Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE.  By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below.  If you do not agree to these terms of use, please do not use this website.  Cosco can revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms.  Please check these terms of use periodically for changes.

This website is owned and operated by Cosco Home & Office Products and its affiliates (collectively "Cosco," "we," or "us"). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.

Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, modification, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of Cosco and any copyright owner from whom we have obtained a license. Requests for such permission should be made to the contact specified below. Your right to use and access this site does not include any commercial collection or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted herein are reserved.  Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use.

CONTENTS AND HYPERLINKS

This website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk.  Cosco has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.  Cosco does not allow the unauthorized use of its logos, trademarks, or other graphics to create links to this site.

USER CONTENT

Cosco is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except through the specific mechanisms set up on this site to receive such ideas.  Except as otherwise explicitly provided on this site, (1) anything you disclose or offer to us by or through this website ("Disclosures"), including e-mails or submissions to Cosco or postings on interactive portions of this website, shall be deemed and shall remain the property of Cosco; (2) any such Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret; (3) Cosco is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information; and (4) you hereby RELEASE Cosco from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure.  

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT

Cosco does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in chat rooms, bulletin boards or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.  If you have concerns or complaints about any of the content shown on this site, you may notify us using the contact points below.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
(1)  You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
(2)  You will not upload viruses or harmful components.
(3)  You will not use the website to further any illegal purpose or to violate the rights of any party.
(4)  You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
Cosco will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims.

ELECTRONIC COMMUNICATIONS

When you visit our website or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with registered users by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

NO REPRESENTATIONS OR WARRANTIES

Cosco makes no representations or warranties that this website is free of defects, viruses or other harmful components.  We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Cosco's computer systems.  YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

The pages on this website may contain technical inaccuracies, outdated information and typographical errors.  To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS."  COMPANY DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE.  WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION FOR ACCOUNT

Registered users are responsible for maintaining the confidentiality of their password and account, and for all activities that occur under their account.  You agree to indemnify, defend and hold Cosco  harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of these terms of use or from your account.  You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent.  We reserve the right, at our expense, to assume the defense and control of any matter subject to indemnification by you.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COSCO BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL DJG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

JURISDICTION AND CHOICE OF LAW

Cosco controls and manages this website from its facilities in the state of Indiana. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America.  Information published on this website may contain references to products, programs and services that are not announced or available in your country or region.  We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law.  You and Cosco irrevocably consent to the exclusive jurisdiction of the courts located in Columbus, Indiana in connection with any action arising out of or related to these terms of use or their subject matter.  You and Cosco waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

TRADEMARKS AND COPYRIGHTS

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Cosco or any third party, whether by estoppel, implication, or otherwise.  All brands and names are the property of their respective owners.

Samsonite is a trademark of Samsonite® Corporation.  Cosco registered trademarks are registered in the United States of America (and other applicable jurisdictions).  The following is a partial list of the trademarks of Cosco®: Cosco®, Safety 1st, Adepta, World’s Greatest®, and Planx.

SECURITIES AND INVESTMENT

This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

Certain information on this website is forward-looking and is subject to important risks and uncertainties. The results or events predicted in this information may differ materially from actual results or events. Factors which could cause results or events to differ from current expectations include, among other things: the impact of price and product competition; the dependence on new product development; the impact of technological and market change; the ability of Cosco and its affiliates to integrate acquired businesses in an effective manner; general industry and market conditions and growth rates; and international growth and global economic conditions, including interest rate and currency exchange rate fluctuations. For additional information with respect to these and other factors, investors should consult the documents filed by Cosco and its parent Dorel Industries Inc. (“Dorel”) with Canadian and U.S. securities regulators. Cosco and Dorel disclaim any intention or obligation to update or revise any forward-looking information, whether as a result of new information, future events or otherwise.

SEVERABILITY

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any representations concerning privacy, Cosco reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.  Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

GENERAL

These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited.  Cosco reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Cosco may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or Cosco.  In the event of a conflict between such terms and these terms of use, such specific terms shall control.

Unless otherwise indicated, all material on this site © Copyright 2007 Dorel Juvenile Group, Inc.
All rights reserved.

CONTACT INFORMATION:
Dorel Juvenile Group
Attn: Interactive Marketing Manager
25 Forbes Boulevard, Suite 4
Foxboro, MA 02035
Phone: 508.216.1950
Fax: 508.216.1814
[adm@DJG.com]


PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
Notification must be submitted to the following Designated Agent:

Service Provider(s):
Dorel Juvenile Group, Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement:
Interactive Marketing Manager

Full Address of Designated Agent to Which Notification Should Be Sent:
Dorel Juvenile Group
Attn: Interactive Marketing Manager
25 Forbes Boulevard, Suite 4
Foxboro, MA 02035

Telephone Number of Designated Agent: 508.216.1950

Facsimile Number of Designated Agent: 508.216.1814

Email Address of Designated Agent: photos@djgusa.com

To be effective, the notification must be a written communication that includes the following:
1.     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.     Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3.     Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4.     Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5.     A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6.     A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Click here to send an email to our Designated Agent – please provide the notice information mentioned above.
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