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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Terms and conditions may be changed without notice.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kaybee Montessori, LLC. The collective work includes works that are licensed to Kaybee Montessori, LLC. Copyright 2003, Kaybee Montessori, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kaybee Montessori, LLC or purchasing Kaybee Montessori, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kaybee Montessori, LLC or to purchase Kaybee Montessori, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kaybee Montessori, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.



Acceptable Image Use Policy
All proprietary images have been digitally watermarked. Use of these images are easily trackable and will result in legal action. Please contact Kaybee Montessori, LLC to use our images in your non-commercial application. Kaybee Montessori, LLC is happy to make available high-resolution images for use in publications and non-commercial activities such as teacher albums. Please contact us for image disks and our official copyright release.


Trademarks
All trademarks, service marks and trade names of Kaybee Montessori, LLC used in the site are trademarks or registered trademarks of Kaybee Montessori, LLC

Returns
Most merchandise may be returned within 30 days of receipt for a full refund. All shipping charges are non-refundable. Certain items may not be returned. These items include consumables & chemicals, software, custom print orders, custom furniture, promotional items, free items, conference discounted items, or items sold as clearance or under contract. Books and CD's may only be returned for exchange if damaged. Customer is responsible for all return freight charges and insurance. A return authorization number must be obtained before returns are made. Please call for this number. Returns without authorization will be refused or returned at your expense. Material that is determined to be nondefective may be returned to us for full refund if unopened or undamaged within 30 days. Damaged material will be charged a repair fee or refused at our discretion. Opened material may be charged a restocking fee at our discretion up to 15% if missing inventory barcode or requiring significant repackaging. We are unable to accept returns after 30 days for any reason. Please check your packages when you receive them, as we cannot accept material back, or fix any damage reported after the time has passed. This policy went into effect 8/1/2008.

Certain items may not be returned. These items include consumables & chemicals, software, custom print orders, custom furniture (including our entire whiteboard/corkboard line), promotional items, free items, conference discounted items, or items sold as clearance or under contract. Books and CD's may only be returned for exchange if damaged.

If you are purchasing materials under a bulk contract this policy may not apply to you. Please refer to your contract for details. Material held in our warehouse by your request is considered shipped under this policy and may not be returned except in case of damage.

Warranty Disclaimer
Kaybee warrants that the material and furniture you receive will be correct and undamaged. Materials & furniture are guaranteed by the manufacturer to be free of defects in material & workmanship. Kaybee or Avanti brand Montessori materials hold a 2 year limited warranty for defects. Material determined as defective will be replaced or repaired at our expense. This does not cover material found to be misused, improperly stored, intentionally damaged, or material not maintained throughout its life. Books & software have a limited 30-day warranty. Opened software cannot be returned, only exchanged. Kaybee will not replace damaged books after 30 days of receipt. Consumables & chemicals may be exchanged within 30 days if defective. They hold no further warranty. Montessori didactic products under the “Avanti” or “Kaybee” brand name are protected as regards their manufacture only. Normal wear & tear due to classroom use are not covered, nor is loss, misuse or destruction. All chairs & furniture under the “Avanti” brand name are protected under this warranty for the period of 5 years. Normal wear & tear due to classroom use are not covered, nor is loss, misuse or destruction. Non-listed materials (such as 3rd party products from other vendors) are not covered under this warranty. Please contact the individual manufacturer for details on their warranty, if any. Our warranties, all guarantees and any claims thereto becomes invalid at the time when the purchaser is in default with the fulfillment of any obligation towards us.

Two-Year Limited Warranty
Kaybee Montessori, LLC ("Kaybee") warrants only to the original purchaser of Kaybee Brand Montessori didactic materials from a Kaybee-authorized reseller or distributor that this product will be free from defects in material and workmanship under normal use and service for two years after date of purchase. Kaybee reserves the right, before having any obligation under this limited warranty, to inspect the damaged Kaybee product, and all costs of shipping the Kaybee product to Kaybee for inspection shall be borne solely by the purchaser. In order to recover under this limited warranty, Purchaser must make claim to Kaybee within 60 days of occurrence, and must present acceptable proof of original ownership (such as original receipt, Proof-Of-Purchase, or other documentation Kaybee deems acceptable) for the product. Kaybee, at its option, shall repair or replace the defective unit covered by this warranty. Please retain the dated sales receipt as evidence of the original purchaser's date of purchase. You will need it for any warranty service. This limited warranty does not cover any damage due to accident, misuse, abuse, negligence or normal and expected wear and tear. This limited warranty is non-transferable and does not apply to any purchaser who bought the product from a reseller or distributor not authorized by Kaybee, including but not limited to purchases from internet auction sites. This warranty does not affect any other legal rights you may have by operation of law. Contact Kaybee at 1-800-732-9304 for warranty service procedures.

DISCLAIMER OF WARRANTY
EXCEPT FOR THE LIMITED WARRANTY PROVIDED HEREIN, TO THE EXTENT PERMITTED BY LAW, KAYBEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT ANY IMPLIEDWARRANTIES MAY NONETHELESS EXIST BY OPERATION OF LAW, ANY SUCH WARRANTIES ARE LIMITED TO THE DURATION OF THIS WARRANTY. SOME STATES/PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAYNOT APPLY TO YOU.

