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Terms and Conditions



PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Shipment Date Estimates and Backordered Items
All items featured in our store ship from our partner's warehouses located around the US. It is possible that products listed on our site are not in stock at the manufacturer that you are ordering from and will need to be manufactured or imported. Most products on our site show a "Usually Ships" time frame under each product, and the majority of the time they will ship in the estimated time frame.
However, these estimates are guidelines as items that are imported in from other countries might be delayed beyond our control or other circumstances can arise that affect the shipment date.
If ordering multiple items your items will all ship together from each manufacturer your items are produced. Those items will ship when all items are in stock, normally within the 2-4 week time frame noted under each product.

Normally about 24-48 hours after you place your order with us, we will notify you of the estimated ship date. Should you not be in agreement with that ship date we will gladly issue a refund and cancel your order. Backordered items are those which our suppliers are unable to predict when they will have more in stock, but as soon as they do, we will be able to ship the item to you. In all cases we will keep you as informed as possilble.

How do I return an item?
All products are specialty items and are made to order. NO returns are allowed unless it is for authorized warranty service. Canceling an order may incur a 15-30% restocking fee if item has left our partner's warehouse; in addition you will be responsible for the shipping costs for your order both from the manufacturer and en route to our warehouse. Please visit our Warranty and Return information page.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kids Gym and Fitness, LLC. The collective work includes works that are licensed to Kids Gym and Fitness, LLC. Copyright 2008-2014, Kids Gym and Fitness, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kids Gym and Fitness, LLC or purchasing Kids Gym and Fitness, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kids Gym and Fitness, LLC or to purchase Kids Gym and Fitness, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kids Gym and Fitness, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Kids Gym and Fitness, LLC used in the site are trademarks or registered trademarks of Kids Gym and Fitness, LLC


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kids Gym and Fitness, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kids Gym and Fitness, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Kids Gym and Fitness, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Kids Gym and Fitness, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kids Gym and Fitness, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Kids Gym and Fitness, LLC product is mistakenly listed at an incorrect price, Kids Gym and Fitness, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kids Gym and Fitness, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kids Gym and Fitness, LLC shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kids Gym and Fitness, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Kids Gym and Fitness, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kids Gym and Fitness, LLC.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Kids Gym and Fitness, LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Kids Gym and Fitness, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Kids Gym and Fitness, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kids Gym and Fitness, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kids Gym and Fitness, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Kids Gym and Fitness, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Kids Gym and Fitness, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kids Gym and Fitness, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kids Gym and Fitness, LLC in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Kids Gym and Fitness, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Kids Gym and Fitness, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Kids Gym and Fitness, LLC, Kids Gym and Fitness, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kids Gym and Fitness, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kids Gym and Fitness, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


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