Terms & Conditions

Welcome to SIA Modern Design

SCHAT IMPORT AGENCIES, INC. DBA SIA Modern Design, KidCarBeds (“we” or “us“) provides this website (including applications and other online services accessible through various desktop, tablet and mobile web browsers) (collectively, “Site“) subject to your compliance with the following Terms of Use.

Terms of Use

WE ENCOURAGE YOU TO READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE as the following Terms of Use constitute an agreement between SIA Modern Design and you. We recommend that you print a copy for your records.

By using the Site you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use, or are not legally competent to agree to them, then you may not use the Site.

These Terms of Use contain provisions that govern the resolution of claims between SIA Modern Design and you. Please see the Indemnity, Disclaimer of Warranties, Limitation of Liability and Legal Disputes sections for complete details.

Privacy & Security

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Site. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Information security is important to us at SIA Modern Design. All appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users has been established. SIA Modern Design does, however, reserve the right at all times to disclose any information as SIA Modern Design deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Changes

SIA Modern Design reserves the right to change these Terms of Use, our Privacy Policy and/or the Site at any time. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Site. If we request, you agree to sign a non-electronic version of these Terms of Use.

We will notify you of any change to these Terms of Use by updating the “Last Updated” date at the top of this webpage.

Intellectual Property Rights

The Site contains valuable trademarks and service marks owned and used by SIA Modern Design, including but not limited to, SIA Modern Design and the Race Car Bed logo. Any use of the SIA Modern Design Marks without the prior written permission of SIA Modern Design is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the SIA Modern Design Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the “Site Content“), are the sole and exclusive property of SIA Modern Design.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.

SIA Modern Design uses independent product and content suppliers, distributors and other such third parties to supply various products and content advertised on the Site. All trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Site are the property of their respective owners.

Order Acceptance

Receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. SIA Modern Design reserves the right, without prior notification, to limit the order quantities on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and SIA Modern Design reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).

Links to Other Websites

The Site may contain links to third-party websites (“Other Sites“), which are not under SIA Modern Design’s control. SIA Modern Design makes no claim and accepts no responsibility regarding the quality, nature or reliability of Other Sites that are accessible by hyperlinks from the Site or that link to the Site. SIA Modern Design provides these links to you as a convenience and the inclusion of any link does not imply endorsement by SIA Modern Design of Other Site or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party site(s).

Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the Site optimized for viewing via a mobile device, if you opt in to receive SMS (text messages) from SIA Modern Design (as/when available) or using a mobile application the following additional terms and conditions (“Mobile Terms“) also apply to you. Your access to the Site via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

In addition, you agree that you are solely responsible for all message and data charges that may apply to use of your mobile device to access the Site or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, SIA Modern Design provides users of the Site with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Communications with SIA Modern Design

For all feedback, questions, comments, suggestions and and any other communications made to or with SIA Modern Design: (i) you will have no right to confidentiality in your communications and SIA Modern Design will have no obligation to protect your communications from disclosure; (ii) SIA Modern Design will be free to reproduce, use, disclose, and distribute your communications to others without limitation; and (iii) SIA Modern Design will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that may incorporate such information.

Indemnity

You agree to indemnify and hold SIA Modern Design and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Site, including any User Content you submit, post to or transmit through the Site, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.

Disclaimer of Warranties

SIA Modern Design intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Site and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, SIA MODERN DESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

Limitation of Liability

IN NO EVENT WILL SIA MODERN DESIGN OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SIA MODERN DESIGN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Site or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

Regardless of the previous paragraphs, if SIA Modern Design is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) $100.

Legal Disputes

YOU AND SIA MODERN DESIGN AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and SIA Modern Design, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “SIA Modern Design”) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes“) will be settled by binding arbitration in Guilford County, Commonwealth of High Point administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. SIA Modern Design will provide such notice by e-mail to your e-mail address on file with SIA Modern Design and you must provide such notice by e-mail to [SIA Modern Design@gmail.com].

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. SIA Modern Design and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither SIA Modern Design nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms of Use must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Termination

Your ability to access and use the Site remains in effect until terminated in accordance with these Terms of Use. You agree that SIA Modern Design, in its sole discretion, may terminate your account and your use of the Site and may remove and delete your User Content if SIA Modern Design believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. SIA Modern Design also may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice and you acknowledge and agree that SIA Modern Design may bar any further access to the Site. Further, you agree that SIA Modern Design will not be liable to you or any third-party for any termination of access to the Site.

