TABOR TOTS, LLC
TERMS AND CONDITIONS
UPON PURCHASING ANY PRODUCT FROM TABOR TOTS, LLC, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THE FOLLOWING TERMS AND CONDITIONS (the “Agreement”). IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT CLICK “I ACCEPT” AND DO NOT PROCEED WITH THE PURCHASE.
- USE OF WEBSITE
This website is provided solely for customers of TABOR TOTS, LLC. Any other use of this site is prohibited,
including, but not limited to, posting, transmitting, displaying, or otherwise communicating:
i. Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. Any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. Any encouragement of illegal activity;
iv. Unauthorized use or disclosure of private, personally identifiable information of others; or
v. Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
- WEBSITE CONTENTS AND OWNERSHIP
The information contained on this website, including all images, designs, photographs, writings, graphs,
data, and other materials (“Contents”) are the property of TABOR TOTS, LLC and are protected by copyrights, trademarks, trade
secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of
this website solely for the purposes of using this site for the authorized uses described herein.
- DISCLAIMER OF WARRANTY
You expressly agree that use of this website and the products herein are at your sole risk. Neither TABOR
TOTS, LLC, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors
(collectively, “Providers”), or the like, warrant that this website will be uninterrupted or error-free; nor do they make
any warranty as to the results that may be obtained from the use of this site or the products. The products and the site
are offered on an “AS IS” basis. THIS WEBSITE AND THE INFORMATION, CONTENT, PRODUCTS, AND MATERIALS ON THIS WEBSITE
ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. TABOR TOTS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE PRODUCTS OR MATERIALS
ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TABOR TOTS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY GOODS
OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING
WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY
TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT. Furthermore, TABOR TOTS, LLC does not warrant the
reliability of any statement or other information displayed or distributed through or on behalf of this website or the products
herein. TABOR TOTS, LLC reserves the right, in its sole discretion, to revise, make addition to, delete, or correct any errors
or omissions in, any portion of the website. TABOR TOTS, LLC may make any other changes to this website, the Contents and
the products, programs, services, or prices described in this site, at any time, without notice.
- LIMITATION OF LIABILITIES
TABOR TOTS, LLC SHALL NOT BE LIABLE, NOR ASSUME ANY RISK OR RESPOSIBLITY, NONE WHATSOEVER, ON BEHALF OF customers,
PROVIDERS, or any third party. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TABOR TOTS, LLC AND ITS PROVIDERS SHALL
NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE
MATERIALS, PRODUCTS, CONTENT, OR INFORMATION ON THIS WEBSITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT,
OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL TABOR TOTS, LLC OR ANY OF ITS PROVIDERS
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION
OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, PRODUCTS, CONTENT, OR INFORMATION ON THIS WEBSITE OR
ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF, OR INABILITY TO USE,
THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER TABOR TOTS, LLC OR ANY OF ITS
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless TABOR TOTS, LLC, and its Providers from and against
any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your purchase,
violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
- LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this website must be commenced within one
year after the claim or cause of action arises.
- CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan,
U.S.A., without reference to its conflict-of-law provisions. TABOR TOTS, LLC makes no representation that the materials are
appropriate or available for use outside the United States. If you access this website from outside the United States, you
will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your
use of this site. You agree that any dispute with TABOR TOTS, LLC related to this Agreement, including the interpretation
of this Agreement and the adequacy of any performance under this Agreement, shall be resolved by arbitration before a single
arbitrator who is mutually acceptable to you and TABOR TOTS, LLC. The decision of the arbitrator on any dispute shall be
final and binding on you and TABOR TOTS, LLC and enforceable in any court of appropriate jurisdiction. However, should it
become necessary for TABOR TOTS, LLC to employ an attorney to enforce any of the conditions or covenants hereof, including,
but not limited to, collections or arbitration, you agree to pay all expenses so incurred, including all attorneys fees.
Notwithstanding the aforementioned, you agree to mediate any dispute related to this Agreement prior to initiating
said arbitration. Yet, should it become necessary for TABOR TOTS, LLC to employ an attorney to enforce any of the conditions
or covenants hereof, including, but not limited to, collections or mediation, you agree to pay all expenses so incurred,
including all attorneys’ fees. If, for any reason, any dispute arising out of or relating to this Agreement shall be subject
to litigation, said litigation shall be conducted exclusively in KENT COUNTY, MICHIGAN and you herby consent to such jurisdiction
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between TABOR TOTS, LLC and you with respect to this website,
and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between
you and TABOR TOTS, LLC with respect to this website. A printed version of this Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent
and subject to the same conditions as other business documents and records originally generated and maintained in printed
form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the
remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any terms hereof or the application thereof to any person or circumstance shall be determined to be null and void,
ineffectual, invalid, or unenforceable by any competent tribunal, the remaining terms hereof or the application of such term
to persons or circumstances other than to those which were determined to be invalid or unenforceable shall not be affected
thereby and shall continue in full force and effect.
The waiver by either party of a breach by the other party of any provision of this agreement shall not operate or
be construed as a waiver of any subsequent breach.
- ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including
but not limited to any consent you give to receive communications from TABOR TOTS, LLC solely through electronic transmission.
You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field
with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and
the legal equivalent of your handwritten signature.
By agreeing to this document, you are agreeing and not limited to; TABOR TOTS, LLC Safe Application Agreement.