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Terms and Conditions
Your access to and use of www.cuddlebugfactory.com, the Cuddle Bug Toy Factory
LLC website, (hereinafter referred to as "Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you acknowledge that you fully accept the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you may not use the Website.
Copyrights and Trademarks
All copyrights, trademarks, registered or unregistered, and all other
intellectual property rights in the Website and its content (including without
limitation the Website design, text, and graphics) are owned by or licensed to
Cuddle Bug Toy Factory LLC or otherwise used by Cuddle Bug Toy Factory LLC as
permitted by law.
Gotta Getta GUND, GUND, GUND Kids, GUNDbaby, babyGUND, babyGUND Nursery, GUNDfun,
and GUNDGifts are registered trademarks of GUND. All designs copyrighted Gund.
In accessing the Website you agree that you will access the content solely for
your personal, non-commercial use. None of the content may be downloaded,
copied, reproduced, transmitted, stored, sold or distributed without the prior
written consent of the copyright holder. This excludes the downloading, copying
and/or printing of pages of the Website for the express purpose of completing a
transaction with Cuddle Bug Toy Factory LLC. In addition, you agree not to
change or delete proprietary notices from materials downloaded from the Website.
Order Confirmation, Payment, and Shipping
All orders are confirmed by e-mail. E-mail confirmation is a receipt of your
order request and does not constitute our acceptance to sell a product or
service. Once an item is shipped, we agree to sell the product or service to the
buyer. We reserve the right to limit order quantities or refuse to service any
customer. We may require verification of information prior to accepting an order
for shipment.
Orders will be shipped to the ship-to address designated by you as long as the
address is compliant with our shipping policy and shipping restrictions of the
carrier. You are responsible for ensuring that the ship-to address is accurate
and deliverable.
Cuddle Bug Toy Factory LLC accepts credit cards for payment for orders placed on
the Website. Cuddle Bug Toy Factory LLC may obtain pre-approval from the credit
card company or payment processor for an amount up to the amount of the order
prior to acceptance of order. Orders will be processed once the credit card
transaction is approved and payment is made in full. You will be notified by
e-mail and your order will be cancelled if your credit card payment was not
accepted for payment or failed to process.
At present, we are unable to accept credit cards used by banks outside the
United States or prepaid gift cards issued by credit card companies. This
limitation may change without notice at the discretion of Cuddle Bug Toy Factory
LLC. Debit cards and check cards may have daily spending limits that may prevent
your order from being processed.
Online Account
Some services on the Website require you to create an account. Before creating
an account you must attest that you are at least 13 years old. You agree to
provide accurate, complete, and current information about yourself. You also
agree to maintain and update your information as needed. You shall not
impersonate any person or misrepresent your identity, including using another
person's username, password, address, or other account information. You also agree to notify us in the event of any unauthorized use of your account or any other breach of security that you become aware of involving your use of the
Website. In addition, you agree to logout from your account at the end of your
session.
You or we may suspend or terminate your account at any time with or without
reason. You are personally responsible for any orders placed or charges incurred
through the use of your account prior to suspension or termination.
Product Specifications and Accuracy
All content, product descriptions, and prices of products and services on the
Website are subject to change at any time without notice. Cuddle Bug Toy Factory
LLC does not warrant that all products or services will be available at all
times on the Website. All descriptions are approximate and provided for
convenience purposes only. Cuddle Bug Toy Factory LLC makes reasonable effort to describe products and services accurately; however some attributes may display differently for each use depending on the user's computer system and display. We cannot guarantee that your computer system will accurately display colors and attributes of products on the Website.
Information on the Website may occasionally be inaccurate despite our attempt to
provide information that is current, accurate, and complete. We make no warranty
that information on this website is current, complete, or accurate. We may
change price and availability of products and services on the Website without
notice.
Typographical Errors
In the event a product on the Website is mistakenly listed at an incorrect
price, Cuddle Bug Toy Factory LLC reserves the right to cancel the order or
refuse to sell the item, even if the order has been confirmed and you credit
card has been charged. If you have already been charged for the purchase, Cuddle
Bug Toy Factory LLC shall issue a credit to your credit card in the amount of
the incorrect purchase price.
Advice
The contents of Cuddle Bug Toy Factory LLC website and the comments posted by
users of the Website do not constitute advice and should not be relied upon in
making or refraining from making any decision.
Use of Site
Harassment or objectionable behavior in any form or manner on the Website,
including via product reviews and comments, e-mail, chat, or otherwise is
prohibited. In addition, you are prohibited from posting or transmitting any
unlawful, threatening, libelous, or otherwise obscene or inappropriate material
that could lead to civil liability or be considered a criminal offense. You are
also prohibited from the foregoing actions on the Website that could encourage
others to engage in objectionable behavior that could lead to civil liability or
be considered a criminal offense.
Cuddle Bug Toy Factory LLC may not and cannot review all communications and
materials posted to or created by users accessing the Website. It is not in any
manner responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Cuddle Bug Toy Factory LLC is merely acting
as a passive conduit for such distribution and is not undertaking any obligation
or liability relating to user-generated content or activities on the Website.
