Terms , Conditions & Privacy Policy
Terms & Conditions
These terms and conditions (“Terms”) contain the terms governing your use of the websites owned by Mom’s Bunny Inc (collectively, “Mom’s Bunny,” “we,” “us” and “our”), including www.momsbunny,com (collectively, the “Site”).
If these Terms change, we will post updated Terms on our website at least thirty days before the effective date of the change. You can tell if these Terms have changed by checking the “updated” date that appears above. If you have provided us with your email address and have not opted out of receiving communications from us, we will also notify you of any such substantive change by sending an email at least thirty days before the effective date of the change to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding substantive changes to the Terms. If you do not agree to the new Terms, you should stop using the websites. Otherwise, the new Terms will take effect after thirty days. Each time you make a purchase on the Site or via any mobile application we offer, you will be required to agree to the then existing version of these Terms to proceed with your purchase. The Terms operative at the time of any purchase will apply to that purchase.
If you have any questions about these Terms, please contact us as described in the section entitled, “How to contact us?” below.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND MOM’S BUNNY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE “ARBITRATION AGREEMENT – LEGAL DISPUTES” SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE “ARBITRATION AGREEMENT – LEGAL DISPUTES” SECTION BELOW.
Ownership
Mom’s Bunny owns the Site. Mom’s Bunny owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the “Content”), and all HTML, CGI and other code and scripts in any format used to implement the Site (the “Code”). The Content and Code of the Site are protected by copyright. Except as set forth in these Terms, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of Mom’s Bunny. You may not use the Content or Code from the Site for any purpose other than those set forth above. Mom’s Bunny owns or has the right to use all names, logos and trademarks which appear on the Site. You may not use any of these for any purpose without the prior express written permission of Mom’s Bunny. Your failure to comply with in these Terms will constitute breach of contract and will violate Mom’s Bunny or a third party’s copyright, trademark, and other proprietary and industrial property rights.
No License
The Site is available only for your personal, non-commercial use, which shall be limited to viewing the Site, providing information to the Site, ordering products, and downloading product information for your personal review. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright, or other proprietary or industrial right of Mom’s Bunny or any third party.
Use Of Information Submitted By You
If you respond to Mom’s Bunny with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information will not be deemed confidential. All such submissions will be deemed the property of Mom’s Bunny , and your submission of information will constitute an assignment to Mom’s Bunny of all worldwide rights, titles, and interests in such information. Mom’s Bunny will not be liable for any use or disclosure of such information. Mom’s Bunny will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Mom’s Bunny will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information, without any compensation or attribution to you.
Mom’s Bunny welcomes your comments and suggestions on the Site and on Mom’s Bunny products, but it does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, manufacturing or marketing its products. By submitting information, you warrant that Mom’s Bunny may publish such information, use it as part of its operations, and incorporate its concepts in Mom’s Bunny products without liability.
Users and Accounts
To use certain online services you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (e) notify Mom’s Bunny if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Site. We do not guarantee that the Site will be accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Site or any component of them and to block or prevent future access to and use of the Site and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Site will survive such termination.
Responsible Use of the Site
You may use the Site for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you may not use the Site: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Site; or (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Mom’s Bunny in its sole discretion). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Mom’s Bunny AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE SITE IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
Provision or Suspension/Withdrawal of the Site
You understand and agree that: (a) the Site may change from time to time without notice to you and that any new feature that augments, enhances, or modifies the current Site is subject to these Terms ; (b) we may decline to provide access to the Site or stop (permanently or temporarily) providing the Site (or any feature, program or content within the Site) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the Site, your account details, or any files or other content which are contained in your account.
Mobile Access
If you use a mobile device to access the Site, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site or any related services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional provisions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using any services via a mobile device, you agree to these Terms, and to any applicable terms of a mobile app you may use.
Disclaimers
Mom’s Bunny publishes information on the Site as a convenience to its visitors. Mom’s Bunny product information is provided for informational purposes only. While Mom’s Bunny attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Mom’s Bunny products described in the Site may not be available in your region. Mom’s Bunny does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions.
Visitors assume all responsibility and risk with respect to their use of the Site. To the fullest extent permitted by applicable law, Mom’s Bunny disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. Mom’s Bunny does not warrant that the Site is free of computer viruses, bugs or other harmful components. Mom’s Bunny does not warrant that the functions contained in the material will be interrupted or error-free or that errors will be detected or corrected. Mom’s Bunny does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. Mom’s Bunny does not have any duty to update the Site or modify its Content or Code, and Mom’s Bunny shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it.
IN NO EVENT SHALL Mom’s Bunny BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
Mom’s Bunny reserves the right to withdraw access to the Site and revise the services and products described in the Site at any time without notice.
Entire Agreement/Waiver
These Terms constitute the entire agreement between you and Mom’s Bunny with respect to the use of this Site. The failure of Mom’s Bunny to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Arbitration Agreement – Legal Disputes
Initial Dispute Resolution. We are available by email to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Please see “How to contact us?” below for more information on how to reach out to us.
