COURTESY OF CARTER

TERMS OF SERVICE

Last Updated August 26, 2024

Please review these Terms of Service carefully.

IMPORTANT: THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND COURTESY OF CARTER ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Introduction

Welcome to the website COURTESY OF CARTER and applications provided by Courtesy of Carter. These Terms of Service govern your access to and use of all Courtesy of Carter Sites among other things. By using the Courtesy of Carter Sites, you affirm that you are of legal age to enter into these Terms of Service, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Service and your parent or guardian consents to these Terms of Service on your behalf. If you violate or do not agree to these Terms of Service, then your access to and use of the Courtesy of Carter Sites is unauthorized. Additional terms and conditions apply to some services offered on the Courtesy of Carter Sites or through other channels. Those terms and conditions can be found where the relevant service is offered on the Courtesy of Carter Sites or otherwise and are incorporated into these Terms of Service by reference.

DEFINED TERMS:

In these Terms of Service:

• When we say “Courtesy of Carter,” we mean Courtesy of Carter (including any subsidiaries that Courtesy of Carter Inc. may form or acquire in the future), and their affiliates, directors, officers, employees and agents. We also refer to Courtesy of Carter as “we,” “us” and “our.” But when we say “Courtesy of Carter Entities,” we mean Courtesy of Carter; its suppliers, vendors, contractors, and licensors.
• When we say “Courtesy of Carter Sites,” we mean www.Courtesy of Carter.com, the Courtesy of Carter Apps, and all related functionality, (including but not limited to Chatbots and other Generative AI Features, defined in Section 16.J), services, and Content offered by or for Courtesy of Carter on or through www.Courtesy of Carter.com and the Courtesy of Carter Apps or the systems, servers, and networks used to make the Courtesy of Carter Sites available.
• When we say “Courtesy of Carter Apps,” we mean the official “Courtesy of Carter App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.
• When we say “you” or “your” we mean any user of any Courtesy of Carter Site and any person who has notice of these Terms of Service.
• When we say “Terms of Service,” we mean these Terms of Service and all other terms and policies posted by Courtesy of Carter on the Courtesy of Carter Sites (and any updates by Courtesy of Carter to these Terms of Service and those terms and policies).
• A few other key terms used in these Terms of Service:
  • When we say “Chatbot,” we mean an application feature or interface by which you are able to engage in voice or text communications that are intended to mimic human interactions and conversations, including through the use of Generative AI and third-party large language models.
  • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, written and other materials and Inputs (as defined in Section 16.J).
  • When we say “Generative AI,” we mean artificial intelligence, including large language models made by us or third parties, capable of generating new text, images, or other media.
  • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Courtesy of Carter Sites.
  • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Courtesy of Carter Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Courtesy of Carter Sites through the tools offered by such social media platforms).
  • When we say “Materials,” we mean Content that Courtesy of Carter Entities make available on or through the Courtesy of Carter Sites, including information and Outputs (as defined in Section 16.J).

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: 

While there are important points throughout these Terms of Service, please note the warranty disclaimers and limitations on Courtesy of Carter’s liability explained in Sections 17 and 18, respectively.

UPDATES: 

We may update these Terms of Service from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Service through the Courtesy of Carter Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Service incorporating such changes or otherwise notified you of such changes. You agree that it your responsibility to regularly check Courtesy of Carter.com for any updated Terms of Service. In addition, by continuing to use or access any of the Courtesy of Carter Sites or otherwise engaging with Courtesy of Carter after we post any changes, you accept the updated Terms of Service. The “Last Updated” legend above indicates when these Terms of Service were last changed.

Your Use of the Courtesy of Carter Sites

You certify that the Content you provide on or through the Courtesy of Carter Sites is accurate and that the information you provide on or through the Courtesy of Carter Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Courtesy of Carter is not responsible for any losses arising out of the unauthorized use of your account. You agree that Courtesy of Carter does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Courtesy of Carter Sites. You agree that Courtesy of Carter is not a party to any such agreement, nor is Courtesy of Carter responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Courtesy of Carter Sites or any portion of the Courtesy of Carter Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Courtesy of Carter Sites or any portion of the Courtesy of Carter Sites.