If we determine, at our sole discretion, that the communications or materials
you have posted are (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Cuddle Bug Toy Factory LLC, or that you are in violation of or
are likely to violate any policies related to posting or transmitting materials
on the Website, we may take action to cure or prevent the violation. These
actions include, but are not limited to, any legal remedies we may have at our
disposal, removal of the posted or transmitted material from the Website, and
suspension or termination of your account. If requested, we will cooperate with
law enforcement authorities by court order, subpoena, or other legal means on
investigations that require us to disclose the identity of anyone posting or
transmitting the foregoing inappropriate materials or participating in
objectionable behavior.
In addition, you may not post, transmit, or upload any material, including but
not limited to links or website addresses, or use the Website to solicit users
to another website for any commercial or private purpose.
Change of Use
Cuddle Bug Toy Factory LLC reserves the right to change or remove (temporarily
or permanently) the Website or any part of it without notice and you confirm
that Cuddle Bug Toy Factory LLC shall not be liable to you for any such change
or removal and can change these Terms and Conditions at any time, and your
continued use of the Website following any changes shall be deemed to be your
acceptance of such change.
Notice
Cuddle Bug Toy Factory LLC may deliver notice to you by e-mail, by posting it on
the Website, or by mail to the address you have provided when you made a
purchase. Delivery of notice by any of the aforementioned means constitutes a
good faith effort to notify you.
Links to Third Party Websites
Cuddle Bug Toy Factory LLC website may include links to third party websites
that are controlled and maintained by others. These linked websites each have
separate privacy policies independent of Cuddle Bug Toy Factory LLC privacy
policy. Any link to other websites, including those websites affiliated with
Cuddle Bug Toy Factory LLC, is not an endorsement of such websites and you
acknowledge and agree that we are not responsible for the content or
availability of any such sites. Access to these websites is at your own risk. To
maintain the integrity of the Website and to ensure you have a positive
experience on the Website, Cuddle Bug Toy Factory LLC welcomes feedback on any
linked websites.
Disclaimers
The Website is provided on an AS IS and AS AVAILABLE basis without any
representation or endorsement made and without warranty of any kind whether
express or implied. All products and services purchase from the Website are subject to any applicable warranties, if any, of their respective manufacturers
and/or suppliers. We disclaim all warranties of any kind, either expressed or
implied, for any products or services listed on the Website to the fullest
extent permissible by law. In addition and without limiting the generality of
the foregoing, we disclaim any liability resulting from, but not limited to, the
following: product defect, failure, misuse, modification, normal wear and tear,
improper selection, and fitness for a particular purpose. Exclusions to implied
warranties or limitations on liability may not be applicable in some states.
Check your local laws for such limitations.
Limitation of Liability
To the extent permitted by law, Cuddle Bug Toy Factory LLC, its employees,
agents, licensors, licensees, and affiliates will not be liable for any indirect
or consequential loss or damage whatever (including without limitation loss of
business, opportunity, data, profits) arising out of or in connection with the
use of the Website. Cuddle Bug Toy Factory LLC makes no warranty that the
functionality of the Website will be uninterrupted or error free, that defects
will be corrected or that the Website or the server that makes it available are
free of viruses or anything else which may be harmful or destructive. Cuddle Bug
Toy Factory LLC does not assume any responsibility or liability for any damages
to or any viruses that may infect your computer or other equipment, caused by
your use of the Website.
You agree that your sole remedy is to cease using the Website. In the event of
any problem arising from use of the Website or the products and services
purchased from this website, you agree that your sole remedy, if any, is from
the manufacturer of such products or supplier of services in accordance with
existing manufacturer or supplier warranties even if Cuddle Bug Toy Factory LLC
has been advised of the possibility of such problems. You may also seek a refund
or exchange for product or service in accordance with our Return Policy posted
on the Website.
Indemnification
You agree to indemnify and hold Cuddle Bug Toy Factory LLC and its employees,
agents, licensees, licensors, and affiliates harmless from and against all
liabilities, legal fees, damages, losses, costs and other expenses in relation
to any claims or actions brought against Cuddle Bug Toy Factory LLC arising out
of any breach by you of these Terms and Conditions or other liabilities arising
out of your use of the Website.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with
the laws of the state of New Jersey and you hereby submit to the exclusive
jurisdiction of the New Jersey courts. Furthermore, you agree that the venue in
any legal proceeding directly or indirectly arising out of or relating to the
Website (including but not limited to the purchase of products sold on the
Website) shall be in the state or federal courts located in Middlesex County,
New Jersey. Any cause of action or claim you may have arising out of or relating
to the Website (including but not limited to the purchase of products sold on
the Website) must be commenced within one (1) year after the cause of action or
claim arises.
Severance
If any of these Terms and Conditions should be determined to be invalid, illegal
or unenforceable for any reason by any court of competent jurisdiction then such
Term or Condition shall be severed and the remaining Terms and Conditions shall
survive and remain in full force and effect and continue to be binding and
enforceable.
Miscellaneous Provisions
Cuddle Bug Toy Factory LLC's failure to enforce or insist upon strict
performance of any provisions of these Terms and Conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these Terms
and Conditions. Cuddle Bug Toy Factory LLC may assign its rights and duties
under this Terms and Conditions Agreement, to any party at any time without
notice to you.
For further information please email:
customerservice@cuddlebugfactory.com
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