Welcome to the Cuddledown.com website (the "Site"). Cuddledown Inc. provides this Site as a service to its customers. Please review the following terms carefully that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.
Cuddledown Inc. reserves the right, at any time, to modify, alter or update any terms or conditions applicable to the Site, and you agree to be bound by such modifications, alterations or updates.
The Site is to be used by you for your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Cuddledown Inc. has been granted. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless you obtain prior express written consent from Cuddledown Inc. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not provide to Cuddledown Inc. or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Cuddledown Inc. or cause Cuddledown Inc. to lose (in whole or in part) the services of our suppliers or the business of our customers.
Products & Services
The products and services made available by Cuddledown Inc. and its suppliers on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining prior written consent from Cuddledown Inc. Cuddledown Inc. and its suppliers may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return and shipping policies, may apply to your purchase and are incorporated by reference herein.
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Cuddledown Inc. and other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Cuddledown Inc. and other parties is granted to or conferred upon you. Reproduction of, storage of, or references to materials on this Site are subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. and the Lanham (Trademark) Act, Title 15 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Cuddledown Inc. trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information. Cuddledown is a registered trademark of Cuddledown, Inc.
You agree that all ideas, comments, suggestions or other information that you provide to Cuddledown regarding the Site or products and services provided on the Site (the "Feedback") shall be Cuddledown Inc.'s property, and may be used by Cuddledown Inc. on a non-confidential and unrestricted basis, without compensation or attribution to you.
You agree that Cuddledown Inc. has no obligation to, but is authorized to, monitor and review information you transmit over the Site. You agree that Cuddledown Inc. may censor, edit, remove or prohibit the transmission or receipt of any information that Cuddledown Inc. deems inappropriate or in violation of these terms and conditions, and use any such information as necessary to provide the Site and to protect the rights of Cuddledown Inc. You agree that Cuddledown Inc. may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
This Site includes links to other web sites. Cuddledown Inc. provides such links solely as a convenience to you and for informational purposes only. Cuddledown Inc. has not reviewed all of the information on these other web sites and does not regularly monitor changes to them. The inclusion of these links in no way indicates Cuddledown Inc.'s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither Cuddledown Inc., nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
Accuracy of Content
We endeavor to provide the most current and accurate information on this site at all times. However, there may be occasions when some of the information featured on this Site may be incomplete, inaccurate or out-of-date. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. But please be aware that we present our content "as is" and make no claims to its accuracy, either expressed or implied. Cuddledown Inc. reserves the right to correct errors or to update product information at any time without prior notice. In the event that a product is listed at an incorrect price, Cuddledown Inc. shall have the right to refuse or cancel any orders placed for product at the incorrect price. Cuddledown Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Cuddledown Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Cuddledown Inc. has made every effort to display as accurately as possible the colors of our products that appear on the Site. The actual colors you see will depend in large part on your own computer and monitor, and we cannot guarantee that your monitor's display of any color will be accurate.
Cuddledown Inc. and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Cuddledown Inc. and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry of information, whether caused by you or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
You expressly agree that any claim or controversy arising out of or related to this agreement, the Site, or the services or products provided on or through the Site shall be settled by binding arbitration to be held in Portland, Maine, in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Cuddledown Inc. from seeking any injunctive relief in any court of competent jurisdiction for protection of Cuddledown Inc.'s intellectual property rights. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maine for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving Cuddledown Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Site providers. This agreement is governed by the internal substantive laws of the State of Maine, without respect to conflict of laws principles. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No right or remedy of Cuddledown Inc. shall be exclusive of any other, whether at law or in equity, including limitation damages, injunctive relief or attorneys' fees and expenses. No instance of waiver by Cuddledown Inc. of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND OTHER THAN WHAT THE LAW REQUIRES. CUDDLEDOWN INC. HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY RELEVANT LAW, YOU AGREE THAT IN NO EVENT SHALL CUDDLEDOWN INC., ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY CUDDLEDOWN INC. OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, OTHER THAN RETURNS, REPLACEMENTS, OR REFUNDS ALLOWED IN ACCORDANCE WITH CUDDLEDOWN'S POLICIES THAT GOVERN SUCH MATTERS.
You agree to indemnify and hold Cuddledown Inc. and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these terms and conditions or your violation of any law or the rights of a third party. Cuddledown's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.