• In connection with the Courtesy of Carter Sites, you will not:
  • Make available any Content through or in connection with the Courtesy of Carter Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
  • Make available through or in connection with the Courtesy of Carter Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Use the Courtesy of Carter Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the Courtesy of Carter Sites.
  • Interfere with or disrupt the operation of the Courtesy of Carter Sites or the systems, servers, or networks used to make the Courtesy of Carter Sites available, including by hacking or defacing any portion of the Courtesy of Carter Sites; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Courtesy of Carter Sites.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Courtesy of Carter Sites except as expressly authorized in these Terms of Service, without Courtesy of Carter’s express prior written consent.
  • Reverse engineer, decompile, or disassemble any portion of the Courtesy of Carter Sites, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark, or other proprietary rights notice from the Courtesy of Carter Sites.
  • Frame or mirror any portion of the Courtesy of Carter Sites, or otherwise incorporate any portion of the Courtesy of Carter Sites into any product or service, unless you obtain Courtesy of Carter’s express prior written consent to do so.
  • Systematically download and store any Materials.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Courtesy of Carter Sites, without Courtesy of Carter’s express prior written consent.
  • Cause injury to any person or entity.
  • Violate any law, rule, or regulation, or these Terms of Service.
• You will not use the Courtesy of Carter Sites or Courtesy of Carter’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Courtesy of Carter trademark, logo, URL, or product name without Courtesy of Carter’s written consent;
• You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Service.

Content and Ideas

Submitting Content and Ideas

Courtesy of Carter provides functionality that enables users to make available Content and Ideas in connection with their use of the Courtesy of Carter Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Courtesy of Carter Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Service, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Service. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

Courtesy of Carter’s Rights to Use Content and Ideas

You grant to Courtesy of Carter a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Courtesy of Carter is free to use any Ideas for any purpose. Courtesy of Carter may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Courtesy of Carter is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Courtesy of Carter the right to use any name associated with any Content or Idea that you make available to Courtesy of Carter, although Courtesy of Carter has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

Prohibited Content

You agree that you will not make available Content in connection with the Courtesy of Carter Sites that:

• is false, fraudulent, inaccurate, or misleading;
• contains your full name(s), or any other confidential personally identifiable information of yourself or others;
• violates any local, state, federal, or international laws or is otherwise tortious;
• is protected by or would infringe on the rights of others (including Courtesy of Carter), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
• is obscene, indecent, pornographic, or otherwise objectionable;
• is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Courtesy of Carter in its sole discretion;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
• is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
• contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Courtesy of Carter;
• contains or relates to chain letters or pyramid schemes;
• impersonates another business, person, or entity, including Courtesy of Carter, its related entities, employees, and agents;
• violates any policy posted on the Courtesy of Carter Sites; or
• is intended to cause harm, damage, disable, or otherwise interfere with the Courtesy of Carter Sites or our partners.

Monitoring by Courtesy of Carter

Courtesy of Carter will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Courtesy of Carter Sites, including to determine compliance with these Terms of Service and any other operating rules that may be established by Courtesy of Carter from time to time. Courtesy of Carter will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Courtesy of Carter Sites, for any reason, including violation of these Terms of Service, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Courtesy of Carter for all claims resulting from any Content you make available.

Materials Available on the Courtesy of Carter Sites

Courtesy of Carter and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Courtesy of Carter Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Courtesy of Carter Sites, we would appreciate it if you let us know by contacting us at admin@courtesyofcarter.com.

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE 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.

THE COURTESY OF CARTER ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

Merchandise

The Sites makes No available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may not be made available by us. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

Courtesy of Carter has no liability to you for content on the Courtesy of Carter Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

Courtesy of Carter is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Courtesy of Carter Entity (as defined below), our advertisers, or other third parties to whose sites we link.

 While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on the selected store’s website, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. 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), in accordance with that store’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

Third Party Sites

References on Courtesy of Carter Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Courtesy of Carter is not responsible for the content of any third-party linked site(s) or any link contained in a linked site(s), including any third-party social media or mobile app platform with which the Courtesy of Carter Sites operate or otherwise interact, nor is Courtesy of Carter responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).

