1. Use of the Site
You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Wal-Mart immediately. Your account may also be restricted or terminated for any reason, at Wal-Mart’s sole discretion. Wal-Mart may also change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time without notice. Wal-Mart and Wal-Mart’s affiliates have no liability to you for content on the Site that you find offensive, indecent, or objectionable.
Wal-Mart may sell products for children’s use on the Site; however, these products are intended for selling to adults. If you are under the age of eighteen (18), you may use this Site only with involvement of a parent or guardian. Individuals may use the Site to create gift or wish lists for individuals, including children under the age of thirteen (13) by making product selections for the child; additional personally identifiable information about the child should not be provided to Wal-Mart.
You are prohibited from (a) violating or attempting to violate the security of the Site; (b) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; or (c) using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Wal-Mart (or other third party web browsers) to navigate or search the Site.
2. Subscription; Billing; Services; Purchases; Acceptance
You may have the option to purchase a subscription account to the Baby Box Program on the Site. By purchasing a subscription or otherwise participating in the Baby Box Program, you acknowledge and agree to pay, via the payment options provided on the Site, an initial subscription fee upon your registration with the Site. Thereafter, you agree to pay a recurring payment for each subscription period (once per month or once per quarter (i.e., every three (3) months), as applicable). If you choose to subscribe to the Site or otherwise participate in the Baby Box Program, you will continue to receive a box approximately once each subscription period until you cancel your subscription pursuant to the terms of this Agreement. Your subscription will automatically renew for successive subscription periods, at the then-current subscription rate. You accept responsibility for all recurring charges prior to your cancellation of your subscription.
To cancel your subscription at any time, you must submit a cancellation request through your subscription account page on the Site. As relates to your subscription, credit or debit cards are generally billed at the beginning of the applicable billing month. Boxes are generally shipped out to you by the end of the month in which your card is charged. If your credit or debit card cannot be charged for any reason, you will not receive the box for that subscription period. You cannot select specific products for your box. Wal-Mart may, in its sole discretion, change the number and/or types of items offered in any box and/or the price of any box. If you do not agree with any changes made to your box or are not satisfied with the products selected, your sole remedy is to cancel or terminate your subscription account, as applicable.
You represent that all billing information you provide to Wal-Mart is truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order and subscription account cancellation. Prior to accepting an order, Wal-Mart may also request additional information from you. Wal-Mart reserves the right to refuse or cancel an order (including any box) for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by Wal-Mart’s credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, Wal-Mart will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Wal-Mart will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Wal-Mart may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period of time. Your card issuer determines the length of time the pre-authorization is held. Wal-Mart does this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
Wal-Mart reserves the right to limit the quantity of subscriptions and items purchased per person, per household or per order for any reason. These restrictions may apply to subscriptions or orders placed by the same subscription account, the same credit or debit card, and also to orders that use the same billing and/or shipping address. Wal-Mart will notify you should such limits be applied. Wal-Mart also reserves the right, in its sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Wal-Mart for the purpose of engaging in a commercial sale of that same product(s) with a third party.
3. Shipping; Delivery; Risk of Loss
Any merchandise or products purchased from the Site (including any box which will be shipped to you as part of your subscription to the Site) will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon Wal-Mart’s delivery of the merchandise or products to the carrier.
Delivery of items from the Site to addresses outside the United States is limited. Some items also have restricted delivery within the United States. Delivery times for all boxes Wal-Mart ships to you as part of your subscription are determined at Wal-Mart’s sole discretion based on Wal-Mart’s chosen method of shipping and the destination of the box. Delivery times for all other products are determined based on the method of shipping chosen when items are purchased and the destination of the items.
4. Product and Pricing Information; Quantities; Disclaimer
Wal-Mart works to make sure the information available on the Site is complete and reliable. Certain information may contain product errors or typographical errors, which Wal-Mart can correct without liability. Wal-Mart does not guarantee that all products described on the Site will be available.
Pricing errors may occur on the Site. Wal-Mart reserves the right to cancel any orders, whether arising out of your subscription or otherwise, containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Wal-Mart. Wal-Mart may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Site or from prices available in Wal-Mart stores, Walmart.com, any other Wal-Mart affiliated site or on Wal-Mart mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).
It is important to note the following: (a) Wal-Mart’s physical stores do not honor Internet prices or competitor advertisements from outside of a physical store’s local trade territory; and (b) Wal-Mart’s e-commerce site, Walmart.com, is not directly affiliated with this subscription program but, in any event, does not price match with any other online or offline retailer.
