Disclaimer

Disclaimer

This legal statement contains the terms and conditions governing this web site, www.carters.com (the "Site"). By using the Site, you expressly agree to abide by all the terms and conditions contained in this Legal Statement. Unless otherwise referenced herein, any reference to "Carter's" shall mean The William Carter Company.

We may offer merchandise on this Site at the same price at which it is offered in our retail stores, and our promotions may follow those that are in our retail stores. However, in some cases, the prices will be different because the Site and stores may choose to offer items at different prices or may run different promotional events at different times. For this reason, prices and promotions (e.g., promotion codes or free shipping) offered on this Site may not always apply in stores, and store prices and promotions (e.g., coupons or additional discounts) may not always apply on this Site, unless otherwise stated.

Price comparisons are made to the Manufacturer’s Suggested Retail Price ("MSRP"). MSRP is an estimate of the price at or above which these items have been offered or sold by retailers in the trade area, which may not include Carter’s and OshKosh B’gosh. Actual sales may not have been made at MSRP in all trade areas, and the MSRP price may not represent the average or prevailing market price at any particular time. Given the national scale of our offerings, our products may not be sold at MSRP in all locations. Because the MSRP may vary from retail prices in your area, you may want to make a comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase. Percentage reductions are off of MSRP, except where noted.

The Site is available only for your personal, non-commercial use, which shall be limited to viewing the Site, providing information to the Site and downloading product information for your personal review.

Ownership

Carter's owns the Site. Carter's owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Site (the "Code"). The Content and Code of the Site are protected by copyright. Except as set forth above, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of Carter's. You may not use the Content or Code from the Site for any purpose other than those set forth above. Carter's owns or has the right to use all names, logos and trademarks which appear on the Site. You may not use any of these for any purpose without the prior express written permission of Carter's. Your failure to comply with this Legal Statement will constitute breach of contract and will violate Carter's or a third party's copyright, trademark and other proprietary and industrial property rights.

No License

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Carter's or any third party.

Use Of Information Submitted By You

If you respond to Carter's with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of Carter's, and your submission of information shall constitute an assignment to Carter's of all worldwide rights, titles and interests in such information. Carter's will not be liable for any use or disclosure of such information. Carter's will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Carter's will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

Carter's welcomes your comments and suggestions on the Site and on Carter's products, but it does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, manufacturing or marketing its products. By submitting information, you warrant that Carter's may publish such information, use it as part of its operations, and incorporate its concepts in Carter's products without liability.

Disclaimers

Carter's publishes information on the Site as a convenience to its visitors. Carter's product information is provided for informational purposes only. While Carter's attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Carter's products described in the Site may not be available in your region. Carter's does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions.

Visitors assume all responsibility and risk with respect to their use of the Site. Carter's disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. Carter's does not warrant that the Site is free of computer viruses, bugs or other harmful components. Carter's does not warrant that the functions contained in the material will be interrupted or error-free or that errors will be detected or corrected. Carter's does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. Carter's does not have any duty to update the Site or modify its Content or Code, and Carter's shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it.

IN NO EVENT SHALL CARTER'S BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.

Carter's reserves the right to withdraw access to the Site and revise the services and products described in the Site at any time without notice.

We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit sales that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

Carter's may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions which apply to your use of the Site.

The invalidity of any term, condition or provision of this Legal Statement shall not affect the enforceability of those portions of the Legal Statement deemed enforceable by applicable courts of law.

Patent Notice – Certain portions of the company’s websites may be licensed under U.S. Patent No. 5,930,474