Terms and Conditions:
Burkleigh Baby LLC (hereafter referred to as Burkleigh Baby) has posted these Terms and Conditions for your benefit. These Terms and Conditions ("Terms") govern the use of this website as well as the relationship between Burkleigh Baby ("Burkleigh Baby" or "Us") and its customers ("you"). These Terms are binding on you and your use of the website and/or purchase of goods/services constitutes acceptance of these terms. If you do not accept these terms you must immediately leave this website or cancel your purchase of goods and/or services per the paragraph titled "Cancellation". Burkleigh Baby reserves the right to change, modify, update or revise these terms from time to time with our without notice to you. Please refer back to this page periodically to ensure you are up to date on the most current terms.
Third Party Terms:
The use of Burkleigh Baby website as well as any products or services may include the use of or access to third party services, data, websites, tools, products, etc ("third party offerings"). The use of those third party offerings is governed by the terms of those providers in addition to the terms of Burkleigh Baby unless otherwise noted. Those third party terms where applicable are included in this agreement by reference.
For One-Time Services or Product Purchases:
You agree to pay all charges upfront and in full as specified in your bill including all taxes, fees and other charges whether incurred by you, your spouse, family members, employees or anyone else who has access to your account. You agree to provide Burkleigh Baby with a valid credit card (Visa, MasterCard or American Express) or be billed at time of purchase. Payment must be received by us prior to commencement of service or shipment of product. In any event, regardless of the method of payment you agree that Burkleigh Baby may run a credit check as we deem necessary to validate your creditworthiness prior to fulfilling any purchase made by you.
Late Payment and Payment Disputes:
You agree to be subject to then current billing terms in effect when each bill is issued. If you dispute any charges or bill you must notify us of your dispute of the charges within 30 days of your receipt of the bill or charges in question. Failure to do so constitutes a wavier of your right to dispute unless prohibited by law in the state where you are billed. Late payments are subject to a 1.5% per month late fee unless prohibited by law in which case you will be subject to the highest amount allowed by law in the state where you are billed.
Burkleigh Baby may at any time agree to partial payments, scheduled payments or some other payment arrangement without limiting our rights to collect all amounts due to us. If you fail to make a payment for 60 days, your financial institution dishonors or returns for insufficient funds your check or credit card, Burkleigh Baby reserves the right to 1) disable or terminate your service and account, cancel any purchase or hold shipment as well as terminate all obligations of Burkleigh Baby under these terms or any other agreement in effect between you and us, 2.) Charge you a $25.00 fee or next highest amount as allowed by law 3.) Refer your account to collections and charge you for any fees associated with the collections process.
You may not use the service(s) and/or product(s) for any illegal, unauthorized, unintended, unsafe, hazardous or unlawful purpose or in any manner inconsistent with these Terms. You agree to use the service(s) and/or product(s) solely for your own business or personal use, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity unless agreed to in writing by an authorized representative of Burkleigh Baby.
Additionally, the content, logos, artwork, phrases and other information provided on our website is copyrighted material. As such, it may be viewed, copied, printed or otherwise used only for personal, non-commercial purposes. You may not use, modify, edit, copy, print, display, reproduce, alter, distribute or publish any information or content from this site without express written permission of Burkleigh Baby LLC.
If Burkleigh Baby suspects or has proof that your information is untrue, inaccurate, not current or incomplete, then Burkleigh Baby reserves the right to suspend or terminate your account and refuse any and all use of the site as well as cancel any purchases both now and in the future.
You agree that any dispute, claim or controversy arising out of or relating to these terms, any purchase or to the provision of any service, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association ("AAA"). The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. The decision of the arbitrator shall be binding upon both parties. These Terms and the performance hereunder will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of Polk, North Carolina.
This agreement to arbitrate also requires you to arbitrate claims against other parties relating to products and/or services provided or billed to you, including third party suppliers of products, services, data and as applicable our retail dealers, if you also assert claims against us in the same proceeding.
Before filing for arbitration, you agree to provide Burkleigh Baby with an opportunity to resolve your claim or dispute by contacting us in writing with a description of your claim or dispute to the following address: Burkleigh Baby LLC 172 Highlands Square Dr., Suite 329, Hendersonville, NC 28792. Further you agree to negotiate with us in good faith regarding your claim or dispute. If we are unable to resolve your claim or dispute within 30 days after receipt of your written notice, then you or Burkleigh Baby may initiate arbitration in lieu of suing in court. You must serve our Claims Department at the address listed above in order to begin arbitration proceedings. The AAA has a fee schedule for arbitrations. You will pay your share of the arbitrator's fees and administrative expenses ("Fees and Expenses") You and Burkleigh Baby agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may only award as much and the type of relief as a court with jurisdiction in the place of arbitration that is consistent with law and this Agreement. An arbitrator may issue injunctive or declaratory relief but only applying to you and us and not to any other customer or third party. As a limited exception to the agreement to arbitrate, you and Burkleigh Baby agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement.
