the “Products”). Products are offered in several levels based on these developmental stages (Levels 1-8) (each a “Level”). In order to access some of the Services and Products, you may be asked to provide information about your child as well as your name, e-mail address, mailing address, telephone number, and payment information, if applicable. Subject to compliance with these TOU, Monti Kids grants you a limited, non-exclusive license to utilize the Services and Products so long as: (i) you are eighteen (18) years of age or older, and (ii) are not barred from receiving the Products and Services offered under the laws of the United States. In order to access or use the Services or Products, you must provide current and accurate identification, contact and payment information. You will be responsible for maintaining the accuracy and completeness of such information. Monti Kids may, at any time, revoke your access to the Services for any reason in its sole discretion, including, but not limited to, if Monti Kids believes that you are in breach of these TOU. Upon any expiration of Services ordered by you, or any termination of these TOU, your access and other rights to the Services will be cancelled and cease. In such event you must cease any further use of the Services.
Charges, Billing, Payment
If Monti Kids does not receive payment from your card issuer, you agree to pay Monti Kids all amounts due immediately upon demand. In order to continue receiving the benefits of enrollment, you must pay all charges in full as they are due. If your credit card is declined or you otherwise fail to pay the subscription fee in full, Monti Kids reserves the right to suspend your subscription and all benefits attendant thereto. Prices are subject to change at any time.
Automatic Renewal: By enrolling in a subscription service, you agree and authorize that the day after the end of your then-current three month subscription (“Renewal Date”), your subscription fee will be charged to the credit card number you provide unless and until you cancel as set forth in the Cancellation Policy below. Such charges will include any or all of the following: (1) subscription fee to cover the next three month subscription as set forth on the enrollment page, (2) any applicable taxes, and (3) any unpaid amounts due, including late payment fees and interest accrued, as applicable.
Pre-Orders: If you have pre-ordered a Product or subscription service, the applicable fee will be charged to the credit card number you provide on or about the date of pre-order. You may cancel any pre-order for a full refund at any time more than 48 hours prior to shipment. If you wish to cancel a pre-ordered Product or subscription service after this period, the Refund and Exchange policy below shall apply.
Changes to the Price and to the Subscription Service: Monti Kids reserves the right, in our sole and absolute discretion and at any time, to adjust pricing for the subscription service or any components thereof and to modify or discontinue the subscription service at any time and in any manner, with or without notice to you. Monti Kids will not be liable to you or any third party should we exercise our right to modify or discontinue the subscription service. If you object to any such changes, your sole recourse will be to cease access to the subscription service. Continued access to the subscription service following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the subscription service as so modified.
Cancellation Policy: We strive to make cancellation as simple as possible. To cancel a recurring subscription you must provide Monti Kids with written notice no later than 48 hours before 12:00 PM (Noon) Eastern Time on your Renewal Date by emailing Monti Kids at email@example.com. If your order has begun being processed before you cancel, you will receive the processed Product shipment and it will be the last you receive.
Refund and Exchange Policy: If you are dissatisfied with a Product purchased, you may request an exchange of such Product or a refund of amounts paid for such Product less shipping and restocking fees, at any time within the first thirty (30) days of your initial subscription date. Please contact us at firstname.lastname@example.org for return shipping instructions and for additional information about refunds or exchanges. If any item arrives damaged or is otherwise defective, Monti Kids will replace it at no cost to you provided that you provide notice and a photo of the damage or defect and request a replacement from Monti Kids within thirty (30) days of receipt of the item.
Copyright Infringement and Copyright Agent
If you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any Monti Kids Site, please provide notice to the Monti Kids Copyright Agent including the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
- A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
- A description of where the material that you claim is infringing is located on a Monti Kids Site.
- Information sufficient to permit Monti Kids to contact you, such as your physical address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Monti Kids Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Monti Kids, Inc.
