Terms and Conditions
Add Creations, LLC, an Illinois limited liability company (“Add Creations”), d/b/a PognaeUSA, and/or its affiliates (collectively, or individually, as Add Creations may determine in its sole discretion, "Site Owner") provides website features and services to you subject to all of the following conditions. If you visit or shop at pognaeusa.com, you accept the following terms and conditions (as the same may be amended or revised at Site Owner's sole discretion, referred to herein and throughout the pognaeusa.com website, as the "Terms and Conditions"). Please read them carefully. In addition, when you use any current or future service, feature or other transaction with Site Owner you also will be subject to the guidelines, terms and agreements (the "Terms") applicable to such service, feature or transaction. If these Terms and Conditions are inconsistent with such Terms, the Terms will control.
When you visit pognaeusa.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you 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.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of Site Owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Site Owner and protected by U.S. and international copyright laws.
PognaeUSA and pognaeusa.com and other pognaeusa.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Site Owner in the U.S. and/or other countries, as applicable. Site Owner’s trademarks and trade dress may not be used in connection with any product or service that is not Site Owner's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Site Owner. All other trademarks not owned by Site Owner that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Site Owner.
LICENSE AND SITE ACCESS
Site Owner grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Site Owner. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Site Owner. 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 Site Owner without express written consent. You may not use any meta tags or any other "hidden text" utilizing Site Owner's name or trademarks without the express written consent of Site Owner. Any unauthorized use terminates the permission or license granted by Site Owner. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of pognaeusa.com so long as the link does not portray Site Owner, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Site Owner logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password (if applicable) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Site Owner 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 pognaeusa.com only with involvement of a parent or guardian. Site Owner reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from Site Owner 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.
Site Owner attempts to be as accurate as possible. However, Site Owner does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Site Owner itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING, BUT NOT LIMITED TO, BABY PRODUCTS) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SITE OWNER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING, BUT NOT LIMITED TO, BABY PRODUCTS) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SITE OWNER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE OWNER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING, BUT NOT LIMITED TO, BABY PRODUCTS) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM SITE OWNER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SITE OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING, BUT NOT LIMITED TO, BABY PRODUCTS) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ANY OF THE CONDITIONS, TERMS OR PROVISIONS CONTAINED IN THESE TERMS AND CONDITIONS SHALL BE INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT, THE VALIDITY OF THE REMAINING CONDITIONS, TERMS, AND PROVISIONS CONTAINED HEREIN SHALL NOT BE IN ANY WAY AFFECTED, PREJUDICED OR DISTURBED THEREBY.
By visiting pognaeusa.com, you agree that the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Site Owner.
Any dispute relating in any way to your visit to pognaeusa.com or to products or services sold or distributed by Site Owner or through pognaeusa.com shall be adjudicated in any state or federal court in Cook County, Illinois, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our return, shipping and privacy policies, posted on this site. These policies also govern your visit to pognaeusa.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions 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.