Terms & Conditions

Last Updated: April 30, 2026

Terms & Conditions

1. Acceptance of Terms of Use and Amendments

Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of Use. Please read the site's Privacy Policy, which is incorporated within these Terms of Use by reference.

2. Simply Blessed Children's Boutique's Service

This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that Simply Blessed Children's Boutique reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Simply Blessed Children's Boutique will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

3. Your Responsibilities and Registration Obligations

In order to use this web site or certain parts of it, you may be required to register for a user account; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site's Terms of Use, including any amendments made by Simply Blessed Children's Boutique that are published herein.

4. Privacy Policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of Simply Blessed Children's Boutique's Privacy Policy.

We have implemented Google Analytics features based on Display Advertising (Google Analytics Demographics and Interest Reporting). You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings. You may also use the Google Analytics Opt-Out Browser Add-on to disable tracking by Google Analytics. We will use the data provided by Google Analytics Demographics and Interest Reporting to develop the site and content around our users' interests.

 

5. Registration and Password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not. You agree to immediately notify Simply Blessed Children's Boutique of any unauthorized use of your user account, user name, or password.

6. Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. Simply Blessed Children's Boutique will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without Simply Blessed Children's Boutique's prior written consent;

(e) you will not provide any content that may give rise to Simply Blessed Children's Boutique being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

7. Submission of Content on This Web Site

By providing any content to this web site:

(a) you agree to grant Simply Blessed Children's Boutique a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, or technology already known at the time of provision or developed subsequently;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Simply Blessed Children's Boutique the license specified in this section 7;

(c) you acknowledge and agree that Simply Blessed Children's Boutique will have the right (but not the obligation), at Simply Blessed Children's Boutique's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

8. Third-Party Services

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Simply Blessed Children's Boutique will not be liable or responsible for any of your dealings or interactions with third parties.

9. Indemnification

You agree to indemnify and hold harmless Simply Blessed Children's Boutique and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.

10. Disclaimer of Warranties

You understand and agree that your use of this web site and of any services or content provided (the "service") is at your own risk. Services and content are provided to you "as is," and Simply Blessed Children's Boutique expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Simply Blessed Children's Boutique makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither Simply Blessed Children's Boutique nor any participant in the service provides professional advice of any kind and that any advice or other information obtained via this web site may be used solely at your own risk.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

11. Limitation of Liability

You expressly understand and agree that Simply Blessed Children's Boutique will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Simply Blessed Children's Boutique has been advised of the possibility of such damages), resulting from (i) the use of services or the inability to use services, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on through services, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using services, or (v) any other matter relating to services.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

12. Reservation of Rights

Simply Blessed Children's Boutique reserves all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Simply Blessed Children's Boutique may have in respect of this web site, its content, and goods and services that may be provided. The use of Simply Blessed Children's Boutique's rights and property requires Simply Blessed Children's Boutique's prior written consent. By making services available to you, Simply Blessed Children's Boutique is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without Simply Blessed Children's Boutique's prior written consent.

All photographs displayed on Simply Blessed Children's Boutique's website are original works of authorship owned and copyrighted by Simply Blessed Children's Boutique. Absent express permission of Simply Blessed Children's Boutique, you may not copy, display, reproduce, distribute, use for commercial gain, or otherwise exploit said photographs.

13. Notification of Copyright Infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please contact our copyright agent via email: shannon@simplyblessedkids.com

14. Applicable Law

You agree that these Terms of Use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with the laws of the State of Kentucky, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over Simply Blessed Children's Boutique's domicile, and that any disputes will be heard by the said courts.

15. Returns & Refunds

Purchases made on this Site are subject to our 30-Day Money Back Guarantee. Please review our full Return Policy for complete eligibility details, including final sale items and return shipping requirements.

16. Miscellaneous Information

(i) In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable;

(ii) The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect;

(iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;

(iv) Simply Blessed Children's Boutique may assign its rights and obligations under these Terms of Use; in this event, Simply Blessed Children's Boutique will be relieved of any further obligation.

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SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Simply Blessed Kids Children's Boutique (hereinafter, "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://www.simplyblessedkids.com/policies/privacy-policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.

User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, and agree that Simply Blessed Children's Boutique and its service providers will have no liability for failing to honor such requests.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products and services. Messages may include checkout reminders.

Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text "HELP" to the number you received messages from or email us at shannon@simplyblessedkids.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received
• Any content that implicates and/or references personal health information protected by HIPAA or the HITECH Act
• Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Lawrenceburg, Kentucky before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Simply Blessed Children's Boutique's principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years' experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties also agree that the AAA's rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

State Law:

Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the Program, (1) your shipping address, as provided, is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or do not affirmatively advise us in writing that you are a Florida resident. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You shall not constitute a "telephonic sales call" or "commercial telephone solicitation phone call" for purposes of Florida Statutes Section 501.

Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

In addition, you agree to our https://terms.pscr.pt/legal/shop/kentucky-childrens-boutique/terms_of_serviceMessaging Terms and https://terms.pscr.pt/legal/shop/kentucky-childrens-boutique/privacy_policy.