BurlingtonCoatFactory.com

Welcome to BurlingtonCoatFactory.com. Burlington Coat Factory Direct Corporation, a subsidiary of Burlington Coat Factory Warehouse Corporation (the "Company"), provides BurlingtonCoatFactory.com (or this "Site") as a service to its customers. Please read the Terms of Use that follow (this "Agreement") as they govern your use of BurlingtonCoatFactory.com. If you use this Site, you unconditionally agree to follow and be bound by the Terms of Use. If you "bookmark" a portion of this Site and bypass this Agreement, you still will be bound by the Terms of Use. BurlingtonCoatFactory.com reserves the right to change the Terms of Use without prior notice to you. If any portion of the Terms of Use is invalid, void, or not enforceable for any reason, that specific portion of the Terms of Use will be invalid but that will not affect the enforceability of the remainder of the Terms of Use. If you use this Site after any changes in the Terms of Use, you thereby agree to be bound by the changes. Please review the Terms of Use often as they may change from time to time. If you cannot act in accordance with the Terms of Use, please do not use this Site.

Privacy and Security

Please read the Privacy & Security section of this site, which also governs your visit to BurlingtonCoatFactory.com.

Communicating Electronically

When you visit BurlingtonCoatFactory.com or e-mail us, you are communicating electronically. We will email you or put notices on this Site to communicate with you. By e-mailing us or submitting an order through this Site, you agree that any requirement that a document be in writing is fulfilled by being sent electronically.

Copyrights and Trademarks

Unless stated otherwise, all content, information, and/or other intellectual property on this Site is copyrighted, trademarked, owned, controlled and/or licensed by Burlington Coat Factory Direct Corporation, the Company, their affiliates, or by third parties who have licensed their materials to Burlington Coat Factory Direct Corporation, and all such materials are protected by U.S. and international copyright laws. Burlington Coat Factory Direct Corporation and its licensors and suppliers expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials on this Site at any time. No one is given any rights relating to any intellectual property of or to any license to Burlington Coat Factory Direct Corporation or to any third party's intellectual property rights by using this Site. The Company's names and logos, including, without limitation, Burlington Coat Factory, Baby Depot, Luxury Linens, and all related product and service names, design marks, and slogans, are the trademarks or service marks of the Company and its affiliates. All other product marks appearing from time to time on this Site with respect to the products being offered for sale are the property of their respective owners. Neither this Site nor any of its Content (as such term is defined in the Site Access and Limited License section below) nor any related software may be reproduced (except as permitted in the said Site Access and Limited License section below), published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold or used in any sale, or exploited in any way, in whole or in part.

Links to and From our Website

Any links in this Site to products, marks, names or services on other websites, and any links from any other website to BurlingtonCoatFactory.com, are solely for your convenience. This does not imply any endorsement by us of these third parties and/or their products. Neither Burlington Coat Factory Direct Corporation nor the Company is in any way liable or responsible for any information appearing on any other website.

Site Access and Limited License

A limited license to visit and use this Site for your personal use is granted to you by BurlintonCoatFactory.com. The materials on this Site, including, without limitation, images, text, illustrations, designs, icons, photographs, programs, and written and other materials that are part of this Site (collectively, the "Content ") are intended to be used only as an aid to shopping on this Site and may not be used by you for any purpose other than solely for personal, non-commercial use. You are not permitted to download (other than page caching) or change any portion of this Site, unless you have the express written consent of BurlingtonCoatFactory.com. This license does not allow for any resale or commercial use of this Site or its Content. You may not collect listings of products, prices, descriptions, use any portion of the Content in any derivative way, download, or copy information or other matter for use of any other party. You may not gather information and data from mining, robots or other extraction tools. Neither this Site nor any part of it can be copied in any way or used commercially without express written permission from BurlingtonCoatFactory.com
Without our prior written consent, 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 Burlington Coat Factory Direct Corporation or any of its affiliates. Any use of any meta tags or any other "hidden text" utilizing this Site's name or Burlington Coat Factory Direct Corporation's or any of its affiliate's names or trademarks without the express written consent of Burlington Coat Factory Direct Corporation is strictly prohibited. Burlington Coat Factory Direct Corporation grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BurlingtonCoatFactory.com, provided that the link does not portray either this Site or Burlington Coat Factory Direct Corporation, its affiliates, or their products or services in any false, misleading, derogatory, or otherwise offensive manner. Any use of the BurlingtonCoatFactory.com logo or any other proprietary graphic or trademark of Burlington Coat Factory Direct Corporationor or any of its affiliates as part of any link without our express written permission is strictly prohibited. The permission or license granted to you by Burlington Coat Factory Direct Corporation to use this Site shall terminate automatically upon any unauthorized use by you.

