Melissa & Doug Terms of Use

Effective Date: April 2, 2025

These Terms of Use (these “Terms”) apply to the sale and purchase of products (“Products ”) through the website located at www.melissaanddoug.com, including all offerings and features available on or through the website (collectively the “Site”) operated by and on behalf of Melissa & Doug, LLC (“Company,” “we,” “us,” or “our”). Your access and use of the Site is governed by these Terms, whether as a guest or registered user.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY USING THE SITE OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND ACKNOWLEDGE OUR PRIVACY STATEMENT, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY PRACTICES AS DESCRIBED IN OUR PRIVACY STATEMENT, YOU MUST NOT ACCESS OR USE THE SITE.

PLEASE NOTE THAT THESE TERMS CONTAIN A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. FOR MORE INFORMATION, PLEASE SEE SECTIONS 23 AND 24.

THE SITE IS CONTROLLED AND/OR OPERATED FROM THE UNITED STATES AND IS INTENDED ONLY FOR INDIVIDUALS RESIDING IN THE UNITED STATES. THE SITE IS NOT INTENDED TO SUBJECT USERS TO NON-U.S. JURISDICTION OR LAWS. THE SITE IS FOR PERSONAL USE ONLY AND IS NOT INTENDED FOR BUSINESS SALES OR BUSINESS USE. We do not in any way imply that the Site is available or intended for use outside the United States or in jurisdictions in which we are not licensed to do business or that we are soliciting business in any such jurisdiction. If you access or use the Site from outside of the United States, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations in your jurisdiction. We may, in our sole discretion, at any time, limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose.

1. Ability to Enter Into These Terms. The Site is offered and available to users who are 18 years of age or older and reside in the United States. By using the Site, you represent and warrant that you are of legal age to form a binding contract with the Company and have the authority to bind yourself to these Terms. If you do not meet all of these requirements, you must not access or use the Site.

2. Privacy Statement. Company may monitor your use of the Site and may use and disclose any information and materials received from you or collected through your access or use of the Site for any lawful reason or purpose. Please review our Privacy Statement  with regard to the collection and use of your information. Our Privacy Statement is expressly incorporated into these Terms by reference. Other policies accessible through the Site also apply to your access and use of the Site, as such policies may be amended from time to time.

3. Access to and Use of the Site. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-transferrable, and revocable license to access and use the Site solely for your personal and non-commercial use. The information on the Site may occasionally be inaccurate, incomplete, or out of date, and we make no representation as to the completeness, accuracy, or currentness of any such information. ANY RELIANCE YOU PLACE ON THE INFORMATION PROVIDED ON THE SITE IS STRICTLY AT YOUR OWN RISK. COMPANY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE SITE BY YOU OR ANY OTHER VISITOR TO THE SITE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF THE SITE’S CONTENTS. We reserve the right to refuse access or use of the Site to anyone for any reason at any time. 

4. Account. In order to access and certain features of the Site, you may be required to register and create an account (“Account”). By creating an Account, you agree to: (a) provide accurate, current, and complete information about yourself and update it as necessary; (b) maintain the security of your Account; and (c) immediately notify us of any unauthorized use of your Account or any other breach of Account security. You agree to promptly update your Account information for transactions made on the Site. We reserve the right, in our sole discretion, to accept or reject your registration to create an Account and/or to access or use the Site. 

By creating an Account, you agree that:

  • We may reject or require that you change any Account information that you provide to us at or after registration.
  • We are entitled to act on instructions provided to us under your username and password.
  • We are not liable for any unauthorized access to your Account.
  • We may block access to the Site without prior notice if we believe your username and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons in our discretion.

5. Additional Terms. Certain parts or features of the Site may be subject to additional terms and conditions that are not expressly stated in these Terms, such as areas of the Site where payments are collected from you (collectively, “Additional Terms”). You agree to comply with such Additional Terms that apply to your use of the applicable parts or features of the Site. In case of any conflict between these Terms and Additional Terms, the Additional Terms will control. 