3675 Mt Diablo Blvd Suite 100-B
Lafayette, CA, 94549, USA
By email: email@example.com
Intellectual Property Rights
Monti Kids and related logos (the “Marks”) are the trademarks of Monti Kids, Inc. in the United States, other countries, or both. All materials on the Site, including but not limited to, trademarks and logos, all curriculum materials, designs, text, graphics, sounds, images, and software (the “Content”) are the intellectual property of Monti Kids, its licensors, affiliated companies, or other third parties. The Content is protected by United States and foreign intellectual property laws. Except as stated herein, none of the Content may be copied, reproduced, or distributed in any form without the prior written permission of Monti Kids. Notwithstanding the foregoing, guides and other materials made available to you may be copied, but only for your personal, non-commercial use.
Links to Other Websites
Compliance with Laws
By accessing or using the Site, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which governs or applies to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained on the Site to countries or persons prohibited under the export control laws of the United States. Monti Kids makes no representation that the content on the Site is appropriate or available for use outside the United States. If you have chosen to access the Site from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
Disclaimer of Warranties and Limitation of Liability
Monti Kids DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY products, services, INFORMATION, MATERIALS OR CONTENT DISPLAYED, DOWNLOADED, OR OTHERWISE RECEIVED FROM THE SITE OR PrODUCTS OR SERVICES RECEIVED FROM Monti Kids. THE SITE AND Monti Kids products, services, MATERIALS and CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Monti Kids DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, or any products, services, MATERIALS or CONTENT RECEIVED from Monti Kids, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE SITE or Monti Kids SERVICES. Monti Kids DOES NOT WARRANT THAT THE SITE OR any PRODUCTS or CONTENT WILL BE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS and CONTENT THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS or CONTENT. IF YOUR USE OF THE SITE, MATERIALS, or CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, Monti Kids, ITS AFFILIATES AND LICENSORS ARE NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Under no circumstances shall Monti Kids, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
You agree to defend, indemnify, and hold harmless Monti Kids and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to your use of the Site, purchase and/or use of any of the Products or Services, or violation of these TOU or applicable law.
These TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of State of California without giving effect to its conflict of laws provisions. You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the state or federal courts located within San Francisco, California, with respect to such matters.
If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of these TOU will continue in full force and effect.
All content, text, graphics, data and services offered in our online courses and instruction (collectively, "Content") are provided solely to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the Content should be considered to be or used as a substitute for medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone. Reliance on the Content, or any portion thereof, is solely at your own risk.
Entire Agreement, Assignment
These TOU constitute the entire agreement between you and Monti Kids with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You may not assign or delegate any rights or obligations hereunder. Monti Kids may assign or delegate all of its rights and duties at its sole discretion to any third party.
Monti Kids Rewards
Membership & Eligibility
The Monti Kids Rewards Program ("Program") is a rewards program offered by Monti Kids, Inc. ("Monti Kids") to customers. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of Monti Kids and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 18 years or older to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation. By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by these terms and conditions ("Terms"). Creation of an account is necessary to become a member. Affiliates of Monti Kids may also have similar customer programs; Membership in the Program does not confer any rights or benefits in the program of any other Monti Kids affiliate.
Earning and Redeeming Program Rewards
Under the Program, you earn one (1) Point at the rate specified on the Program website (“Program Website”) when you purchase merchandise (excluding shipping costs, duties and taxes). You must ensure that you are logged in to your Monti Kids Account at the point of purchase to have any points credited.
Points can also be earned in other ways as listed on the Program Website, at the rate specified, subject to the Terms and any further details as set out on the Program Website from time to time. Some ways to earn points include: when you (i) create a new Monti Kids account (ii) write online reviews on purchased products and (iii) share a photo or video in your online review. Monti Kids may, in its sole discretion, alter, limit, or modify this list at any time in its sole discretion. Please check the Program Website regularly for updates.