Placing an Order

 Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through Courtesy of Carter.com, including on Courtesy of Carter affiliated sites and properties which you access via your Courtesy of Carter.com account credentials. Courtesy of Carter participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All shopping, delivery and billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Service and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Courtesy of Carter 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. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your list amount at the end of the checkout process, you agree to accept and pay for the Products & Services, as well as all shipping and handling charges and applicable taxes and fees. You will not be charged for most orders until the order has delivered. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

You understand and agree to a 3% fee for any and all credit card payments.

Courtesy of Carter reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Courtesy of Carter also reserves the right, at our sole discretion, to prohibit sales.

In addition to any other remedies available to it, Courtesy of Carter may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Courtesy of Carter returns policy.

Pricing Information; Availability

Courtesy of Carter cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the selected stores site or through Marketplace Retailers. The receipt of a SHOP & DELIVERY REQUEST and/or SHOP AND DELIVERY APPOINTMENT does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Courtesy of Carter reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Courtesy of Carter. Courtesy of Carter 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 Courtesy of Carter Sites or from prices available in selected stores or on the selected stores app.

Promotional Codes

Promotional codes are purely the liability and responsibility of the store who’s site you shop. Promotional Codes may be  limited in nature and may expire or be discontinued with or without notice. Promotional codes are not used by Courtesy of Carter.

Gift Cards

Courtesy of Carter does not issue or accept Gift Cards for paymentor shopping at any time

Tax Exempt Purchases

Courtesy of Carter does shop nor accept TAX EXEMPT SHOP AND DELIVER Purchase at this time.

Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Courtesy of Carter Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Delivery of Products purchased from the Courtesy of Carter Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

Export Policy

Courtesy of Carter does not ship or shop outside it’s area of service in the United States.

Intellectual Property

 The Courtesy of Carter Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights therein (collectively, the “IP”) are owned or controlled by or licensed to Courtesy of Carter, and are protected by U.S. and international trademark, copyright, and other intellectual property laws.  All other Right s and Materials are owned by the third party site used.  Courtesy of Carter is not associated, owned, or related to any of the stores sites or physical entities. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Service, and solely for so long as you are permitted by Courtesy of Carter to use the Courtesy of Carter Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms of Service, and solely for so long as you are permitted by Courtesy of Carter to use the Courtesy of Carter Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Courtesy of Carter Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Service, you must immediately cease using the Courtesy of Carter Apps and remove (that is, uninstall and delete) the Courtesy of Carter Apps from your mobile device.

No license, right, title, or interest in the Courtesy of Carter Sites or any Materials is transferred to you as a result of your use of the Courtesy of Carter Sites or your accessing, viewing, downloading, or printing of the Materials. 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 Materials or the Courtesy of Carter Sites. The Courtesy of Carter Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Courtesy of Carter Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Courtesy of Carter Sites and Materials is the exclusive property of Courtesy of Carter and is also protected by U.S. and international copyright laws.

COURTESY OF CARTER, COURTESY OF CARTER.COM 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 Courtesy of Carter Sites are trademarks or trade dress of Courtesy of Carter in the U.S. and other countries. All other marks are the property of their respective companies.

Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Courtesy of Carter Sites in a way that constitutes copyright infringement, please contact us to report possible copyright infringement at admin@courtesyofcarter.com

Privacy

You acknowledge that any personal information that you provide through the Courtesy of Carter Sites will be used by Courtesy of Carter in accordance with Courtesy of Carter’s Privacy Policy (available at http://corporate.Courtesy of Carter.com/privacy-security/Courtesy of Carter-privacy-policy), which may be updated by Courtesy of Carter from time to time. If you purchase an item on Courtesy of Carter.com sold by a Courtesy of Carter supplier, Courtesy of Carter may share certain information with that Retailer or supplier to permit the retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to Courtesy of Carter and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the Courtesy of Carter Privacy Policy for how Courtesy of Carter treats your data.

