Terms And Conditions 2017-04-03T10:45:09+00:00

Terms And Conditions

Montikids.com (the “Site”) is owned and operated by Monti Kids, Inc. (“Monti Kids”). Please carefully read these Terms of Use (“TOU”) as they may have changed since your last visit to the Site. Continued use of the Site indicates your understanding and acceptance of any changes made to these TOU and posted to the Site. These TOU do not apply to your use of any third-party websites to which the Site may link.

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.

Monti Kids takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our websites, access our services, or participate in our offerings and events. For more information please visit Monti Kids’ Privacy Policy.

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

Charges for enrollment in our subscription service are set forth on the enrollment page and are exclusive of all tax. Charges for other Services or Products will be set forth on the pages for those Services and Products. In order to enroll in our program or purchase other Services or Products, you must provide Monti Kids, or a third party working on behalf of Monti Kids, with your credit card information. Monti Kids may take commercially reasonable actions to validate your credit card information. By providing Monti Kids or a third party with a payment method you represent (i) that you are authorized to use the payment method that you provided, (ii) that any payment information you provide is true and accurate, and (iii) that you authorize Monti Kids or a third party to charge you for the products or services using your payment method. Any third party website that you may be sent to to facilitate processing of payments and orders is subject to its own terms of use and privacy policy and you should review the terms of use and privacy policy of that third party website before providing personal information. You are solely responsible for any applicable taxes not collected by Monti Kids during your transaction(s) such as use tax.

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.

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 protected]. 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 ninety (90) days of your initial subscription date. Please contact us at [email protected] 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:

By mail:

Copyright Agent

Monti Kids, Inc.

5328 Locksley Avenue

Oakland, CA 94618

By email: [email protected]

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

The Site may display content from or links to websites provided by third parties. These may include advertisements and solicitations to purchase products or services. As consideration for your convenience in making this third party content available or accessible to you, you acknowledge that: (1) Monti Kids does not endorse the content or services described in any linked third party website, and (2) Monti Kids does not control these third party websites and expressly disclaims any responsibility for the content, the accuracy of the information, and any products or services available on such websites. You also agree that Monti Kids IS NOT responsible or liable for any losses or damages you experience with any third party content you choose to rely upon or advertisements you respond to and that you must contact any such third party directly for any remedies that may be available to you. If you decide to access any linked third party website, you do so at your own risk. You should refer to the separate terms of use, privacy policies, and other rules posted on third party websites before you use them.

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.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT SHALL Monti Kids BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE OR OTHER DIRECT OR INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE SITE or Monti Kids’ products, services, MATERIALS or CONTENT AVAILABLE ON THE SITE OR otherwise. ALL CLAIMS FOR SUCH DAMAGES ARE HEREBY SPECIFICALLY WAIVED, EVEN IF Monti Kids HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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.

Force Majeure

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.

Indemnity

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.

Governing 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.

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.

These Terms of Use were last amended on March 17, 2017.