6. Product Availability and Descriptions. Some Products may not be available in all jurisdictions. Most Products displayed on the Site are also available at retail stores in the United States while supplies last. In some cases, Products displayed for sale on the Site may not be available in stores and vice versa. We reserve the right, but are not obligated, to: (a) limit the sales of our Products to any person, geographic region, or jurisdiction on a case-by-case basis; (b) limit the quantities of any Products that we offer for sale; and (c) discontinue any Product(s) at any time. In addition, while we make every effort to display the Products as accurately as possible, we cannot guarantee that your computer monitor’s display of any color will be accurate. Accordingly, the Product descriptions may contain typographical errors, inaccuracies, or omissions that may relate to the look and feel of the Product as well as availability, pricing, promotions, offers, shipping charges, and transit times.

7. Product Pricing. The Product prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. All prices, pictures and descriptions on the Site are subject to change. Price differences related to future or past prices on the Site or in stores are not refundable. Please contact us within thirty (30) days regarding price or promotion discrepancies. 

8. Order Acceptance and Cancellations. You may place orders for Products on the Site (each, an “Order”). When you place your Order with us, you agree to the price and terms indicated on the Site. All Orders are subject to the availability of the ordered Product(s). An Order is valid and binding when it is accepted in writing by Company via a confirmation email sent to the email address you provide the Company in the Order. Orders accepted by Company may not be cancelled without the Company’s express written consent. Company may cancel Orders in whole or in part due to Product unavailability or discontinuation, price change if the incorrect Product price was displayed on the Site, or as otherwise determined by Company in its sole discretion. You will be notified of any Order cancellations and receive a refund of any prepaid amounts paid to Company.

9. Prices and Taxes. Product prices on the Site are subject to change without notice. Prices listed on the Site do not include any foreign, federal, state, or local sales, use, value-added, excise, gross receipts, or any similar transaction or consumption taxes, tariffs, duties, or other charges imposed on or measured by the use or sale of Products (collectively, “Taxes”). Any Taxes due will be calculated at or prior to Order checkout.

10. Payment. All Orders must be paid in full prior to shipment, including any and all Taxes and shipping fees which will be itemized for your review at or prior to checkout. We use third-party payment processors (the “Payment Processors”) to allow you to pay for Orders. Our Payment Processors will process your payment according to their terms, as such terms will be made available to you at or prior to checkout. We are not responsible for errors or processing times by the Payment Processors. By placing an Order on the Site, you agree to pay through the Payment Processors, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms and you authorize us, via the applicable Payment Processors, to charge your chosen payment method.

11. Shipping and Handling. All Products purchased on the Site can only be shipped to a valid address within the United States. You are solely responsible for all shipping and handling charges which are available for your review at or prior to checkout. Title and risk of loss or damage to the ordered Product(s) shall pass to you at the time the Product is delivered to the address indicated in the Order. You acknowledge and agree that Company will not be liable for any damages associated with Company’s or Company’s third-party delivery services’ inability to meet any estimated shipping timeframes.

12. Returns. Please refer to our FAQs for information about returns of Products.

13. User Content. You agree that all information and materials you provide to us, including personal information (collectively, “User Content”) is true, accurate, and complete, and you will maintain and update such information regularly. In addition, you acknowledge and agree that you will not post User Content:

  • for which you have not obtained all necessary consents;
  • that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the Site is being used; or
  • which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to the Site in breach of this Section 13.

If you provide to us or choose to make any User Content publicly available on the Site, you do so at your own risk. You agree and acknowledge that Company may disclose User Content if Company determines that: (i) disclosure is necessary to enforce these Terms, respond to claims that any User Content violates the rights of third parties, or protect the rights, property, or personal safety of Company, its users, and the public; or (ii) appropriate legal process requires disclosure. Without limiting the generality of the foregoing, you authorize Company to include User Content in a searchable format that may be accessed by users of the Site and Third-Party Websites (as defined in Section 16), provided, however, that Company shall have no liability for User Content that can be public and visible on the Site, Third-Party Websites, or search engines, including after deletion of such User Content by you or Company. YOU UNDERSTAND AND AGREE THAT COMPANY WILL HAVE NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY USER CONTENT.

