Terms of Use

Last updated: November 30, 2016

Quidsi, Inc. and/or its affiliates (“Quidsi”) provide website features and other products and services to you when you visit or shop at Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com, BeautyBar.com, use Quidsi products or services, use Quidsi applications for mobile, or use software provided by Quidsi in connection with any of the foregoing (collectively, “Quidsi Services”). Quidsi provides the Quidsi Services subject to the following terms.

By using the Quidsi Services, you agree to these Terms of Use (“Terms”). Please read them carefully.

We offer a wide range of Quidsi Services, and sometimes additional terms may apply. For instance, when you create an account for use of the Quidsi Services, your customer relationship is also governed by the Account Agreement, amended from time to time, and always accessible on the Quidsi sites. When you use other Quidsi Services, you also will be subject to the guidelines, terms and agreements applicable to that Quidsi Service.

In these Terms, “you” and “your” refer to the individuals, corporations or parties who are the members/account holders, have an interest in the account(s) and agree to this Agreement. “We,” “us,” “our,” and “Quidsi” refer to Quidsi, its employees, members, representatives, officers, directors, agents, successors and assigns.

PRIVACY
Please review our Privacy Policy, which also governs your use of Quidsi Services, to understand our practices.

LICENSE AND ACCESS
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Quidsi Services. This license does not include any commercial use of the Quidsi Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any content of the Quidsi Services; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Quidsi or its licensors, suppliers, publishers, rightsholders, or other content providers. No part of any of the Quidsi Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Quidsi. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours without express written consent. You may not use any meta tags or any other “hidden text” utilizing Quidsi's name or trademarks without our express written consent. You may use the Quidsi Services only as permitted by law. The licenses granted by Quidsi terminate if you do not comply with these Terms.

PRODUCT DESCRIPTIONS
Quidsi attempts to be as accurate as possible. However, Quidsi does not warrant that product descriptions provided with the Quidsi Services are accurate, complete, reliable, current or error-free. If a product offered by Quidsi itself is not as described, your sole remedy is to return it promptly in unused condition.

COMMUNICATIONS
The Quidsi Services may permit you to post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of your content. Quidsi reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant Quidsi and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials and/or content throughout the world in any media. You grant Quidsi and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Quidsi or its affiliates for all claims resulting from content you supply. Quidsi has the right but not the obligation to monitor and edit or remove any activity or content. Quidsi takes no responsibility and assumes no liability for any content posted by you or any third party.

Without limiting any of the foregoing, Quidsi is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Quidsi for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

LINKS
The Quidsi Services may provide a link to other services or sites. Such sites are not under the control of Quidsi, and Quidsi makes no representations or warranties whatsoever of the offerings of, any of these sites. Unless we expressly state otherwise, the fact that Quidsi has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com or BeautyBar.com so long as the link does not portray the Quidsi Services, their affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use the Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com, BeautyBar.com or Quidsi logo or other proprietary graphic or trademark as part of the link without express written permission and you may not present the link to Diapers.com, Soap.com, Wag.com, YoYo.com, Casa.com or BeautyBar.com in any way that suggests Quidsi has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.

QUIDSI SOFTWARE TERMS
In addition to these Terms and the Account Agreement, the Additional Quidsi Software Terms found on this page apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Quidsi Services (the “Quidsi Software”).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE QUIDSI SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES ARE PROVIDED BY QUIDSI ON AN “AS IS” AND “AS AVAILABLE” BASIS. QUIDSI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE QUIDSI SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE QUIDSI SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE QUIDSI SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QUIDSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUIDSI DOES NOT WARRANT THAT THE QUIDSI SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE QUIDSI SERVICES, QUIDSI’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM QUIDSI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUIDSI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY QUIDSI SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY QUIDSI SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION
You agree to indemnify and hold Quidsi and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made by any third party arising out of your violation of these Terms.

COPYRIGHTS
All content included in or made available through the Quidsi Services, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software is the property of Quidsi or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Quidsi Services is the exclusive property of Quidsi and protected by U.S. and international copyright laws.

TRADEMARKS
“1800Diapers.com”, “1800Diapers”, “Quidsi”, “Diapers.com”, “Soap.com”, “Wag.com”, “YoYo.com”, “Casa.com”, “BeautyBar.com” and other marks (including graphics, logos, page headers, button icons, scripts and service names) included in or made available through any Quidsi Service are trademarks or trade dress of Quidsi in the United States and other countries. Quidsi's trademarks and trade dress may not be used in connection with any product or service that is not Quidsi's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Quidsi or the Websites. All other trademarks not owned by Quidsi that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Quidsi.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our policies, such as our return policy, posted on this site. These policies also govern your use of the Quidsi Services. We reserve the right to make changes to our sites, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

TERMINATION
The license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Quidsi Services. You further agree that Quidsi, in its sole discretion and with or without notice, may terminate your access to any or all of the Quidsi Services, and remove and discard any information or content within the Quidsi Services. You also agree that Quidsi will not be liable to you or any third-party for any termination of your access to the Quidsi Services.

DISPUTES
Any dispute or claim relating in any way to your use of the Quidsi Services or to products or services sold or distributed by Quidsi or through any Quidsi Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and other applicable agreements as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Quidsi will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

RISK OF LOSS
All items purchased from Quidsi are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE
Quidsi does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Quidsi does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.

APPLICABLE LAW
By using the Quidsi Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Quidsi.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Quidsi's copyright agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Quidsi's Copyright Agent for notice of claims of copyright infringement on its sites can be reached as follows:
Copyright Agent
Quidsi, Inc. Legal Department
10 Exchange Place, 25th Floor
Jersey City, NJ 07302
phone: (973) 509-5444
email: [email protected]

Additional Quidsi Software Terms

1. Use of the Quidsi Software. You may use Quidsi Software solely for purposes of enabling you to use and enjoy the Quidsi Services as provided by Quidsi, and as permitted by these Terms of Use, the Account Agreement and these Software Terms. You may not incorporate any portion of the Quidsi Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Quidsi Software or otherwise assign any rights to the Quidsi Software in whole or in part. You may not use the Quidsi Software for any illegal purpose. We may cease providing any Quidsi Software and we may terminate your right to use any Quidsi Software at any time. Your rights to use the Quidsi Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms of Use, the Account Agreement or any other terms or policies. Additional third party terms contained within or distributed with certain Quidsi Software that are specifically identified in related documentation may apply to that Quidsi Software (or software incorporated with the Quidsi Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any Quidsi Service is the property of Quidsi or its software suppliers and protected by United States and international copyright laws.

2. Use of Third Party Services. When you use the Quidsi Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Quidsi Software, whether in whole or in part, or create any derivative works from or of the Quidsi Software.

4. Updates. In order to keep the Quidsi Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Quidsi Software. If you are a U.S. Government end user, we are licensing the Quidsi Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Quidsi Software are the same as the rights we grant to all others under these Terms of Use.