Terms & Conditions
Welcome to the CuddleMax online store! CuddleMax.com and its
associates provide their services to you subject to the following conditions.
If you visit or shop within this website, you accept these conditions. Please
read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your
visit to our website, to understand our practices.
ELECTRONIC
COMMUNICATIONS
When you visit CuddleMax.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.
COPYRIGHT
All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of CuddleMax.com or its content suppliers and
protected by international copyright laws. The compilation of all content on
this site is the exclusive property of CuddleMax.com, with copyright authorship
for this collection by CuddleMax.com, and protected by international copyright
laws.
TRADE MARKS
CuddleMax.com’s trademarks and trade dress may not be used
in connection with any product or service that is not CuddleMax.com’s, in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits CuddleMax.com. All other trademarks not owned by CuddleMax.com
or its subsidiaries 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 CuddleMax.com or its subsidiaries.
LICENSE AND SITE
ACCESS
CuddleMax.com 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 CuddleMax.com.
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 CuddleMax.com. 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 CuddleMax.com and our
associates without express written consent. You may not use any meta tags or
any other "hidden text" utilizing CuddleMax.com’s name or trademarks
without the express written consent of CuddleMax.com. Any unauthorized use
terminates the permission or license granted by CuddleMax.com. You are granted
a limited, revocable, and nonexclusive right to create a hyperlink to the home
page of CuddleMax.com so long as the link does not portray CuddleMax.com, its
associates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any CuddleMax.com logo or other
proprietary graphic or trademark as part of the link without express written
permission.
YOUR MEMBERSHIP
ACCOUNT
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. If you are under 18, you may use our
website only with involvement of a parent or guardian. CuddleMax.com and its
associates reserve the right to refuse service, terminate accounts, remove or
edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS,
EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and
submit suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. CuddleMax.com reserves the right (but not
the obligation) to remove or edit such content, but does not regularly review
posted content. If you do post content or submit material, and unless we
indicate otherwise, you grant CuddleMax.com and its associates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You grant
CuddleMax.com and its associates and sublicensees the right to use the name
that you submit in connection with such content, if they choose. You represent
and warrant that you own or otherwise control all of the rights to the content
that you post: that the content is accurate: that use of the content you supply
does not violate this policy and will not cause injury to any person or entity:
and that you will indemnify CuddleMax.com or its associates for all claims
resulting from content you supply. CuddleMax.com has the right but not the
obligation to monitor and edit or remove any activity or content. CuddleMax.com
takes no responsibility and assumes no liability for any content posted by you
or any third party.
RISK OF LOSS
All items purchased from CuddleMax.com are made pursuant to
a shipment contract. This basically means that the risk of loss and title for
such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
CuddleMax.com and its associates attempt to be as accurate
as possible. However, CuddleMax.com 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 CuddleMax.com itself is not as described,
your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS
SITE IS PROVIDED BY CuddleMax.com ON AN "AS IS" AND "AS
AVAILABLE" BASIS. CuddleMax.com 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. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, CuddleMax.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. CuddleMax.com DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL SENT FROM CuddleMax.com ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. CuddleMax.com WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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.
APPLICABLE LAW
By visiting CuddleMax.com, you agree that the laws of the
state of California, USA, without regard to principles of conflict
of laws, will govern these Conditions of Use and any dispute of any sort that
might arise between you and CuddleMax.com or its associates.
DISPUTES
Any dispute relating in any way to your visit to CuddleMax.com
or to products you purchase through CuddleMax.com shall be submitted to
confidential arbitration in California, USA, except that, to the extent you
have in any manner violated or threatened to violate CuddleMax.com’s
intellectual property rights, CuddleMax.com may seek injunctive or other
appropriate relief in any state or federal court in the state of California,
USA, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator’s award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class arbitration proceedings
or otherwise.
SITE POLICIES,
MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and
Returns policy, posted on this site. These policies also govern your visit to CuddleMax.com.
We reserve the right to make changes to our site, policies, and these
Conditions of Use 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.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the menu.