Third-Party Software & Licensing Notices

The Courtesy of Carter Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”). Your use of such Third-Party Technology is subject to these Terms of Service, as well as well the applicable terms and conditions of such third parties, which is incorporated in these Terms of Service by reference.

Terms Applicable to Special Courtesy of Carter Services

 Courtesy of Carter

Courtesy of Carter operates an online service program on the Courtesy of Carter Sites (available at https://Courtesy of Carter.com/) which enables users to place orders and paste a URL from a third party site that is not affiliated or owned by that third party. Any use of the Courtesy of Carter is subject to the following additional terms:

• By purchasing a product fromCourtesy of Carter, you acknowledge that all Courtesy of Carter orders will be shopped by Courtesy of Carter and the products are supplied by a third party (the store). The third party retailer is not Courtesy of Carter. The store (and not Courtesy of Carter) will be responsible for all packaging, product quality, product quantity, size, and availability related to your Courtesy of Carter order. Products purchased from the store of your choice can only be returned to that store in accordance with its return policy. Each store’s shipping information, return policy, customer service information, and Privacy Policy can be found on that store’s Information page. For other terms that apply to Courtesy of Carter, including important notices and disclosures, see these Terms of Servies or our website: www.courtesyofcarter.com .
• To the fullest extent provided by applicable law, Courtesy of Carter has no responsibility or liability for any store, their products, allergy listings/information, or representations.

Courtesy of Carter Payments

• There is no charge from us to use Courtesy of Carter, however,  tips for good service are accepted.
• Except as otherwise provided by law, we may block, restrict, suspend or terminate your use of Courtesy of Carter access at any time, without notice, and in our sole discretion for lack of payment or any other reason.
• Courtesy of Carter accepts many forms of payment. A 3% fee will be charged for any other form of payment but CASH.
• We reserve the right to limit the availability of payment on delivery or before goods are purchased from a store via the SHOP AND DELIVER Service from Courtesy of Carter.

BIlling

Courtesy of Carter may permit or require the use of electronic billing for purchases made by us.  Though you will have the original store receipt, an invoice is a digital copy of your Courtesy of Carter bill. Any use of the Courtesy of Carter service is subject to the following additional terms:

• Arrangements to be billed after delivery must be made in advance.
• There is no charge from us to use Courtesy of Carter Services, but your tip is appreciated for good service.
• All information provided to Courtesy of Carter by users of the Courtesy of Carter will be subject to our Privacy Policy.
• We may alter, suspend, or terminate your use of Courtesy of Carter service at any time at our discretion, without notice to you. We are not responsible for any losses associated with your inability to access the Internet and/or Courtesy of Carter. Use of the Courtesy of Carter service is subject to all applicable laws and regulations.

Courtesy of Carter Delivery

Use of Courtesy of Carter delivery is subject to the following additional terms:

Orders

• Once you have placed an order for Courtesy of Carter SHOP AND DELIVERY, we will send you a copy of your  REQUESTED SHOP AND DELIVERY. This is not an order confirmation or acceptance from us.
• All orders will deliver to door only.
• There may be a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices are exclusive of taxes. The final taxes and fees will be calculated on the day your order is shopped and delivered. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
• Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations are 24 hours in advance of the scheduled delivery. ForSHOP AND DELIVERY orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon shopping of the items.
• We may, in our discretion, provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact the Courtesy of Carter SHOP AND DELIVERY at order@courtesyofcarter.com.
• Notwithstanding the foregoing, all refunds will be subject to our discretion.
• We aim to deliver your goods within the delivery window you selected when placing your order, but do not guarantee that goods will be delivered or available on or by a certain date. Courtesy of Carter will not be liable for delivering the goods outside of the requested delivery slot or failing to deliver or make available for pickup all or any of the goods in your order.
• We can only deliver to an address you provided on your request form unless other arrangements are agreed to at our discresion.Courtesy of Carter delivery Pricing
• Pricing for Courtesy of Carter SHOP AND DELIVERY  items will be the same prices as if you shopped in the store that packs and delivers the items. If an item’s price changes between the time you place your order and the day your order is packed for delivery, we will charge you the purchase price. If you have allowed substitutions for your order, you will be charged the price for items received. Please note that due to differences in distribution, regional competition, and other factors, prices may vary between stores, and so the prices you see online may not match all stores, only the store where your order is shopped. Courtesy of Carter SHOP AND DELIVERY does not match prices from other online or physical stores other than the one where your items are picked and packed.

