Terms of Use

Welcome to the Inch by Inch Kids, Inc. Web Site ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site.  Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").

Changes

We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.  We may change, move or delete portions of, or may add to, our Site from time to time.

Copyrights

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed by Inch by Inch Kids, Inc. or its content suppliers and protected by United States and international copyright laws.  The Site as a whole is exclusive property of Inch by Inch Kids, Inc. and protected by U.S. and international copyright laws.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Trademarks

 INCH BY INCH KIDS, INCH BY INCH KIDS, INC., INCHBYINCHKIDS.COM, For Learning and Play Every Inch of the Way, and other marks indicated on our site are registered trademarks of Inch By Inch Kids, Inc. in the United States and other countries.   INCH BY INCH KIDS logo design, and other Inch By Inch Kids, Inc. graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Inch by Inch Kids, Inc. InchByIndhKids.com's trademarks and trade dress may not be used in connection with any product or service that is not Inch By Inch Kids, Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Inch By Inch Kids, Inc.  All other trademarks not owned by Inch By Inch Kids, Inc. are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Inch by Inch Kids, Inc.

 YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  Inch by Inch Kids, Inc. does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use InchByInchKids.com only with involvement of a parent or guardian. Inch by Inch Kids, Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Inch by Inch Kids, Inc. on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Inch by Inch Kids, Inc.'s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Inch by Inch Kids, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Inch by Inch Kids, Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Inch by Inch Kids, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that Inch by Inch Kids, Inc. may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.  By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Inch by Inch Kids, Inc. may use your information for marketing and promotional purposes.

INCH BY INCH KIDS, INC.'S COMMUNICATIONS TO YOU

You agree that Inch by Inch Kids, Inc. may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Inch by Inch Kids, Inc.'s products or services, or for such other purpose(s) as Inch by Inch Kids, Inc. deems appropriate.  We will communicate with you 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.

 Privacy

Please review our Privacy Policy, which also governs your visit to InchByInchKids.com, to understand our practices.

Pricing

The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.  Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent the total of the manufacturer's estimated or suggested retail price for each of the items included in the set.

With respect to items sold by Inch by Inch Kids, Inc., we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be priced incorrectly. If we discover an incorrect pricing, we will do one of the following:

• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

• If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

 Risk of Loss

 All items purchased from Inch by Inch Kids, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

We have attempted to be as accurate as possible in the descriptions and display of the products listed on the Site. However, Inch by Inch Kids does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Inch by Inch Kids itself is not as described, your sole remedy is to return it in unused condition.   Please refer to our Returns Policy for further details. 

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which Inch by Inch Kids, Inc. does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT INCH BY INCH KIDS, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

INACCURACY DISCLAIMER

From time to time there may be information on InchByInchKids.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Inch by InchByInchKids.com purchase you may return it with your invoice to Inch by Inch Kids, Inc. by mail. Please see our Return Policy.

INDEMNIFICATION

You agree to defend, indemnify and hold Inch by Inch Kids, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

MISCELLANEOUS

Unless otherwise specified and except to the extent INCH BY INCH KIDS, INC. products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Inch by Inch Kids, Inc.'s products and services available in the United States and select foreign markets. This Site is controlled and operated by Inch by Inch Kids, Inc. from its offices in Wayzata, Minnesota.

This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Minnesota, Hennepin County.

TERMINATION

This Agreement is effective unless and until terminated by either you or Inch by Inch Kids, Inc.. You may terminate this Agreement at any time. Inch by Inch Kids, Inc. also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Inch by Inch Kids, Inc.'s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Inch by Inch Kids, Inc., you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.