Terms & Conditions
Last updated: September 27, 2019 at 04:33PM
Welcome to HeyBrainyKids.com, a marketing website for Ben Bright Defenders LLC. Hey Brainy Kids.com is a marketplace connecting buyers and sellers. Hey Brainy Kids and/or its affiliates (“Hey Brainy Kids”) provide website features and other products and services to you when you visit or shop at HeyBrainyKids.com, use Hey Brainy Kids products or services, use Hey Brainy Kids applications for mobile, or use software provided by Hey Brainy Kids in connection with any of the foregoing (collectively, “Hey Brainy Kids Services”). Hey Brainy Kids provides the Hey Brainy Kids Services subject to the following conditions.
By using Hey Brainy Kids Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Hey Brainy Kids Services, and sometimes additional terms may apply. When you use an Hey Brainy Kids Service (for example, Your Profile, Gift Cards, Hey Brainy Kids Video, Your Media Library, Hey Brainy Kids devices, or Hey Brainy Kids applications) you also will be subject to the guidelines, terms and agreements applicable to that Hey Brainy Kids Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Hey Brainy Kids Services, to understand our practices.
When you use Hey Brainy Kids Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Hey Brainy Kids Services, such as our Message Center, and you can retain copies of these communications for your records. 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.
All content included in or made available through any Hey Brainy Kids Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Hey Brainy Kids or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Hey Brainy Kids Service is the exclusive property of Hey Brainy Kids and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of Hey Brainy Kids trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Hey Brainy Kids Service are trademarks or trade dress of Hey Brainy Kids in the U.S. and other countries. Hey Brainy Kids’s trademarks and trade dress may not be used in connection with any product or service that is not Hey Brainy Kids’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hey Brainy Kids. All other trademarks not owned by Hey Brainy Kids that appear in any Hey Brainy Kids Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hey Brainy Kids.
One or more patents owned by Hey Brainy Kids apply to the Hey Brainy Kids Services and to the features and services accessible via the Hey Brainy Kids Services. Portions of the Hey Brainy Kids Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Hey Brainy Kids patents and applicable licensed patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Hey Brainy Kids or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Hey Brainy Kids Services. This license does not include any resale or commercial use of any Hey Brainy Kids Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Hey Brainy Kids Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Hey Brainy Kids or its licensors, suppliers, publishers, rightsholders, or other content providers. No Hey Brainy Kids Service, nor any part of any Hey Brainy Kids Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hey Brainy Kids. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hey Brainy Kids without express written consent. You may not use any meta tags or any other “hidden text” utilizing Hey Brainy Kids’s name or trademarks without the express written consent of Hey Brainy Kids. You may not misuse the Hey Brainy Kids Services. You may use the Hey Brainy Kids Services only as permitted by law. The licenses granted by Hey Brainy Kids terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Hey Brainy Kids account to use certain Hey Brainy Kids Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Hey Brainy Kids does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Hey Brainy Kids Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Hey Brainy Kids Household. Alcohol listings on Hey Brainy Kids are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Hey Brainy Kids reserves the right to refuse service, terminate accounts, terminate your rights to use Hey Brainy Kids Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Hey Brainy Kids reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Hey Brainy Kids a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hey Brainy Kids and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hey Brainy Kids for all claims resulting from content you supply. Hey Brainy Kids has the right but not the obligation to monitor and edit or remove any activity or content. Hey Brainy Kids takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Hey Brainy Kids respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from Hey Brainy Kids are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Hey Brainy Kids does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Hey Brainy Kids does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .
Hey Brainy Kids attempts to be as accurate as possible. However, Hey Brainy Kids does not warrant that product descriptions or other content of any Hey Brainy Kids Service is accurate, complete, reliable, current, or error-free. If a product offered by Hey Brainy Kids itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Hey Brainy Kids and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Hey Brainy Kids.
With respect to items sold by Hey Brainy Kids, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Hey Brainy Kids is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by Hey Brainy Kids, such as the HeyBrainyKids.com, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here .
SANCTIONS AND EXPORT POLICY
You may not use any Hey Brainy Kids Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Hey Brainy Kids Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Hey Brainy Kids Software), technology, and services.
Parties other than Hey Brainy Kids operate stores, provide services or software, or sell product lines through the Hey Brainy Kids Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Hey Brainy Kids. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Hey Brainy Kids does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE HEY BRAINY KIDS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEY BRAINY KIDS SERVICES ARE PROVIDED BY HEY BRAINY KIDS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HEY BRAINY KIDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HEY BRAINY KIDS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEY BRAINY KIDS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HEY BRAINY KIDS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, HEY BRAINY KIDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEY BRAINY KIDS DOES NOT WARRANT THAT THE HEY BRAINY KIDS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEY BRAINY KIDS SERVICES, HEY BRAINY KIDS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HEY BRAINY KIDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, HEY BRAINY KIDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HEY BRAINY KIDS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HEY BRAINY KIDS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Hey Brainy Kids Service, or to any products or services sold or distributed by Hey Brainy Kids or through Hey Brainy Kids.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Hey Brainy Kids will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Hey Brainy Kids Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hey Brainy Kids.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Hey Brainy Kids Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
https://www.Hey Brainy Kids.com
ADDITIONAL HEY BRAINY KIDS SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Hey Brainy Kids Services (the “Hey Brainy Kids Software”).
Use of the Hey Brainy Kids Software. You may use Hey Brainy Kids Software solely for purposes of enabling you to use the Hey Brainy Kids Services as provided by Hey Brainy Kids, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Hey Brainy Kids Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Hey Brainy Kids Software in whole or in part. All software used in any Hey Brainy Kids Service is the property of Hey Brainy Kids or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Hey Brainy Kids Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Hey Brainy Kids Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the Hey Brainy Kids Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Hey Brainy Kids Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other Hey Brainy Kids or third-party terms applicable to any portion of Hey Brainy Kids Software, such as open-source license terms, such other terms will control as to that portion of the Hey Brainy Kids Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Hey Brainy Kids accepts service of subpoenas or other legal process only through Hey Brainy Kids’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Hey Brainy Kids devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent:
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.