Chatbots and Use of Generative AI.

• The Courtesy of Carter Sites may include Chatbots and other Generative AI, and Materials on the Courtesy of Carter Sites may be generated by Generative AI (the “Generative AI Features”). The Generative AI Features are subject to the following additional terms.

• Due to the nature of Generative AI, the information, responses and recommendations generated for you and other users through Generative AI Features (collectively, the “Output”) may not be accurate, complete or up-to-date and may be misleading or contain errors and omissions, or the Generative AI Features may misunderstand the Content that you input (the “Input”) and may be responding to a different question than asked. You should review and verify the Output before making any purchases, engaging in other transactions from the Courtesy of Carter Sites, or taking any other action based on any such Output.
• Unless an associated disclosure states otherwise, the Output may be based on information available on Courtesy of Carter.com or provided by manufacturers, suppliers, or sellers of items, Courtesy of Carter service providers, customer reviews, or other publicly available information, and third-party AI models. None of these sources have been verified by Courtesy of Carter. Any views or opinions expressed in the Output do not necessarily reflect those of Courtesy of Carter and should not be attributed to Courtesy of Carter.

The Output provided by the Generative AI Features are intended for general informational purposes only. You should not use any Output provided by the Generative AI Features as the basis for making any legal, safety, health, regulatory, or similarly important decision. Users of the Generative AI Features are solely responsible for independently verifying and evaluating the Output, and for any decisions they make based on the Output. Further, you understand that due to the nature of machine learning and Generative AI, the Output from the Generative AI Features may not be unique across users, and the Generative AI Features may generate or return the same or similar Output to Courtesy of Carter or a third party, and other users may also ask similar questions and receive the same or similar responses. Outputs that are requested by and generated for other users are not considered your Content.  However, you are responsible for any Input you submit to the Generative AI Features.

• Do not share any sensitive or personal data, or any proprietary or confidential information with the Generative AI Features. Additionally, you understand and agree that Input to the Generative AI Features may not be kept confidential, and any of your Content (including but not limited to the Inputs), as well as your purchasing history from the Courtesy of Carter Sites, your use of promotions as well as personal information, may be used to further enhance and improve the Generative AI Features, the underlying model and the Courtesy of Carter Sites as well as to generate Output. Inputs will be collected, used and retained by Courtesy of Carter in order to answer questions and inquiries from you as well as other users, to help improve how the Generative AI Features operate, and for the other purposes described in Courtesy of Carter’s Privacy Policy. Though you have a right to use all Outputs generated by the Generative AI Features, the Outputs are owned by Courtesy of Carter.
• The Generative AI Features are provided on an “as is” and “as available” basis, and the Courtesy of Carter Entities do not make any representations or warranties of any kind, express or implied, in relation to merchantability, accuracy (of materials data or any other information, response, results or content) and fitness for a particular purpose. The Courtesy of Carter Entities do not warrant that the Generative AI Features will operate without interruption or be accurate, complete or error free, or that the Generative AI Features will meet your expectations, or that any Content and Materials processed or generated by the Generative AI Features will be secure, not lost, or altered.
• Courtesy of Carter Entities will not be liable for your use or inability to use the Generative AI Features, any inaccurate information generated by the Generative AI Features, or any Materials generated by the Generative AI Features or generated from the Courtesy of Carter Sites.

