MacKenzie-Childs LLC Terms & Conditions 

1. Introduction

Please read these terms of use (“Terms”) for the website www.mackenziechilds.com (the “Web Site”) carefully. If you do not accept these Terms, do not use this Web Site. Using this Web Site means you automatically agree to be bound by these Terms. MacKenzie-Childs LLC (“MacKenzie-Childs”) may revise these Terms at any time. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms will mean you accept those changes. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing the Web Site for any reason.

2. Use of Material

The contents of this Web Site, such as text, graphics, images and other material (“Material”), are owned by MacKenzie-Childs and its affiliates, licensors and vendors, and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark, and other laws.

MacKenzie-Childs authorizes you to view and download a single copy of the Material on the Web Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. You may not use the Material on any other web site or in a networked computer environment for any purpose.

You may not copy or adapt the HTML or other code that MacKenzie-Childs uses to generate its pages.

You may not, without the prior written permission of MacKenzie-Childs, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the pages, data, or content found on the Web Site or accessed through the Web Site.

If you download software from the Web Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by MacKenzie-Childs or its licensors. MacKenzie-Childs does not transfer title to the Software to you. You own the medium on which the Software is recorded, but MacKenzie-Childs and its licensors retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Any use of the Software may be subject to an accompanying end user software license agreement.

3. Acceptable Site Use

General Rules: You may not use the Web Site to transmit, distribute, store, or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, or hateful.

Security Rules: You may not violate or attempt to violate the security of the Web Site or use the Web Site to violate the security of other web sites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing,” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any MacKenzie-Childs packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MacKenzie-Childs may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Web Site who are involved in such violations.

Specific Prohibited Uses: MacKenzie-Childs specifically prohibits any use of the Web Site, and you agree not to use the Web Site, to:

  • distribute or otherwise publish, without MacKenzie-Childs’ approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
  • solicit other users of the Web Site to join or become members of any commercial online service; or
  • delete or revise any material posted by any other person or entity.

 

4. User Information

If MacKenzie-Childs asks you to register on or for the Web Site, you will be asked to provide MacKenzie-Childs with certain information including, without limitation, a valid email address (your “Information”). Please see MacKenzie-Childs’ Privacy Policy for further details regarding MacKenzie-Childs’ use of your Information.

5. User Submissions

Our Web Site may enable you to submit, transmit, exchange, communicate, and/or display (each a “Post” or a “Posting”) content, review, photos, messages, ratings, or other information (“User Content”). Our Web Site may also provide access to content aggregated from third party sites, such as product reviews (“Third Party Content”). If you use the Web Site, you are responsible for your own User Content and the consequences of your Postings.

By submitting any User Content to MacKenzie-Childs, you represent and warrant that:

  • All User Content that you Post is accurate and complete;
  • You are at least 18 years old;
  • Use of the User Content you supply does not violate these Terms or our Privacy Policy and will not cause injury to any person or entity;
  • You have made proper disclosures regarding any relationships between you and MacKenzie-Childs; and
  • Your User Content reflects your honest and truthful opinion regarding your experience with our products.

Subject to our Privacy Policy, all User Content that you Post on the Web Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Web Site. You agree that MacKenzie-Childs, our affiliates, and our licensees are free to use any User Content for any purpose whatsoever, with or without prior notice to you and without any approval from or compensation to you. You also permit any user of the Web Site to access, display, view, store, and reproduce the User Content for personal use. Subject to the foregoing, the owner of the User Content placed on the Web Site retains any and all rights that may exist in the User Content. You acknowledge that you are solely responsible for the form, content, and accuracy of any Content you place directly or indirectly on the Web Site.

By Posting User Content, you represent and warrant that you have the right to grant, and do grant, to MacKenzie-Childs and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the User Content (the “License”). You also warrant that the holder of any rights, including moral rights in the User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the License.

MacKenzie-Childs has the right, but not the obligation to use your user name (and real name, image, likeness or other identifying information, if provided in connection with

User Content), city and state in connection with any publication of your User Content. Do not Post or provide any User Content that you do not wish to license to us.