Points may be redeemed for a discount code ("Code") subject to these Terms and further details set out on the ("Program Website”). Details of the Codes available and how to redeem these Rewards are on the Program Website, including any limits or conditions on redeeming Codes.
Points may be redeemed for a Code value to be determined by Monti Kids in its sole discretion; provided, however, that in order to redeem your points for any Code, you must accumulate a minimum number of points as established by Monti Kids. Points have no cash value and can only be redeemed for a Code. Monti Kids may, in its discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash.
Codes are available for utilization online at check-out along with any purchase of merchandise from Monti Kids.
For online redemption, you must ensure that you are logged in to your Monti Kids Account, redeem your points and utilize the Code provided at checkout. Should the value of the discount be greater than the value of the purchase, the remainder will remain for use in your account.
If your online order is not completed during the same visit, the Code will be removed from your shopping basket and may no longer be available. You are not required to utilize a Code during checkout. Due to the limited nature of the Code, we regret that we are unable to regenerate the Code if you lose it or if you forget to add one to your order.
Subject to the termination provision of these Terms, Points accumulated shall expire in the event that you do not earn or redeem any Points within any twelve (12) month period. In such an event, the accumulated Points shall be automatically forfeited without notice. Forfeited Points cannot be reinstated. There shall be no extension of time for the validity period of any unused Points.
All Monti Kids Members will earn 100 points (“100 Points”) during the Member’s birthday month. Expired Birthday Points will not be extended, replaced or exchanged for cash.
Membership in the Program may entitle you to various offers ("Offers") in addition to a Code. The details of these Offers are set out from time to time on the Program Website. Details and terms of any Offers as set out on the Program Website are valid for a calendar year unless otherwise specified on the Program Website.
Changes, Termination & Removal From Program
If for any reason this Program is not capable of running as planned (including in the event of fraud or attempted fraud), Monti Kids reserves the right in its absolute discretion to modify the terms of the Program including the Rewards and these Terms, or to suspend or terminate the Program. In the event of such modification, suspension or termination, Monti Kids will notify the members of the Program via email, as well as by communicating this on our website. Members will not receive any compensation from Monti Kids in the event of modification or suspension of the Program.
Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than twelve (12) months, any misrepresentation or any conduct detrimental to the interests of Monti Kids, or fraud or attempted fraud, may subject members to Membership revocation and will affect eligibility for further participation in the Program.
Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled (whether by you or Monti Kids in accordance with these Terms), or if the Program is terminated, any Points in your account will automatically expire. Monti Kids will notify you via email prior to making changes to these Terms.
It is your responsibility to check or review these Terms from time to time to keep informed of any changes. In the event that the Terms of the Program change, you may choose to cancel your Membership through your Membership profile by reaching out to us via email at firstname.lastname@example.org.
Limitation of Liability
To the maximum extent permitted by law, Monti Kids will not be liable for any damages of any kind arising out of or in connection with your participation or Membership in the Program, including damages arising out of changes to or termination of the Program or as a result of you redeeming and/or using a Reward. This applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
To the maximum extent permitted by law, the limitations on Monti Kids' liability set forth herein shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. By agreeing to these terms, you willingly agree (or, if you are a minor, your parent or legal guardian willingly agrees) that you have relinquished your right to seek these damages from Monti Kids and that this is a reasonable allocation of risk. Certain legislation may impose consumer guarantees or imply warranties or conditions or impose obligations upon Monti Kids which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions.
Intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) of all Program content and all software used in connection with the Program is the property of and are owned by or licensed to Monti Kids or its affiliates. Nothing in these Terms constitutes a transfer of any intellectual property rights. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Monti Kids is strictly prohibited.
The Program and these Terms shall be governed by and construed in accordance with the laws of State of California without giving effect to its conflict of laws provisions. You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the state or federal courts located within San Francisco, California, with respect to such matters.
If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of these TOU will continue in full force and effect.
Additional Information on the Program
If you have any questions regarding the Program, you may reach us via email at email@example.com