LIMITATION OF LIABILITY
REPAIR OR REPLACEMENT OF THIS PRODUCT, AS PROVIDED HEREIN, IS YOUR EXCLUSIVE REMEDY. KAYBEE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, RENTAL OF REPLACEMENT EQUIPMENT, DOWNTIME, DAMAGE TO PROPERTY, AND THIRD-PARTY CLAIMS, ARISING OUT OF ANY THEORY OF RECOVERY, INCLUDING WARRANTY, CONTRACT, STATUTORY OR TORT. NOTWITHSTANDING THE TERM OF ANY LIMITED WARRANTY OR ANY WARRANTY IMPLIED BY LAW, OR IN THE EVENT THAT ANY LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL KAYBEE'S ENTIRE LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRODUCT. SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAYNOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND PROVINCE TO PROVINCE.

This site is provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kaybee Montessori, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kaybee Montessori, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Kaybee Montessori, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Credit & Collections Policy
 Kaybee Montessori, LLC may issue at its discretion a credit line for you or your school (Borrower). A personal Guarantor may be required (which means the person or persons who agreed to personally guarantee the Account, if any). The business credit of the Borrower and the personal credit of any Guarantor may be used in making credit decisions. In the event that the Account is not paid,  Kaybee Montessori, LLC may report the liability of the Borrower and, if applicable, the Guarantor and the status of the Account, to credit bureaus and others who may lawfully receive such information. The Account will be in default due to Borrower: (1) failing to pay when due any amount owed; (2) making any misrepresentations in applying for credit or breaching any obligation under their order; (3) paying by a check or similar instrument that is not honored or that Lender must return because it cannot be processed. Following a default, Borrower will owe the total outstanding balance on the Account immediately without notice or demand from Lender. Borrower and Guarantor are responsible to pay all reasonable attorney fees, court costs and other collection costs actually incurred by Lender and its agents and assigns in the collection of any amounts owed. Our warranties, all guarantees and any claims thereto becomes invalid at the time when the purchaser is in default with the fulfillment of any obligation towards us.

In the event of a declined finance account charge, you will be notified that you have 3 days to contact us before an additional finance charge is applied (currently 19.99% APR, 1.6658% periodic interest) on the total balance due. Accounts that are more than 30 days delinquent will void all warranties and will be subject to outside collections both for the cost of the entire balance remaining as well as all collection costs and court fees (if applicable). All credit accounts that are delinquent are subject to a finance charge of 19.99% APR, 1.6658% periodic interest.


Limitation of Liability
Kaybee Montessori, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kaybee Montessori, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Kaybee Montessori, LLC product is mistakenly listed at an incorrect price, Kaybee Montessori, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kaybee Montessori, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kaybee Montessori, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Low-Price Guarantee
For conference sales only Kaybee Montessori, LLC offers a Low-Price Guarantee. If you find the identical product or a directly comparable product from a recognized AMI approved manufacturer nationally advertised for less by one of our competitors, we will match 110% of the difference. Competitor shipping charge taken into account when calculating price difference. Comparable material matched at our discretion.

Nationally advertised low prices found online must be printed out completely with proof of competitor's name, item make, manufacturer model number and the offer's expiration date clearly visible. Offer only applies to Avanti Series Montessori materials manufactured by Kaybee. Does not apply to glass bead material, Masonite materials or furniture. Guarantee not valid on competitor close-outs, misprints, special buys, special promotions, liquidations, auctions, items that include free shipping, or non-advertised member discount pricing. Valid for on-site conference orders only. Limited to reasonable quantities by school size.

Coupons & Promotions
From time to time Kaybee Montessori, LLC may publish coupons or promotions, either via email or by print marketing. Coupons are valid only for use online. Unless otherwise noted, coupons cannot be used more than once, or in conjunction with other coupons. Kaybee Montessori, LLC reserves the right to substitute equivalent items in the event that a promotional item is depleted. Items received free as part of a promotion are ineligible for return or refund. Promotions listed as "while supplies last" are automatically discontinued upon the depletion of the item(s). Orders placed without coupons may not be changed to add coupons at any later date. Kaybee Montessori, LLC is not responsible for lost coupon codes from print publications and will not distribute these codes by phone. Kaybee Montessori, LLC reserves the right to cancel or hold all orders in the event that a customer is found to be abusing a coupon or promotion. If your credit card has already been charged for the purchase and your order has been shipped, Kaybee Montessori, LLC shall send you a bill reflecting the amount you fradulently claimed.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kaybee Montessori, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Kaybee Montessori, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kaybee Montessori, LLC.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Kaybee Montessori, LLC products) shall be in the state or federal courts located in Monroe County, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Kaybee Montessori, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Kaybee Montessori, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kaybee Montessori, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you. Kaybee Montessori, LLC reserves the right to refuse business from any person or entity at any time for any reason Kaybee Montessori, LLC deems sufficient.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kaybee Montessori, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Kaybee Montessori, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Kaybee Montessori, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kaybee Montessori, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kaybee Montessori, LLC in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Kaybee Montessori, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Kaybee Montessori, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Kaybee Montessori, LLC, Kaybee Montessori, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kaybee Montessori, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kaybee Montessori, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).