We reserve the right, in our sole discretion, to condense, excerpt from, or reformat the User Content on our Web Site. We do not guarantee that you will have any recourse through MacKenzie-Childs to edit or delete any User Content you have submitted. MacKenzie-Childs further reserves the right, in its sole discretion, to remove or refuse to Post User Content for any reason, except if the purpose is to prevent a consumer from posting a negative or unfavorable review of our products that does not otherwise violate these Terms or:

  • Relates to a product that has been or will soon be discontinued;
  • Is written in a foreign language;
  • Contains private information;
  • Is unrelated to the brand or a product;
  • Is false or misleading, in our sole discretion; or
  • We reasonably certain is fake.

In addition, you shall not:

  • Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
  • Post material that reveals trade secrets, unless you own them or have the permission of the owner;
  • Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  • Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
  • Post a sexually-explicit image or statement;
  • Post advertisements or solicitations of business without MacKenzie-Childs’ approval;
  • Post chain letters or pyramid schemes; or
  • Impersonate another person.

MacKenzie-Childs does not represent or guarantee the truthfulness, accuracy, or reliability of User Content Posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on User Content Posted by another user will be at your own risk.

MacKenzie-Childs has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content Posted by users. If notified of User Content that allegedly does not conform to these Terms, MacKenzie-Childs may investigate that allegation and determine in good faith and its sole discretion whether to

remove or request the removal of the User Content. MacKenzie-Childs has no liability or responsibility to users for performance or non-performance of such activities.

MacKenzie-Childs reserves the right (i) to expel users and prevent their further access to the Web Site for violating these Terms or the law, and (ii) to remove User Content that does not conform to the provisions of these Terms.

6. Registration and Password

You are responsible for maintaining the confidentiality of your information and any password. You are responsible for all uses of your registration, whether or not authorized by you. You shall immediately notify MacKenzie-Childs of any unauthorized use of your Information, registration, or password.

7. MacKenzie-Childs’ Liability

The Material may contain inaccuracies or typographical errors. MacKenzie-Childs makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at anytime without notice.

MACKENZIE-CHILDS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MACKENZIE-CHILDS IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MACKENZIE-CHILDS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. MACKENZIE-CHILDS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.

8. Disclaimer of Consequential Damages

IN NO EVENT WILL MACKENZIE-CHILDS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MACKENZIE-CHILDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Links to Other Sites

To the extent the Web Site contains links to third party web sites, such links are provided solely as a convenience to you and not as an endorsement by MacKenzie-Childs of the content on such third-party web sites. MacKenzie-Childs is not responsible for the content of any linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.

10. Limitation of Liability

The aggregate liability of MacKenzie-Childs to you for all claims arising from the use of the Materials or any other use of the Web Site is limited to $10.

11. Termination

If you breach any of these Terms, MacKenzie-Childs reserves the right, at its sole discretion, to immediately terminate your registration with, or ability to access, the Web Site, any Material, and/or any other service provided to you by MacKenzie-Childs.

12. Indemnity

You shall defend, indemnify, and hold harmless MacKenzie-Childs, its affiliates, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees (whether incurred as the result of a third-party claim or a claim to enforce this Term), alleging or resulting from your use of the Material or the Web Site or your breach of any of these Terms. MacKenzie-Childs will notify you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding.

13. MacKenzie-Childs Rewards Terms and Conditions

  1. Membership & Eligibility

The MacKenzie-Childs Rewards Program (“Program”) is a free rewards program offered by MacKenzie-Childs Aurora, LLC (“Company”) to its customers located in the United States. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual (“Member[s]” or “You[r]”). To be eligible for Membership, individuals must be 13 years of age or older and legal residents of the United States. If you are a minor, you must seek consent from your parent or legal guardian before participating

Your participation in the Program shall be void where prohibited by law. State and/or Federal taxes may apply where required by applicable law. The Company neither assumes, nor shall it have, any liability for any Member’s participation that contravenes the laws or regulations of Member’s state. Benefits, Rewards, and points (as defined and described in Section 3 and 5) may only be obtained, used, or redeemed through MacKenzie-Childs.com, in MacKenzie-Childs retail stores, and or the Company’s customer service center.