Use of this Site

When you use this Site, you consent to keep your password private. The protection of your username and password is your responsibility. You consent that you shall be solely responsible for what transpires with the use of your username, password, and account.

Children under 18 years of Age

It is not our intent to collect personal information about children under the age of 13. A child who is 13 but not yet 18 years of age may only use this Site if a parent or legal guardian agrees to be bound by the Terms of Use on the child's behalf. If you are a parent or guardian of a child between the ages of 13 and 18, you are financially and legally responsible for the child's actions on this Site. No person under 13 years of age may use this Site.
Any information concerning billing and registering must be truthful and genuine. If you give information that is incorrect, it is a breach of the Terms of Use. When you confirm your order, you are agreeing to pay for the goods ordered.

Site Security

It is prohibited to violate or attempt to violate the security of this Site in any manner, including, without limitation; (a) obtaining or attempting to obtain data that is not intended for you; (b) gaining unauthorized access to an account; (c) attempting to breach security without permission; (d) testing the vulnerability of this Site; (e) attempting to interfere with this Site, including the host, network, or user, in any manner; (f) sending emails that were not solicited, including ads and promotions; or (e) forging a TCP/IP packet header or any part of header information. These violations could result in civil or criminal penalties. Burlington Coat Factory Direct Corporation will investigate violations and will work with legal authorities to prosecute violators to the fullest extent of the law.

Acceptance of Your Order

You will not be charged until your order is verified, payment authorized, and your order has entered the shipping process. We reserve the right to decline your order at our sole discretion. Some of the reasons we may decline the order are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or fraud. We will contact you if we decide to decline your order or if we need more information. If we decline your order, we will credit your credit card for any amount charged with respect to such order.

Express Shipping

We may offer express shipping services for certain items. Your remedy for untimely delivery of an expedited order will be a refund of the shipping fees associated with the items in your order that are eligible for our expedited shipping services.

Communications, Comments, and Other Content

Suggestions, ideas, comments, questions, or other information may be submitted to us, but any illegal, obscene, threatening or defamatory content and any content that is invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable is strictly prohibited. Such content must also not contain any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, "worms," or any form of "spam." The use of a false e-mail address, impersonating any person or entity, or deception or misleading or false designation of origin or identity of content is also strictly prohibited. BurlingtonCoatFactory.com reserves the right (but not the obligation) to remove or edit such content. You grant Burlington Coat Factory Direct Corporation, its affiliates, licensees and sublicenses a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media any content or other matter you submit to us and the right to use the name that you submit in connection with such content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; and that use of the content you supply does not violate this policy and will not cause injury to any person or entity. In any event, you agree to indemnify, defend, save and hold harmless this Site and Burlington Coat Factory Direct Corporation and its affiliates, licensees and sublicensees, from and against any loss, damage, cost, liability and expense (including attorneys' fees) and from and against any and all claims resulting from content or other matter you supply. Burlington Coat Factory Direct Corporation and BurlingtonCoatFactory.com has the right but not the obligation to monitor and edit or remove any activity or content. Neither Burlington Coat Factory Direct Corporation nor BurlingtonCoatFactory.com takes oany responsibility or assumes any liability for any content posted by you or any third party.

Description of Products

Burlington Coat Factory Direct Corporation and its related companies try to be as accurate as possible in all Content that we publish on this Site. Burlington Coat Factory Direct Corporation does not, however, warrant that descriptions of products or other Content of this Site are accurate, complete, reliable, current, or error-free. If you receive a product and believe that it does not accurately reflect the description of the product on this Site, please contact us.

Colors

Every effort is made to show all the colors of our products as true and accurate to the actual item. The accuracy and fidelity of the colors, however, is dependent on your pc, monitor quality, and settings. Therefore, we cannot guarantee the accuracy or fidelity of any color represented on our Site.

Pricing Information

While Burlington Coat Factory Direct Corporation strives to provide accurate product and pricing information at all times, pricing or typographical errors may occur. Burlington Coat Factory Direct Corporation cannot confirm the price of an item until you place your order. Our goal is to provide you with the lowest prices possible. Sometimes a price online does not match the price in a store. Store pricing will sometimes differ from online prices and prices may change without notice.