As part of your agreement to arbitration you waive any right to a class action whether in court or through arbitration. You and Burkleigh Baby may only initiate a claim or dispute in an individual manner and not as a class member, representative or other similar capacity. The foregoing not withstanding, if a court or arbitrator decides in the course of a claim or dispute that the wavier of class action or status is invalid or unenforceable under applicable law, then the arbitration agreement is considered void and you and Burkleigh Baby agree that such claim or dispute will be subject to a court of appropriate jurisdiction. Regardless, no claim or dispute may be brought to small claims court.
You and Burkleigh Baby agree that should any claim or dispute be filed whether in arbitration or court (as provided above) that all parties waive their right to a jury trial to resolve the claim or dispute.
Our Right to Cancel:
Burkleigh Baby reserves the right to cancel your web account, subscription, and/or ongoing service(s), at any time, for any or no reason and without notice and assumes no liability to you upon such cancellation, other than to provide you with a refund for prepaid, unused monthly fees for subscriptions and/or service(s), if cancellation is done without cause. In no event will Burkleigh Baby be obligated to provide a refund if cancellation was for cause.
For One-Time Service(s)/Product Purchases:
You may cancel any purchase of one-time service(s) or product(s) for a full refund prior to commencement of service(s) or shipment of product(s). After service(s) has started or product(s) has shipped you are eligible for a refund: a.) for service(s) - in the amount equal to the value of the service(s) not yet provided. b.) for product(s) - a refund of the purchase price after you have completed the Return Authorization Process outlined below. In no event will Burkleigh Baby be liable for refunding shipping costs. To cancel a one-time service(s), you must contact our Customer Service department either by email firstname.lastname@example.org or by phone 1.828.414.4530. You can also request a cancellation in writing by sending written notice to our Customer Service Department at the following address:
BURKLEIGH BABY LLC
Customer Service Dept.
172 Highlands Square Dr.
Hendersonville, NC 28792
Return Authorization Process:
In order to return product purchased by you it is necessary to obtain a Return Authorization number ("RA"). To obtain an RA you must contact our Customer Service department either by email email@example.com or by phone 828.414.4530. You can also request a cancellation in writing by sending written notice to our Customer Service Department at the following address:
BURKLEIGH BABY LLC
Customer Service Dept.
172 Highlands Square Dr.
Hendersonville, NC 28792
The RA number must included in the box with the returned product(s) as well as be clearly marked on the outside of the box. Packages received by us without the proper RA number will be returned unopened and no refund will be issued. Returned product(s) not being returned for product failure, as determined by our Customer Service department, must be in good, working, and resalable condition to be eligible for a refund.
Limitation of Liability:
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold Burkleigh Baby and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, expert witness fees, etc. arising out of or in connection with your use of the website, service(s), product(s), and/or software or use or possession by you of the third party offerings.
We may assign all or part of our rights or duties under the Agreement with or without notice to you and such assignment will not be considered a change to the Agreement, except to the extent provided by law. We are then released from all liability in regard to the agreement. You may not assign the Agreement without prior written consent of Burkleigh Baby LLC. Subject to these restrictions, the Agreement will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive its benefits.
Notices and Customer Communications:
Severability and Survivability:
Each section of these terms is considered individual and independent of the others. To the extent that any such section is held invalid or unenforceable then (a) the ruling authority should construe that section to reflect the intentions of parties with regard to that section. (b) the remainder of the sections will continue in full force and effect.
Our ability to collect unpaid amounts and to pursue collections actions in a court of appropriate jurisdiction shall survive the cancellation or termination of this agreement.
Ability to Enter Contracts:
By agreeing to the terms you represent that you are of legal age to enter an agreement in the United States and that you have the legal capacity to be bound by this agreement. If you are agreeing to these terms on behalf of a company then you represent that you have the legal right to obligate the company and all employee users to the terms of this agreement. Furthermore, you agree to be personally liable for all accounts and amounts due under this agreement if it should be determined that you do not have the right to enter into this agreement on behalf of the company you represent.
This agreement is subject to the laws of the State of North Carolina and specifically excludes the UN Convention on Contracts and/or any foreign law.
If we do not enforce our rights under any section of this agreement it does not constitute a waiver of those rights. Burkleigh Baby LLC may choose to enforce those rights at a later time as it determines.