14. Feedback. If you send the Company information, ideas, suggestions, proposals, plans, or other materials, whether online, by email, or by postal mail (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such Feedback. We are and shall be under no obligation to (a) maintain any Feedback in confidence; (b) pay compensation for any Feedback; or (c) respond to any Feedback. You hereby grant Company a perpetual, irrevocable, and worldwide license to use any Feedback in any and every way, as well as the right to grant sublicenses, without compensation, without any obligation to report on such use, and without any other restriction.

15. Prohibited Uses. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site: (a) for any unlawful or unauthorized purpose such as to violate any laws in your jurisdiction (including, but not limited to, copyright laws); (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any website or the Internet. We reserve the right to terminate your access and use of the Site for violating any of the prohibited uses in this Section 15. We reserve the right to refuse access or use of the Site to anyone for any reason at any time.

16. Third-Party Websites. The Site may provide links to third party websites and resources that are not maintained by us (“Third-Party Websites”). We are not responsible for such Third-Party Websites, and we make no warranties or representations about the content therein. We recommend that you read the privacy notices and user agreements of the Third-Party Websites you visit. We are not and will not be responsible for (a) the terms and conditions of any transaction between you and any such Third-Party Websites; (b) any insufficiency of or problems with any such Third-Party Websites’ background, insurance, credit, or licensing; (c) the quality of products or the services offered or advertised by Third-Party Websites; or (d) any other legal liability arising out of or related to your transactions in connection with Third-Party Websites. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. IN THE EVENT YOU HAVE A DISPUTE WITH ANY THIRD-PARTY WEBSITES, YOU AGREE TO RELEASE US AND OUR AFFILIATES, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

17. Intellectual Property Rights. The trademarks and service marks on the Site include, without limitation, the MELISSA & DOUG logo and any associated trademarks, service marks, and logos. All trademarks, service marks, information, and materials on the Site are owned by us and/or our respective licensors and suppliers, and may be protected by copyright, trademark, patent, and/or other proprietary rights and laws. Nothing contained on the Site should be construed as granting any license or right to use any trademarks or service marks without the express prior written consent of the owner. Except as expressly authorized in advance by us, you agree not to reproduce, download, modify, rent, lease, loan, sell, distribute or create derivative works based on all or any part of the Site or any information or materials made available through the Site.   UNAUTHORIZED USE OF ANY PART OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SITE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

18. Copyright Infringement.

(a) Copyright: Infringing Material/DMCA. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to the e-mail address listed in “DMCA Contact Information” in Section 18(c) below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification and description of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (please include the specific URL where the material appears).
  • Adequate and current information by which we can contact you (including your full name, postal address, telephone number, and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy to disable and/or terminate, in appropriate circumstances, any user’s access to the Site and/or Account in the event of repeated infringing activity, and Company reserves such rights.

(b) Counter-Notification Procedures. If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to the e-mail address listed in “Contact Information” below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An 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 disabled (please include the specific URL from which the material was removed or access to it disabled).
  • Adequate and current information by which we can contact you (including your full name, postal address, telephone number, and, if available, e-mail address).
  • A statement by you, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) to fourteen (14)  days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. 

(c) DMCA Contact Information. If you believe your copyright material is being used on the Site without permission, send DMCA Notice and Counter-Notices to our designated agent for notice of alleged copyright infringement at:

By Email: legal@melissaanddoug.com

By Mail: Melissa & Doug, LLC
Attn: Copyright Agent 
10 Westport Road 
Wilton, CT 06897

By Phone: 1-800-284-3948

19. Indemnification. You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, (a) your use of and access to the Site, or activities in connection with, the Site or (b) any violation of these Terms by you, including your violation of any third party right, such as, but not limited to, any trademark, copyright or other proprietary or privacy right. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior express written consent of Company.

20. Disclaimer. WE DO NOT GUARANTEE THAT THE SITE WILL BE SECURE OR THAT ANY ACCESS OR USE OF THE SITE WILL BE UNINTERRUPTED. THE SITE AND ALL PRODUCTS AND INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ANY RELIANCE ON THE MATERIAL ON THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH YOUR ACCESS AND USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE, INCLUDING VIA THIRD-PARTY WEBSITES. WE ACCEPT NO RESPONSIBILITY FOR USER-INITIATED DAMAGE AND/OR LOSS OF PARTS INCURRED DURING OPERATION OR USE OF ANY PRODUCT NOT IN ACCORDANCE WITH THE RESPECTIVE INSTRUCTIONS.

21. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE PRODUCTS SOLD THROUGH THE SITE. IN NO EVENT OR CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO LIFE OR PROPERTY, ARISING OUT OF, CONNECTED WITH OR FOLLOWING THE USE OR MISUSE OF THE PRODUCTS OR THE SITE, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM THE SAME. YOUR USAGE OF THE PRODUCTS AND ACCESS AND USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THIS SECTION 20 APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PRODUCT, PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE SITE IS THE TOTAL AMOUNT PAID TO COMPANY FOR THE PRODUCT(S) IN QUESTION PURCHASED ON THE SITE  .

22. Governing Law and Venue. You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Connecticut, United States, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Fairfield County, Connecticut, United States, and waive any jurisdictional, venue, or inconvenient forum objections thereto. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.

23. Dispute Resolution. Prior to commencing, joining, or being joined (as either an individual litigant or the member of a class) to any judicial action that asserts a claim arising from, relating to, or in connection with these Terms or your use of the Site, you agree to provide, in writing to the address listed below, notice of the claim.  You further agree to include with that notice, your name, a way in which Company can contact you (i.e., address, telephone number, email address, etc.), a description of your claim, and any documentation in your possession supporting your claim.  You also agree that, in order to comply with this provision, you must submit your notice on behalf of yourself only and not as part of a class or group of individuals.  You also agree to provide Company no fewer than thirty (30) days from the date you submitted your claim to resolve it, whether by taking corrective action or compensating you for your alleged damages.

Address to Send Your Claim: 
10 Westport Road
Lobby A, Floor 2
Wilton, CT 06897  

YOU AGREE THAT PROVIDING NOTICE OF YOUR CLAIM TO COMPANY AND ALLOWING COMPANY AT LEAST THIRTY (30) DAYS TO ATTEMPT TO RESOLVE YOUR CLAIM IS A CONDITION PRECEDENT TO YOUR COMMENCING, JOINING, OR BEING JOINED TO ANY JUDICIAL ACTION AGAINST COMPANY, AS EXPLAINED ABOVE.

24. Class Action Waiver: IF, AFTER HAVING PROVIDED COMPANY NOTICE OF YOUR CLAIM AND AT LEAST THIRTY (30) DAYS TO RESOLVE IT, YOU AND COMPANY HAVE STILL NOT REACHED A RESOLUTION AND IF YOUR CLAIM EXCEEDS $1,000, YOU AGREE TO WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO YOUR CLAIM.

25. Termination. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to access or use the Site by emailing us at legal@melissaanddoug.com, by closing your Account, or by ceasing to access or use the Site. If we determine or suspect that you have failed to comply with any term or provision of these Terms, we also may terminate your access and use of the Site at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

26. Entire Agreement. These Terms (including the Privacy Statement,  which is incorporated herein by reference) constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

27. Severability. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.  Such determination shall not affect the validity and enforceability of any other remaining provisions in these Terms.

28. Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

29. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

30. Changes to these Terms. We may modify and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Any changes to these Terms will be effective upon our posting of the notice, provided that these changes will be prospective only and not retroactive. In certain cases, we may also provide a summary of changes to these Terms via email to your email address on file with us.  Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE ACCESS OR USE THE SITE, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND YOU AGREE THAT YOUR ACCESS AND USE OF THE SITE AFTER SUCH NEW TERMS HAVE BEEN POSTED CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS FOR YOUR NEW ACCESS, USE, AND TRANSACTIONS ON THE SITE. You are expected to check this page each time you access or use the Site so you are aware of any changes, as they are binding on you.

31. Contact. If you have any questions regarding the Site or these Terms, please contact us at service@melissaanddoug.com or Melissa & Doug, LLC, P.O. Box 590, Westport, CT 06881. Since e-mail communications cannot always be secure, do not include sensitive information in any such email.

Also, under California Civil Code Section 1789.3, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.