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

Right to Access

YOU MUST BE AT LEAST AGE 13 TO USE THE SITE. By using the Site, you affirm that you are over age 13. If you are under age 13, you may not access or use the Site.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITE.

While SIA Modern Design may sell products made for children, it is SIA Modern Design’s intention to only sell such products to adults. It is the site’s policy to never collect or maintain information from children unless the disclosure of such information is done with verifiable parental or guardian consent.

Outages

SIA Modern Design periodically schedules system downtime for the Site for maintenance and other purposes. Unplanned system outages also may occur. You agree that SIA Modern Design has no responsibility and is not liable for: (a) the unavailability of any of the Site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis- or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Site, any Internet service providers or otherwise.

Jurisdictional Issues

The Site is operated by SIA Modern Design from its offices in High Point, NC. The Site is intended for users who reside in the United States of America. SIA Modern Design makes no representations or warranties that the Site or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Site outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. SIA Modern Design reserves the right to limit the availability of the Site and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Site is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

General Information

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement will be illegal or otherwise unenforceable, such provision will be severed, and the balance of the Agreement will continue in full force and effect. These Terms of Use set forth the entire Agreement between you and SIA Modern Design with respect to use of the Site and supersede any prior agreements between you and SIA Modern Design relating to such subject matter. The Terms are not assignable, transferable or sub licensable by you except with SIA Modern Design prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. SIA Modern Design’ performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of SIA Modern Design’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SIA Modern Design with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

Violations

Please report any violations of these Terms of Use to the system administrator at contact@kidcarbeds.com.

Questions

If you have questions, comments or complaints about these Terms or the Site, please contact us at:  contact@kidcarbeds.com (please put “Questions about the Site” in the subject line).

SIA Modern Design Copyright Policy

Last Updated: August 20, 2015

This Copyright Policy describes SIA Modern Design policy of prohibiting any information or materials that violate another party’s intellectual property rights from appearing on www.kidcarbeds.com, (collectively, the “Site“).

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for a copyright owner who believes that material appearing on the Internet infringes his, her or its rights under U.S. copyright law. SIA Modern Design complies with the DMCA by responding to notices and counter-notices that meet the then-current DMCA requirements. Please visit www.copyright.gov for details about current DMCA requirements.

Notification of Alleged Copyright Infringement

If you believe in good faith that material appearing on the Site infringes your copyright, you (or your agent) may send SIA Modern Design a written notification pursuant to the DMCA (a “DMCA Notice“). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be removed or that access to it be blocked. Your DMCA Notice must contain:

  1. Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
  2. Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material;
  3. Your name, address, telephone number and email address (if available);
  4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner’s behalf;
  5. A statement that you have a good faith belief that use of the material on the Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and
  6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must submit any notification of an alleged copyright infringement to SIA Modern Design Copyright Agent by email as set forth below:

Email:  SIAModernDesign@aol.com (with the subject line “SIA Modern Design DMCA Notice”)

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Site are infringing a copyright.

Counter Notification

If you believe in good faith that your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter notification letter to SIA Modern Design’ Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:

  1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
  2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or in Boston, Massachusetts if your address is outside the United States;
  3. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent;
  4. Your name, address and telephone number;
  5. A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or web location and will no longer be shown or accessible; and
  6. Your physical or electronic signature.

You may submit your counter notification to SIA Modern Design’ Copyright Agent by email as set forth below:
Email:  SIAModernDesign@aol.com (with the subject line ” SIA Modern Design’ DMCA Notice”)

Upon receipt of a counter notice, SIA Modern Design’ Copyright Agent may send a copy of it to the original complaining party informing that party that SIA Modern Design may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against SIA Modern Design, the removed content may be replaced or access to it restored by SIA Modern Design.

You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees.

Send Us Your Suggestions

Customer feedback is very important to us. We are always looking for ways to serve you better. We want you to become a lifelong shopper with SIA Modern Design.

Please email us

Contact Us

Please contact us with any questions you have. We are here to serve you. We guarantee your satisfaction. Thank you for your business.

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For media inquiries:

If you are a member of the media and have questions about the company or would like to feature us in your publication, please email us at contact@kidcarbeds.com and we will respond to your request immediately.

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