Acceptance of Terms
Welcome to SimmonsKids.com. Please take a few minutes to review our Terms and Conditions. The use of the SimmonsKids.com website (the Website) and the sale of products and use of the services and information offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies, and terms and conditions of sale and/or use appearing on this Website (collectively, the Terms of Use). Your use of this Website in any manner, whether browsing, offering your product reviews, thoughts or ideas, creating a registry or account with us, or making a purchase, constitutes your acknowledgement that you have read the Terms of Use and that you agree to follow and be bound by them. You also acknowledge and agree that any disputes that may arise under these Terms of Use will be governed by the laws of the State of New York under the exclusive jurisdiction of Manhattan County, without giving effect to any conflict of laws principles.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE WEBSITE. BY VIEWING OR USING ALL OR ANY PART OF THE WEBSITE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.
Changes
Simmons Kids Furniture (known as "Simmons") and/or Delta Children's Products Corp. (known as “Delta”) reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Information and Subscriptions
At your election, you may request additional information about Simmons or subscribe to various information services concerning Simmons' products, services and business. When you do so, the registration process requires you to provide your name, email address and certain additional information about your preferences, such as, for example, your preferred contact method and product markets of interest to you. You may initiate your subscription within your Delta account.
Privacy
Simmons use of personal information that you may submit to us through this Website is governed by the Simmons' Privacy Policy, which is posted for your review separately on this Website. Please review our Privacy Policy to understand how the information you supply to us may be used.
Debit Card Holds
When using a debit card, please be aware that your financial institution may place a hold on your account for an amount that may equal or exceed the purchase amount. Simmons and/or Delta is not responsible for placing or removing debit holds. Please contact your financial institution if you would like more information.
Rules and Conduct
The Website (including without limitation, any content, documents or other information made available via the Website) is provided only for your personal, non-commercial use. Any unauthorized use of the Website is expressly prohibited.
As a condition of use, you promise not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Simmons and/or Delta. You agree to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Website, that:
Simmons and/or Delta may, at its sole discretion, immediately terminate your access to the Website should your conduct fail to conform strictly with any provision of this section.
Content
Simmons or Delta has no obligation to monitor the Website or any use thereof. However, Simmons Kids or Delta reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.
Third Party Websites
This Website may contain links to other sites that are neither owned nor operated by Simmons, although some such sites may have an affiliation with Simmons or Delta (collectively, Third Party Websites). Such links are provided for your convenience only. Simmons makes no representations whatsoever about any Third Party Websites which you may access through this Website, as Simmons or Delta has no control over the content appearing on such Third Party Websites. Moreover, a link to a Third Party Website does not imply and does not constitute sponsorship, endorsement, approval, or responsibility for the content on, or the use of, such Third Party Website. No rights to use or copy the information on this Website or the Third Party Website is granted or implied. Please note: The Terms of Use and Privacy Policies applicable to Third-party Websites may differ significantly from those of Simmons Kids or Delta. You are encouraged to review the applicable privacy policies of such Third Party Websites.
Proprietary Rights You agree that all content and materials made available by Simmons at the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Simmons in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, database or directory without written permission from Simmons is prohibited.
Reproducing, copying or distributing any content, materials or design elements on the Website for any other purpose is strictly prohibited without the express prior written permission of Simmons. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.
User Comments
We welcome your comments about our Website, but please note that by uploading, submitting or otherwise disclosing or distributing content of any kind any including but not limited to, comments, feedback, reviews, photographs, original art, notes, messages, ideas, suggestions, or other communications (collectively Comments) at or otherwise through the Website, you:
grant to Simmons or Delta, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Comments in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein without restriction and without compensating you in any way;
represent and warrant to Simmons or Delta that you own or otherwise control all rights to such Comments and that disclosure and use of such Comments by Delta (including without limitation, publishing content at the Website) will not infringe or violate the rights of any third party; and acknowledge that the Comments may not be treated confidentially.
FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO DELTA, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE, PHOTOGRAPHS, OR ORIGINAL ARTWORK.
Termination
Delta may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Website.
No Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL COMPANY (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
Indemnification
You agree to defend, indemnify, and hold harmless Simmons or Delta, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of the Website. Delta reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Delta in asserting any available defenses.
International Use
Simmons makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Website is prohibited from territories where such Content is illegal. If you access the Website from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Dispute Resolution
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon 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. You and Simmons Kids or Delta agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in New York, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
Integration and Severability
These Terms of Use are the entire agreement between you and Simmons or Delta with respect use of this Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Simmons Kids or Delta with respect to this Website (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
Miscellaneous
These Terms of Use contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with Simmons or Delta's prior written consent. Simmons or Delta may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices
Unless otherwise indicated, these Terms of Use and all Content provided by Simmons or Delta are Copyright ©2015 Simmons Kids Furniture. All rights reserved. Simmons Kids and/or Delta and all products and services referenced herein are either trademarks or registered trademarks of Simmons Kids or Delta. The names of actual companies and products mentioned at the Website may be the trademarks of their respective owners.
Copyright Infringement
If you believe a work on the Website constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information:
Simmons Kids and Delta's Designated Agent for notice of claims of copyright infringement can be reached at: copyright@deltaenterprise.com.
Contact
You may contact Delta at the following address:
Simmons Kids Furniture
677 Commerce Drive
Hortonville, WI 54944
customerservice@sjfdec.com