Disclaimer of Warranties

 THE COURTESY OF CARTER SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COURTESY OF CARTER SITES, AND/OR COURTESY OF CARTER LOCATIONS, ARE PROVIDED BY COURTESY OF CARTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO COURTESY OF CARTER ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COURTESY OF CARTER SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COURTESY OF CARTER ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COURTESY OF CARTER ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE COURTESY OF CARTER SITES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE COURTESY OF CARTER SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE COURTESY OF CARTER SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO COURTESY OF CARTER ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE COURTESY OF CARTER SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, COURTESY OF CARTER ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A COURTESY OF CARTER ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO COURTESY OF CARTER ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE COURTESY OF CARTER SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO COURTESY OF CARTER ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE COURTESY OF CARTER SITES.

Indemnification

You agree to defend (at Courtesy of Carter’s option), indemnify, and hold the Courtesy of Carter Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Courtesy of Carter Sites or any breach by you of these Terms of Service. Courtesy of Carter reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Courtesy of Carter if and as requested by Courtesy of Carter in the defense and settlement of such matter.

Disputes, Arbitration, and Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Arbitration Agreement.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COURTESY OF CARTER, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY COURTESY OF CARTER OR THE COURTESY OF CARTER ENTITIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, YOU AND COURTESY OF CARTER AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms of Service.

Class Action and Mass Action Waiver. 

YOU AND COURTESY OF CARTER AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Courtesy of Carter each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration Demands with common questions of law or fact against Courtesy of Carter within 180 days of initiating your arbitration Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in these Terms of Service. Nothing in these Terms of Service precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against Courtesy of Carter for you.

Initiating a Demand for Arbitration.

Any arbitration required by the Arbitration Agreement shall be initiated by You or Courtesy of Carter by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period. Your Demand shall be delivered to: Courtesy of Carter, 6409 Bent Tree Ct, Springfield, IL 62712. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.

Filing a Demand for Arbitration.

A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy to us sixty (60) or more days after the Demand is initiated pursuant to Section 20.3 of these Terms of Service. The arbitration will be administered by an arbitrator os Courtesy of Carter’s choice.

Conduct of Arbitration.

In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:

1. You or Courtesy of Carter may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.
2. The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.
3. The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of Courtesy of Carter shall attend all arbitrator calls, conferences, and hearings.
4. A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.
5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged for the arbitration.
6. The arbitrator will follow these Terms of Service and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.
7. You or Courtesy of Carter may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the arbitrator within 30 days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the arbitrator’s panel. If the parties are unable to agree, we shall appoint the arbitrator(s) from among those on the panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.

Applicable Law.

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of Section 20 of these Terms of Service. If the FAA is found not to apply to any portion of Section 20 of these Terms of Service, then the applicable laws of the State of Illinois shall apply without regard to choice-of-law principles.

Termination

These Terms of Service are effective unless and until terminated by either you or Courtesy of Carter. You may terminate these Terms of Service at any time, provided that you discontinue any further use of the Courtesy of Carter Sites. We also may terminate these Terms of Service at any time and may do so immediately without notice, and deny you access to the Courtesy of Carter Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Service. Upon any termination of these Terms of Service by either you or Courtesy of Carter, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Courtesy of Carter Sites, as well as all copies of such Content, whether made under these Terms of Service or otherwise. The following sections will survive any termination of these Terms of Service: “Your Use of the Courtesy of Carter Sites,” “Content and Ideas,” “Monitoring by Courtesy of Carter,” “Materials Available on the Courtesy of Carter Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with Courtesy of Carter,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

General

These Terms of Service represent the complete agreement and understanding between you and Courtesy of Carter and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Service. These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Courtesy of Carter. Headings used in these Terms of Service are for reference purposes only and in no way define or limit the scope of the section. Except as provided in Section 20 above, if any provision of these Terms of Service is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Service will remain in full force and effect. Except as provided in Section 20 above, these Terms of Service shall be interpreted and governed by the applicable laws of the State of Illinois without regard to choice-of-law principles. The failure of Courtesy of Carter to act with respect to a breach of these Terms of Service by you or others does not constitute a waiver and will not limit Courtesy of Carter’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Service without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Service without restriction. Any use of the term “including” or variations thereof in these Terms of Service shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Service) may be made via posting to the Courtesy of Carter Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Filtering

This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.

How to Contact Us

If you have any questions or comments, please contact us at https://CourtesyofCarter.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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