Quantity Limits & Dealer Sales

BurlingtonCoatFactory.com reserves the right, at its sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed by dealers. If this limit applies, we will notify you.
If you are interested in purchasing multiple quantities of items for a corporation, institution, or not-for-profit organization, please click here to contact us.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOU ARE USING THIS SITE AT YOUR SOLE RISK ON AN "AS IS" AND "AS AVAILABLE" BASIS. BURLINGTON COAT FACTORY DIRECT CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BURLINGTON COAT FACTORY DIRECT CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

BURLINGTON COAT FACTORY DIRECT CORPORATION DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BURLINGTONCOATFACTORY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to, indemnify, defend, save and hold harmless this Site and Burlington Coat Factory Direct Corporation, and its affiliates, licensees, and sublicensees, from and against any and all claims, damages, losses, liabilities, costs and expenses, including attorneys' fees, arising from or related to your use of this Site.

Termination

Terms of Use are in effect unless and until the customer or Burlington Coat Factory Direct Corporation terminates this Agreement. You may terminate it at any time, but must then immediately discontinue all use of this Site. Burlington Coat Factory Direct Corporation may terminate this Agreement without notice and at any time. You will be denied authorization to access this Site if you fail to comply with this Agreement. If this Agreement is terminated, you must immediately destroy any information downloaded or otherwise obtained from this Site as well as all copies of such materials. Burlington Coat Factory Direct Corporation shall retain the right to any comments and content submitted by you prior to termination of this Agreement, and such right shall survive the termination of this Agreement. Any indemnification right or obligation set forth in this Agreement will survive termination of this Agreement.

Limitation of Liability

NEITHER BURLINGTONCOATFACTORY.COM, NOR BURLINGTON COAT FACTORY DIRECT CORPORATION, NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR SUPPLIERS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE BURLINGTONCOATFACTORY.COM WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BURLINGTON COAT FACTORY DIRECT CORPORATION OR THIS SITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THIS SITE, BURLINGTON COAT FACTORY DIRECT CORPORATION OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO THIS SITE BY YOU IN CONNECTION WITH YOUR USE OF THIS SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

DIGITAL MILLENIUM COPYRIGHT ACT notice - Procedure for Making and Responding to Claims of Copyright Infringement

BurlingtonCoatFactory.com will respond to claims of copyright infringement, will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to BurlingtonCoatFactory.com's designated agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled information reasonably sufficient to permit BurlingtonCoatFactory.com to locate the material; (4) information reasonably sufficient to permit BurlingtonCoatFactory.com to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has not authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached as follows:

By mail:
Burlington Coat Factory Direct Corporation
Vice President of E-commerce Division / DMCA
1830 Route 130 N
Burlington, NJ 08016

By E-mail:
DMCA@BurlingtonCoatFactory.com

The above contact information is only for reporting claims of copyright infringement. See other portions of this Site for contact information for other issues.

If a valid notification of alleged copyright infringement is received, BurlingtonCoatFactory.com will remove or disable access to the material identified in the notice, as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by BurlingtonCoatFactory.com, Burlington Coat Factory Direct Corporation or its affiliates, who is injured by such misrepresentation, as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. or in replacing the removed material or ceasing to disable access to it.

A person, against whom a notice of copyright infringement is filed, may file a counter notification with the Designated Agent at the address listed above. To be effective, a counter notification must be a written communication provided to the Designated Agent that includes substantially the following: (a) a physical or electronic signature of such person; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that such person has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) such person's name, address, and telephone number, and a statement that you such person consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if such person's address is outside the United States, for any judicial district in which Burlington Coat Factory Direct Corporation may be found, and that such person will accept service of process from the complainant who provided the original notification or an agent of the complainant.

If a valid counter notification is received, BurlingtonCoatFactory.com will provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 14 business days, and replace the removed material or cease disabling access to it in 10 to 14 business days following receipt of the counter notification, unless the Designated Agent receives notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on BurlingtonCoatFactory.com. Please note that the DMCA provides substantial penalties for a false counter notification filed in response to a notice of copyright infringement. A person who makes a misrepresentation in a counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or incurred by BurlingtonCoatFactory.com, Burlington Coat Factory Direct Corporation or its affiliates who is injured by such misrepresentations, as a result of reliance upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

APPLICABLE LAW

By visiting BurlingtonCoatFactory.com, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between you and Burlington Coat Factory Direct Corporation or its affiliates.

OUR ADDRESS

Burlington Coat Factory Direct Corporation
1830 Route 130 N
Burlington, NJ 08016
www.BurlingtonCoatFactory.com

Last Updated: December 2, 2005