BY APPLYING, REGISTERING, ENROLLING FOR MEMBERSHIP AND/OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (AS THE SAME MAY BE AMENDED, MODIFIED OR REPLACED FROM TIME TO TIME, THESE “TERMS”). NO PURCHASE IS NECESSARY TO BECOME A MEMBER. THE COMPANY MAY, IN ITS SOLE DISCRETION AND WITH OR WITHOUT NOTICE, CHANGE OR CANCEL THE PROGRAM OR AMEND, MODIFY OR REPLACE THESE TERMS. PLEASE READ THESE TERMS CAREFULLY BEFORE PARTICIPATING IN THIS PROGRAM. YOUR PARTICIPATION IN THE PROGRAM IS SUBJECT TO THE PROGRAM RULES AND TERM THEN IN EFFECT.

  1. Joining MacKenzie-Childs Rewards; Existing MacKenzie-Childs Rewards Members & Opting Out

To join the Program, U.S. customers must register for a Membership account on MacKenzie-Childs.com. You will be required to agree to these Terms to participate in the Program. U.S. customers with existing Membership accounts as of September 1, 2023, must also agree to these Terms to continue to participate in the Program and automatically earn points towards the Program from Qualified Purchases (as defined in Section 4) starting September 1, 2023. You may opt out of the Program at any time by contacting customer service at customerservice@mackenzie-childs.com. If You elect to opt out or cancel Your Membership account, You (a) will automatically forfeit and will not be able to redeem any unused points from prior purchases, (b) will not be able to earn points for any subsequent purchases or actions, and (c) any previously earned Benefits, Rewards, or points will be forfeited and You not be able to retrieve or restore (nor will You be entitled to receive or use) any previously earned Benefits, Rewards, or points if You elect to opt in at a later time.

  1. Attaining & Maintaining Tier Status

There are four Member tiers in the Program: -- Bronze, Silver, Gold, and Platinum. As further described below, each tier is based on the Member’s annual spend on qualified purchases. Achieving Silver, Gold, or Platinum status requires the Member reaching the minimum spend per Annual Period (as defined below) applicable for that tier. The applicable minimum spend per Annual Period for Members to be in the Silver, Gold, and Platinum tiers, respectively, are described in this Section 3 below (each, a “Annual Minimum Spend”). All tiers have a variety of types and quantities of benefits which the Company, in its sole discretion, makes available from time to time (“Benefits”). Benefits may vary by tier and certain elevated tiers may have more Benefits than other tiers. The type, timing, and availability of Benefits will be determined by the Company in its sole discretion. Once You achieve an elevated tier status, You will remain in that tier for twelve (12) months calculated from the date You achieve the applicable Annual Minimum Spend for that tier (the “Annual Period”), unless Your annual spend qualifies You for another elevated tier during that same Annual Period, in which case the twelve (12) month Annual Period will then be calculated from the date You achieve the applicable Annual Minimum Spend for that other elevated tier. To maintain Your status in a Silver, Gold, or Platinum tier, You must meet the Annual Minimum Spend for that tier in that Annual Period and each successive twelve (12) month Annual Period thereafter starting on the anniversary of the date You achieved the applicable Annual Minimum for that tier and for each Annual Period thereafter. If, at the end of an Annual Period, You have not met the Annual Minimum Spend required for that tier, Your tier will be changed to the tier with the Annual Minium Spend applicable to Your annual spend during that Annual Period.

Bronze

All Members automatically start in the Bronze tier upon enrollment. Subject to removal from the Program (as defined in Section 10), a Member will remain in the Bronze tier unless and until the Member meets the Annual Minimum Spend and other requirements for either the Silver, Gold, or Platinum status tiers.

Silver

The Silver tier has an Annual Minimum Spend of $300. Status in the Silver tier is awarded to Members that have an annual spend on qualified purchases of at least $300 per Annual Period. Once achieved, status in the Silver tier is valid for that Annual Period and the Member must meet the Annual Minimum Spend for the Silver tier (or Gold or Platinum tier) for each Annual Period thereafter or the Member will revert to the Bronze tier.

Gold

The Gold tier has an Annual Minimum Spend of $1,500. Status in the Gold tier is awarded to Members that have an annual spend on qualified purchases of at least $1,500 Annual Period. Once achieved, status in the Gold tier is valid for that Annual Period and the Member must meet the Annual Minimum Spend for the Gold tier (or Platinum tier) for each Annual Period thereafter or the Member will revert to the Silver or Bronze tier, depending on the Member’s annual spend for the Annual Period.

