Terms of service
TERMS OF USE
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Snuggy Buddy Baby, LLC (hereinafter "Snuggy Buddy"), a company duly organized and validly existing, lo
SITE CONTENT
Except where otherwise expressly noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Snuggy Buddy Baby, LLC and or its affiliates. The posting of the Contents of this website neither constitutes a waiver of any of Snuggy Buddy Baby's proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, servicemarks, patents and other intellectual property, nor a transfer by implication, estoppel or otherwise of any such rights or of any license to the Site user or to any third party. Contents are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents that you obtain from the Site.
The Contents of the Site, and the Site as a whole, are solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. The display of trademarks within this Site does not grant you a license of any kind.You may download or copy the Contents and other downloadable materials displayed on the Site only for your personal use. No right, title or interest in any downloaded materials or software is given to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
PRODUCT & PRICING INFORMATION
Snuggy Buddy Baby, LLC products displayed on the Site are available while supplies last. In some cases, merchandise displayed for sale on the Site may not be available and prices are subject to change. Snuggy Buddy Baby, LLC is not responsible for typographical errors regarding price or availability of product.
DESIGN PROTECTION
No rights in the design of Snuggy Buddy Baby, LLC products, or designs incorporated in such products, shall pass to you except as an integral part of products purchased by you. You agree not to copy or reproduce, or cause to be copied or reproduced, either directly or indirectly, Snuggy Buddy Baby, LLC products, product designs, designs incorporated in such products, or product packaging. This Design Protection provision shall survive termination of this Agreement.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Snuggy Buddy's sites, products or services.
COMMENTS AND SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions offered or submitted to Snuggy Buddy Baby, LLC in connection with your use of this Site (collectively, "Comments") shall be Snuggy Buddy Baby's property. Such offer or submission of any Comments constitutes an assignment to Snuggy Buddy Baby of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Snuggy Buddy Baby, LLC is under no obligation to: (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) respond to any Comments.
1. You agree that Comments submitted by you will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Comments submitted by you will not be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
PRIVACY POLICY
In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. Snuggy Buddy Baby's use of any personal information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Snuggy Buddy Baby's protection of your personal information, please refer to our Privacy Policy page.
RISK OF LOSS
All items purchased will be delivered through shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SNUGGY BUDDY BABY, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR.
INDEMNIFICATION
You agree to indemnify and hold harmless Snuggy Buddy Baby, LLC, its directors, officers, employees, agents, co-branders, and affiliates, from and against any and all liability, loss, claim, demand, dispute, damages, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Snuggy Buddy Baby, LLC web site or product sold by Snuggy Buddy Baby, LLC.
LINKS TO OTHER WEB SITES
To the extent that this Site contains links to services and resources not within Snuggy Buddy Baby's control ("Third-Party Sources"), any claims or concerns regarding any Third-Party Sources, or any link thereto, should be directed to the particular Third-Party Source. You agree that Snuggy Buddy Baby, shall not be liable to you for your use of any Third-Party Sources
DISCLAIMER
IN NO EVENT SHALL SNUGGY BUDDY BABY, LLC OR ANY OF ITS AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF SNUGGY BUDDY BABY, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INACCURACY DISCLAIMER
From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
COLORS AND APPEARANCE
We have have strived to ensure colors of our products that appear on our site are as accurate as possible. However because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurately portrayed.
CHOICE OF LAW AND VENUE/JURISDICTION
This Site is controlled and operated by Snuggy Buddy Baby, LLC in New Jersey. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of New Jersey, without regard to its principles of conflict of laws. Any action arising under or relating to this Agreement shall be brought exclusively in the courts of the state of New Jersey.
THIRD-PARTY TRADEMARKS
Third-party trademarks, trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners and may not be used without permission.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
RELEASE
In the event you have a dispute, you agree to release Snuggy Buddy Baby, LLC(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
TERMINATION
This Agreement is effective unless and until terminated by either you or Snuggy Buddy Baby, LLC. You may terminate this Agreement at any time after which time you agree that you shall not access the Site. Snuggy Buddy Baby, LLC may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site. Upon any termination of this Agreement by either you or Snuggy Buddy Baby, LLC, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
Please direct any questions to Snuggy Buddy Baby, LLC as follows:
Telephone: 518-527-8577
Email: info@snuggybuddy.com