Terms Of Service And Binding Arbitration Agreement. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the “—Initial Dispute Resolution” section above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including its performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association on a non-confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to any claim that all or any part of these Terms are void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive, and disclaim the application of any state arbitration act.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Mom’s Bunny will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and Mom’s Bunny will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception — Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 Day Right To Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt-out to the address below under “How do I contact you?” The notice must be sent within thirty (30) days of agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the provisions of this section. If you opt-out of these arbitration provisions, Mom’s Bunny also will not be bound by them. If you do not opt out, but subsequently agree to these Terms again via a subsequent purchase or other agreement, you will have the ability to opt out again, but only for claims based on events after that subsequent agreement to the then operative version of these Terms.
Exclusive Venue For Litigation. Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Fulton County, Atlanta, Georgia (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Fulton County, Atlanta, Georgia for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Fulton County, Atlanta, Georgia for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of any court in such jurisdiction over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Site and (b) any acts or omissions of Mom’s Bunny in connection with these Terms and conditions or the Site.
How to contact us ?
For questions about our privacy policy, to make choices about receiving promotional communications, or to update your personal information you can contact us by postal mail, telephone or email as follows: customercare@momsbunny.com
PRIVACY POLICY
Our Privacy Policy
This privacy policy describes the personal information that we, Mom’s Bunny Inc., (collectively, “Mom’s Bunny,” “we,” “us” and “our”) collect about you, why we collect it, how we use it, and when we share it with third parties.
This privacy policy covers our website www.momsbunny.com (collectively, the “Site”). Our policy also describes the choices you can make about how we collect and use your information.
Our Policy
If our information practices change, we will post an updated policy on our website. In the case of any substantive changes that affect how we handle or share personally identifiable information, we will give notice of the changes by posting the amended policy on the websites at least thirty days before the effective date of the change. If you have provided us with your email address, we will also notify you of any such substantive change by sending an email at least thirty days before the effective date of the change to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding substantive changes to this privacy policy. If you do not agree to the new terms, you should stop using the websites or otherwise providing information to us. Otherwise, the new terms will take effect after thirty days.
If you have any questions about our privacy policy, please contact us as described in the section entitled, “How to contact us below.
We collect information directly from you. The following are a few examples of when we collect information from you:
We also collect information from you passively. We may use tracking tools like browser cookies, flash cookies, pixels, and web beacons. Please see “How do we use browser and mobile-based cookies and other tracking technologies?” for more information.
We also collect information about the device you use to access our websites or when you connect to our in-store Wi-Fi services, such as your computer’s or model device’s internet protocol address (“IP address”), your browser type, your operating system, media access control address (“MAC address”), received signal strength indicator (“RSSI”), and other technical information.
We may combine all of this information with information about you that we acquire from your activities in our stores, on our site, and/or information we receive from our joint marketing partners and unrelated third parties.
We collect information directly from you. The following are a few examples of when we collect information from you:
- During website or account registration
- In connection with an online purchase
- If you upload or share a photo or other digital content through one of our websites
- If you participate in a sweepstakes, contest, or promotion
- If you return a product or use a rebate
- In connection with your interactions with us as a registered user of our websites (for example, when you use the wish-list)
We also collect information from you passively. We may use tracking tools like browser cookies, flash cookies, pixels, and web beacons. Please see “How do we use browser and mobile-based cookies and other tracking technologies?” for more information.
We may use your personal information in the following ways:
- To process and fulfill your order, including to send you emails to confirm your order status and shipment
- To communicate with you and to send you information by email, postal mail, telephone, text message, or other means about our products, services, contests, and promotions, unless you have directed us not to contact you with promotional communications
- To administer and fulfill our contests and other promotions
- To help us better understand your shopping needs and preferences and provide consistent, personalized services and experiences across our brands
- To help us address problems with and improve our site design, products and services
- To allow you to connect to our in-store Wi-Fi service
- To enhance your shopping experience
- To analyze trends and statistics
- To protect the security or integrity of our websites and our business
- To contact you if necessary
You always have the choice not to receive marketing information or calls. For instructions on opting out, please see the section entitled, “How do I make choices about receiving promotional communications?” below.
All information we collect about you may be shared with our affiliates and subsidiaries.
We may also share information about you with unaffiliated third parties for purposes of providing services to us. For example, when you complete a purchase, we may share information about you and your purchase with other companies for the purpose of processing your transaction, including credit card authorization, and order processing and fulfillment. We may share your information with our other service providers who collect, manage, and analyze our customer information on our behalf and perform services on our behalf, such as sending promotions and other communications and conducting contests and surveys.
We may share information about you if necessary, in our good faith judgment, to comply with laws or regulations or in response to a valid subpoena, order, or government request, or to protect the rights of Carter’s or others.
In the unlikely event of a sale or merger of Mom’s Bunny, Inc. or any of our businesses, our customers’ personal information and other information we have collected as described in this privacy policy may be among the transferred business assets.