Platinum

The Platinum tier has an Annual Minimum Spend of $5,000. Status in the Platinum tier is awarded to Members that have an annual spend on qualified purchases of at least $5,000 per Annual Period. Once achieved, status in the Platinum tier is valid for that Annual Period and the Member must meet the Annual Minimum Spend for the Platinum tier for each Annual Period thereafter or the Member will revert to the Gold, Silver, or Bronze tier, depending on the Member’s annual spend for the Annual Period.

  1. Earning Points & Rewards

All Members will receive 1 point for every U.S. dollar spent on qualified purchases on MacKenzie-Childs.com, in MacKenzie-Childs retail stores, and through the Company’s customer service center (“Qualified Purchase[s]”). All Members will receive bonus points for completing actions within the “Ways to Earn Points” section as set forth in the “My Account” Dashboard and Program page. The Company may offer bonus points events from time to time in which the bonus points offer would apply.

To make a Qualified Purchase, you must be logged into Your Membership account or provide Your Membership registered email address. Points are calculated based on the net amount of a Qualified Purchase rounded up to the nearest dollar. The net amount is the amount paid after discounts, taxes, shipping, and any amounts redeemed in Rewards (as defined in Section 5) have been deducted. Points will be awarded to Your Membership account twenty-four (24) hours after a Qualified Purchase is placed.

Points cannot be awarded for prior purchases; for the purchase of MacKenzie-Childs Gift Cards; for dollars spent on tax or shipping; for purchases made at special events including, but not limited to, Warehouse Sales; or for purchases made in other locations that carry MacKenzie-Childs products such as Neiman Marcus, Williams-Sonoma, or independent gift shops. Other restrictions may apply.

If a purchase is cancelled or a product is returned, any points awarded for the purchase of such product will be cancelled. Points will still be credited for cancellations of purchases by the Company.

  1. Redeeming Points & Rewards

From time to time, the Company, in its sole discretion, may make rewards available that a Member may redeem using points (“Reward[s]”). Points may only be redeemed for Rewards on MacKenzie-Childs.com, in MacKenzie-Childs retail stores, and through the Company’s customer service center. You are eligible to redeem points for a Reward if You have enough points in Your Membership account for that specific Reward.

For example, a Member may redeem 500 points for a $15 Reward and 1,000 points may be redeemed for a $30 Reward. The net purchase amount (after all other discounts have been applied) to which the Reward will be applied must be greater than or equal to the $15 Reward or $30 Reward, as applicable, that the Member is applying to the purchase. There is a limit of one (1) Reward per purchase and points will be deducted once the purchase has been completed.

To redeem a Reward, You must be logged into Your Membership account to apply at checkout. You may also redeem a Reward during the checkout process in MacKenzie-Childs retail stores, and through the Company’s customer service center. You are not required to redeem a Reward at checkout. The Company reserves the right to change the number of points required to redeem Reward amounts at any time, without notice to you.

Rewards cannot be applied to prior purchases; to the purchase of MacKenzie-Childs Gift Cards; to dollars spent on tax or shipping; to purchases made at special events including, but not limited to, Warehouse Sale; nor to purchases made in other locations that carry MacKenzie-Childs products such as Neiman Marcus, Williams-Sonoma, or independent gift shops. Other restrictions may apply.

If a purchase is cancelled or a product is returned, any points redeemed for the purchase, or the purchase of such product will be re-credited. It is possible for Your Membership account to have a negative balance if You do not have enough points due to cancellation or return.

All Benefits, Rewards, and points earned through the Program have no cash value, cannot be exchanged nor refunded for cash or credit, and may not be altered, bartered, transferred, nor sold. You have no ownership interest in the foregoing, and any use of “earn” or like language, does not constitute property or entitle You to any other rights except as expressly provided herein.

  1. Expiration of Points & Rewards

All points will expire when a Member has not engaged in point activity associated with that Membership account (through purchase or redemption) for twelve (12) months or more. The Company will not provide prior notice to you that your points are about to expire.