THIS SITE IS PROVIDED BY WAL-MART ON AN “AS IS” AND “AS AVAILABLE” BASIS. WAL-MART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR IN ANY BOX SHIPPED TO YOU PURSUANT TO YOUR SUBSCRIPTION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WAL-MART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WAL-MART DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
5. Information Provided on the Site; Third Party Sites; Colors
A. Wal-Mart and our customers may post a variety of material on the Site including without limitation, merchandise information, product descriptions, reviews, comments, health and prescription information, and In Store Now information (collectively, “Materials”). The Materials that appear on the Site are for educational and informational purposes only. Despite Wal-Mart’s efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Site, you should confirm any facts that are important to your decision. Wal-Mart and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Site. Wal-Mart is not responsible for, and cannot guarantee the performance of, goods and services provided by Wal-Mart’s advertisers or others to whose sites which Wal-Mart provides a link. Product information contained on the Site may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).
No health, wellness, prescription or pharmaceutical information is intended to substitute for the diagnosis, treatment and advice of a medical professional and this information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any drug is safe for you. Consult the product information (including package inserts) regarding dosage, precautions, warnings, and interactions and your medical professional for guidance before using any prescription or over the counter drug.
WAL-MART, ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON THE SITE.
B. References on the Site to any names, marks, products, services of third parties or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Wal-Mart is not responsible for the content of any linked site or any link contained in a linked site. Your use of a third-party site linked from the Site is at your own risk and will be governed by such third party's terms and policies.
C. Wal-Mart has made significant efforts to accurately display the colors of products that appear on the Site. However, as the actual colors you see will depend on your monitor, Wal-Mart cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.
7. Content Submission
Wal-Mart may allow users to submit and share comments, feedback, submissions, suggestions, questions, reviews and other content through the Site (“Content”). Content should be written in English.
By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least eighteen (18) years of age, or, if you are under the age of eighteen (18), you are at least thirteen (13) years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
A. License Grant for Submitted Content
If you make any submission to the Site, you automatically grant, or warrant that the owner of such content has expressly granted Wal-Mart, a royalty-free, perpetual, irrevocable, worldwide, unlimited and nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content material in any media or medium, or any form, format or forum now known or hereafter developed. Wal-Mart may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. Wal-Mart is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant Wal-Mart the right to use the name that you submit in connection with any Content.
B. Prohibited Content
You represent and warrant that you will not submit the following Content:
- Content that is false, inaccurate, or misleading;
- Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
- Content that violates any local, state, federal, or international laws;
- Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
- Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Wal-Mart in its sole discretion;
- Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Wal-Mart;
- Chain letters or pyramid schemes;
- Content that impersonates another business, person or entity, including Wal-Mart, its related entities, employees and agents;
- Content that contains viruses or other harmful computer code;
- Content that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Content that you were compensated or granted any compensation by any third party unless otherwise authorized by Wal-Mart in writing; or
- Content that violates any policy posted on the Site, or interferes with the use of the Site by others.
Although Wal-Mart cannot monitor all Content, you understand that Wal-Mart shall have the right, but not the obligation, to monitor the Content of the Site to determine compliance with this Agreement and any other operating rules that may be established by Wal-Mart from time to time. Wal-Mart shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted to, or posted on, the Site for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right, you are solely responsible for any Content you submit and you agree to indemnify Wal-Mart and its affiliates for all claims resulting from any Content you submit.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by Wal-Mart, one of their affiliates or by third parties who have licensed their materials to Wal-Mart and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Site or any related software. All software used on the Site is the property of Wal-Mart or their respective suppliers and protected by U.S. and international copyright laws. The IP and software on the Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Site is the exclusive property of Wal-Mart and is also protected by U.S. and international copyright laws.
Wal-Mart, Walmart.com and the Wal-Mart names and logos, and all other graphics, logos, page headers, button icons, scripts and service names included in or made available through any of the Site are trademarks or trade dress of Wal-Mart in the U.S. and other countries. All other marks are the property of their respective companies.
This Agreement is effective unless and until terminated by either you or Wal-Mart. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. Wal-Mart also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Wal-Mart’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Wal-Mart, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under this Agreement or otherwise. Any sections of this Agreement that by their nature should survive termination will survive any termination or expiration of this Agreement.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WAL-MART OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WAL-MART HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL WAL-MART BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
12. Export Policy
You acknowledge that some goods licensed or sold on the Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and you agree to comply with all applicable laws. By making a purchase, or by downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no Wal-Mart materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.
13. Governing Law
This Agreement shall be governed by and construed under Arkansas law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Site must be brought in the state or federal courts of Arkansas and you consent to the exclusive personal jurisdiction of such courts.
14. Procedure for Making a Claim of Copyright Infringement
Wal-Mart respects the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please see Wal-Mart’s DMCA Procedure for instructions on how to contact us to report possible copyright infringement.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Wal-Mart to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Wal-Mart's rights with respect to such breach or any subsequent breaches.
Updated: July 30, 2014