You can review and change certain personal information related to your use of our online sites (such as your name and contact information). To access your information at a Mom’s Bunny website, simply sign in to your account using your login and password, and you will be able to edit your personal information in your account profile.
You can also ask us to update your personal information by contacting us as described in the section entitled, “How to contact us?” below. Please note that any request to update your personal information may take up to 10 days for your email request and 6-8 weeks for your postal mail request.
We want to communicate with you only if you want to hear from us. If you prefer not to receive promotional information, such as information about special offers and sales events, from one or more of our brands, you can let us know by contacting our customer service as described in the section entitled, “How to contact us?” below or unsubscribe from the email
If contacting customer service, please be sure to include your full name and the email address you used when you registered with or made a purchase from us. If you ask us to remove your name and address from promotional lists, we will maintain your name in a “do not contact” file to ensure that we can honor your request. It may take up to 10 days to process your email request and 6-8 weeks to process your postal mail request, during which period you may continue to receive communications from us.
If you change your mind, you can start receiving promotional communications from us again by logging into your online account and changing your preferences, by signing up when you visit our website when you enter a sweepstakes or contest, or by contacting customer service.
Please note that when you make an online purchase from us, we will continue to confirm your order status and shipment by email. We may also need to contact you via telephone, email, or postal mail with questions or information regarding your order.
We are concerned about the privacy and safety of children when they use the internet. We will never knowingly request personally identifiable information online from anyone under the age of 13 without prior verifiable parental consent. Our websites are general audience sites and are not targeted to or intended for use by children. However, if we learn that we have received information from a child under the age of 13 without parental consent, we will delete that information from our database.
Our websites use cookies, pixel tags, and other tracking technologies, to help enable you to shop on our websites and may be used in a variety of ways to enhance or personalize your online browsing and shopping experience. These technologies may also be used to determine the ads you see on our sites and also on other sites. For information about targeted online advertising and your choices related to it please see the next section.
You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. If you do not accept cookies, however, you may not be able to access your account information or make purchases on our websites.
Cookies, pixel tags, and other tracking technologies help us better understand your shopping needs and preferences tell us which parts of our website you have visited and facilitate and measure the effectiveness of our advertisements, and provide consistent and personalized services and experiences.
These technologies may be used to collect “click-stream data,” which includes information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the sites and our online ads.
Pixel tags in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.
We may combine the information we collect through these technologies with other information we have collected from and about you and use it as described in this policy.
We use cookies to help determine which of our ads are shown to you on other websites. To opt out of this targeted online advertising by Mom’s Bunny that utilizes our cookies, please click here.
We also work with third-party companies that use their tracking technologies (including cookies and pixel tags) on our websites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the internet. These companies may collect information about your activity on our sites and your interaction with our advertising and other communications and use this information to determine which ads you see on third-party websites and applications. For more information about this practice and to understand your options including how to opt out of receiving these tailored advertisements, please visit http://www.aboutads.info.
Please note that even if you opt-out, these tracking technologies may still collect data and you will still see ads, but they will not be targeted based upon the information collected through these tracking technologies.
If you choose to connect to our in-store Wi-Fi services, Mom’s Bunny will receive information about you and your device, including personal information (such as your MAC address, email address, and IP address) in accordance with the terms of use that covers our third-party’s Wi-Fi service, which can be found here and which may change at any time without prior notice. As such, we encourage you to review those terms whenever you connect to the service. We may receive information about your activity on our network, including what domains or applications you visit or use while connected to the Wi-Fi service. We may also use signal strength data to determine to which store infrastructure you have connected. If you do not wish us to receive this information, you should not connect to our Wi-Fi service. Information received from you through the Wi-Fi service may be combined with additional information, including personal information we collect about you when you choose to connect to our Wi-Fi service will be used to monitor and protect the security of our network, to enforce the terms or as otherwise described in this policy, including to assist in our efforts to understand your shopping needs and preferences and provide you with consistent and personalized experiences in all of our brands.
If you choose to share certain content on our websites, such as pictures, Mom’s Bunny will receive information about you and you will be bound by our “User generate content terms and conditions” section . As such, we encourage you to review these terms whenever you share content on our websites. If you do not wish us to receive this information, you should share content on our websites.
We do our best to provide you with a safe and convenient shopping experience. We have in place certain physical, electronic, contractual, and managerial safeguards to help protect the security and privacy of your personal information.
When you enter your personal information on our websites, we use encryption technology to protect your information as it is transmitted to us.
If for any reason you cannot access the secure server, or if you’re not quite comfortable shopping online at any of our websites, please feel free to place your order with us by telephone at the number listed in the section entitled, “How to contact us ?”, below.
For questions about our privacy policy, to make choices about receiving promotional communications, or to update your personal information you can contact us by email customercare@momsbunny.com
California Civil Code Section 1798.83 permits customers of Mom’s Bunny who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please email us at customercare@momsbunny.com
California Do Not Track Disclosure
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org. As described above, we deploy cookies, tracking pixels, web beacons and other technologies on our websites. We may also collect information through our in-store technologies, such as our in-store Wi-Fi service. Those tools may be used by us to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.