  1. Referral Program

Members will receive points for referring friends to (a) create a new Membership account and (b) place their first Qualified Purchase of $150 or greater as a Member of the Program (“Referral Program”).

To participate, use Your unique referral link within the “Refer A Friend” section as set forth in the “My Account” Dashboard and Program page. You must send an invitation to eligible friends to shop on MacKenzie-Childs.com via direct link, email, or Facebook (“Referrer”). An eligible friend is one who (a) has agreed and is subject to the Terms and (b) has never previously purchased on MacKenzie-Childs.com (“Referred Customer”). Each Referred Customer will receive a coupon to be used on their first Qualified Purchase of $150 or greater on MacKenzie-Childs.com. There is a limit of one (1) coupon per Referred Customer.

The Referred Customer must click on the Member’s unique referral link, continue to register for a Membership account on MacKenzie-Childs.com, and then make a Qualified Purchase of $150 or greater, all within the same browser session (“Qualified Referral”). If a Qualified Referral is made, the Referrer will receive 500 points in their Membership account within two (2) business days (“Referral Reward”).

The Referrer’s unique referral link may not be shared, sold, or used in any way except by the Referrer alone to obtain Qualified Referrals; referral links shared with or obtained through other sources will not be eligible to receive a Referral Reward. Referrers are limited to one (1) Qualified Referral for each Referred Customer; additional purchases made by a Referred Customer will not be deemed to be additional Qualified Referrals. The Referral Reward is determined and issued by the Company in its sole discretion.

If a purchase is cancelled, any points awarded for the purchase will be cancelled for the Referrer and the Referred Customer. Points will still be credited for cancellations of purchases by the Company.

As a Referrer, You agree to comply with all applicable laws, including, but not limited to, the CAN- SPAM Act. Any distribution of Your unique referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of Your Membership and exclusion from the Referral Program.

Your participation in the Referral Program requires You to submit personal information about yourself and Your friends, such as name and email address. By submitting any personal information about yourself and Your friends, you agree to our Privacy Policy and represent that you have all necessary consents to provide Your friends personal information. You agree to receive communications from the Company relating to Your participation and to allow the Company to communicate with Your friends about Your participation (e.g., by disclosing to Your friends that an invitation was sent by You). You or Your friends may opt-out of receiving communications by following the instructions in the communication.

  1. Membership Account

Detailed descriptions of the Benefits and Rewards provided by Membership can be found on the Program page at https://www.mackenzie-childs.com/rewards. You may view Your Membership account activity by logging into the “My Account” Dashboard at https://www.mackenzie-childs.com/account.

  1. Agreeing to Company’s Privacy Policy and Terms of Use

The Company values Your privacy. The personal information collected from each Member, including purchase history and credit card information will only be used and disclosed by the Company for the purpose of the administration of the Program, internal analysis for marketing purposes, and as otherwise permitted by the Company’s Privacy Policy. BY APPLYING FOR MEMBERSHIP IN THE PROGRAM AND/OR REFERRAL PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR OVER THE AGE OF 13, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO RECEIVE COMMUNICATIONS FROM THE COMPANY AND TO BE BOUND BY THE COMPANY’S PRIVACY POLICY AND TERMS OF USE. PLEASE SEE THE COMPANY’S PRIVACY POLICY AND TERMS OF USE AT https://www.mackenzie-childs.com/privacy-policy.html.

  1. Changes, Termination and/or Removal From Program

The Company specifically reserves the right to terminate, cancel, suspend and/or modify the Program, or any specific Member’s participation in the Program, if any fraud, virus, or other technical problem corrupts the administration, security, safety, or proper function of the Program, as determined by the Company in its sole discretion. In addition, the Company reserves the right to terminate, cancel, suspend and/or permanently ban any specific Member’s participation in the Program if the Company suspects that such Member is conducting fraudulent activity to acquire, accumulate or spend points including, but not limited to, by a Member creating multiple Membership accounts, false referrals, etc.

Any abuse of the Program, failure to follow any Terms of the Program, any misrepresentation, or any conduct detrimental to the interests of the Company, in each case, as determined by the Company in its sole discretion, may subject Members to Membership revocation and will affect eligibility for further participation in the Program or other programs offered by the Company. If Your Membership is revoked or otherwise cancelled, You (a) will not be able to redeem any unused points, (b) will not be able to earn points for purchases or actions, and (c) will not be able to retrieve previously earned Benefits, Rewards, or points if You elect to opt in at a later time. YOUR CONTINUED USE OF THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

It is Your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining, continuing to use, participating in and/or receiving any of the benefits of the Program, You hereby agree to be bound by any such changed Terms.

  1. The Program’s Content on the Website

The Company owns, controls, and/or licenses all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on the https://www.mackenzie-childs.com/ (the “Website”) (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content. The Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws.

The Website and all Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without the Company’s prior written consent. However, as long as You comply with these Terms, the Company grants You a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website. This permission is conditioned on Your not modifying the Website, the Content, and Your acceptance of any terms, conditions, and notices accompanying the Content or otherwise set forth in this Website. Notwithstanding the foregoing, any materials available for downloading, access, or other use from this Website with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

If You post to Your personal social media including, without limitation, Facebook, Twitter, Pinterest, Instagram, or YouTube, and You tag or hashtag @mackenziechilds/#mackenziechilds, You grant the Company the irrevocable, unrestricted right to repost Your post on Website or Company social media.

Your failure to comply with the Website’s terms, conditions, and notices will result in automatic termination of any rights granted to You, without prior notice. Except for the limited permission in the preceding paragraph, the Company does not grant You any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

  1. Disclaimers and Limitation of Liability

THE COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE OR THE ADMINSTRATION OF THE PROGRAM OR THE REFERRAL PROGRAM WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT, THE PROGRAM, AND THE REFERRAL PROGRAM ARE DELIVERED ON AN “AS-IS,” “WHERE-IS” AND “AS-AVAILABLE” BASIS.

ALL INFORMATION PROVIDED ON THE WEBSITE, INCLUDING AS TO PRICING, FEATURES, AND AVAILABILITY OF PRODUCTS AND SERVICES, IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES, PRODUCTS, OR OTHER MATTERS DESCRIBED IN THIS WEBSITE.

THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY CANNOT ENSURE THAT ANY INFORMATION YOU TRANSMIT TO THE WEBSITE WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR COMPANY SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, THE COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED US $100.00. PLEASE BE ADVISED THAT SOME JURISDICTIONS RESTRICT LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION. THIS PROVISION DOES NOT APPLY TO  RESIDENTS OF STATES WHERE A LIMITATION IS NOT PERMITTED.

The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, security breach, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, and shall apply to the fullest extent permitted by the law of the applicable jurisdiction.

  1. Indemnity

You agree to indemnify and hold the Company, its affiliates, and each of their respective existing and future officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and assignees, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with Your use of the Website, the Referral Program, or the Program.

  1. Dispute Resolution

You agree that all matters relating to Your access to or use of the Website, your participation in the Program and/or the Referral Program, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws’ provisions. You agree to the personal jurisdiction and venue in the state and federal courts in New York, New York, and waive any objection to such jurisdiction or venue

Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to court costs and attorneys’ fees.

  1. Miscellaneous

If a court or other tribunal of competent jurisdiction holds any of the provisions of these Terms to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

These Terms constitute the entire agreement between You and the Company with regard to Your use of the Website, and your participation in the Program and/or the Referral Program, and any and all other written or oral agreements or understandings previously existing between You and the Company with respect to such use are hereby superseded and cancelled.

The Company’s failure to insist on or enforce strict performance of these Terms shall not be construed as the Company’s waiver of any provision or any right it has to enforce these Terms, nor shall the Company’s waiver of any provision on one occasion be deemed a waiver of such provision on any previous or subsequent occasion. Any course of conduct between the Company and You or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. The Company customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.

  1. Additional Information on the Program

If You have any questions regarding the Program, You may email customer service at customerservice@mackenzie-childs.com.

14. General

MacKenzie-Childs makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction of any claims arising under these Terms will lie exclusively with the state or federal courts within Rochester, New York. If any Term is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in an end user software license, or in a “Legal Notice” or other statement by MacKenzie-Childs on the Web Site, these Terms constitute the entire agreement between you and MacKenzie-Childs with respect to the use of Web Site.

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