Terms & Conditions
Terms and Conditions
This website and/or its mobile applications ("Website") is owned and operated by The CUDDLY Group, Inc. (hereafter, "CUDDLY"), with participation by various vendors offering goods and services via the Website. These terms of use ("Terms of Use"), located at cuddly.com/terms-conditions, apply to your use of this Website and any account you may establish on the Website. Your use of the Website is conditioned upon your acceptance of these Terms of Use. Your continued use of this Website constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Website. We may update these Terms of Use from time to time in our sole discretion and post an updated version of the notice at the URL provided above.
These terms apply to all visitors and users of our website, including registered rescues, pet parents, licensors, and vendors, but some provisions apply to each party differently.
NOTICE OF CLASS ACTION WAIVER: PLEASE NOTE THAT THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER. ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE OR ARISING OUT OF YOUR ACCESS TO OR USE OF THIS WEBSITE MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE THE SECTION TITLED "DISPUTE RESOLUTION / CLASS ACTION WAIVER" BELOW.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE OUR WEBSITE IN ANY WAY. THE USE OF OUR WEBSITE IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE.
YOUR INFORMATION AND WEBSITE CONTENT
You represent that all of the information, data and other materials you provide on this Website or to CUDDLY through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided, as appropriate. Some features that may be available on this Website require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
All content that you see or read on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, user submissions, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) ("Content") is the exclusive property of its owner (CUDDLY and/or its licensors and/or partners) and is protected by copyright, trademark and other applicable laws. Without CUDDLY's or the owner/rights holder's prior written consent you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content in any way for any purpose, including using Content on any other website. However, you may print pages from this Website for personal, non-commercial use, provided that you include a copyright notice on each page.
PRIVACY POLICY
Your use of the Website is further conditioned upon your acceptance of our privacy policy ("Privacy Policy"). Your continued use of this Website constitutes your agreement to the Privacy Policy. A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this Website is located at cuddly.com/privacy-policy. You consent to any personal information we obtain about you (either via this Website, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of our Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion and post an updated version of the notice at the URL provided above. The Privacy Policy is hereby incorporated herein by reference.
USE OF WEBSITE
CUDDLY grants to you a limited license to access and make personal use of this Website. CUDDLY or its licensors or content providers retain full and complete title to the Content available on the Website, including all associated intellectual property rights, and provide this Content to you under a license that is revocable at any time in CUDDLY's sole discretion. CUDDLY strictly prohibits any use of the Content available through the Website (unless you own or have rights to the content), including but not limited to: (i) any downloading, copying or other use of the Content or the Website for purposes competitive to CUDDLY or for the benefit of another vendor or any third party; (ii) any caching, unauthorized linking to the Website or the framing of any Content available on the Website; (iii) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Content, products or services obtained from the Website that you do not have a right to make available (such as the intellectual property of another party); (iv) any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer; (v) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Website (including, but not limited to the use of any "scraping" or other data mining techniques, robots or similar data gathering and extraction tools); or (vi) any action that imposes or may impose (in CUDDLY's sole discretion) an unreasonable or disproportionately large load on CUDDLY's infrastructure, or damage or interfere with the proper working of our infrastructure. CUDDLY uses Google Maps Geocoding API. By using the Website, you agree to be bound by Google's Terms of Service located at https://www.google.com/intl/en/policies/terms/.
You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. You may not bypass any measures that have been implemented to prevent or restrict access to this Website. Any unauthorized access to the Website by you (including any such access or use that involves in any way an account you may establish on the Website or any device you may use to access the Website) shall terminate the permission or license granted to you by CUDDLY. CUDDLY reserves the right to refuse or cancel any registration for this Website, remove any person from the Website and prohibit any person from using the Website for any reason whatsoever, and to limit or terminate your access to or use of the Website at any time without notice. CUDDLY neither warrants nor represents that your use of the Content available on this Website will not infringe rights of third parties not affiliated with CUDDLY. Termination of your access or use will not waive or affect any other right or relief to which CUDDLY may be entitled, at law or in equity.
REGISTRATION ON THE WEBSITE
Registration requires you to (1) indicate agreement to these Terms of Use, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in CUDDLY's sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You will notify CUDDLY immediately of any unauthorized use of your CUDDLY account or the Website known to you, whether by you or a third party. You may cancel your CUDDLY account at any time by contacting CUDDLY customer support. CUDDLY may terminate your account and refuse any and all current or future use of the Website or other services, or any portion thereof, (i) in order to comply with applicable Law, (ii) if you provide any information that CUDDLY determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (iii) if CUDDLY determines, in its sole discretion, that you are using your CUDDLY account in a manner not permitted by these Terms of Use, or (4) in other circumstances, as CUDDLY deems appropriate in its sole discretion.
PURCHASES
If you purchase a gift at CUDDLY for a rescue animal, you are purchasing the price of the item selected plus any applicable taxes, handling and shipping charges. The gift is then ordered and shipped to the recipient animal rescue or shelter.
CUDDLY may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances, CUDDLY deems appropriate in its sole discretion. CUDDLY also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. CUDDLY will either not charge you or refund the charges for orders that we do not process or cancel.
CUDDLY accepts returns on certain merchandise on a case-by-case basis. For CUDDLY's Return Policy, which may change from time to time, please see https://www.CUDDLY.com/faq-page.
CUDDLY attempts to provide accurate descriptions of products and services on the Website. CUDDLY does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Website is not as described, your sole remedy is to return the item, as specified in these Terms of Use.
CUDDLY strives to provide accurate pricing information regarding the products and services available on the Website. We cannot, however, insure against pricing errors. CUDDLY reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Website as a result of an error. If this occurs, CUDDLY will notify you by email. In addition, CUDDLY reserves the right, at its sole discretion, to correct any error in the stated full retail price.
CUDDLY offers free ground shipping on most orders. Free shipping may not always be available on some items, such as large crates, that have a delivery surcharge due to the size, weight or special handling necessary to make sure your order arrives safely.
CUDDLY CLUB SUBSCRIPTIONS
CUDDLY applies a small fee for administering the club transactions. This fee covers the administrative costs to execute each order on behalf of our shelter/rescue partners, sales tax (when applicable in each state), shipping and handling expenses. Your monthly subscription is tax-deductible for the full amount of the donation (excluding the transaction fee).
YOUR SUBMISSIONS
Any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that any user, whether individual or Vendor, submits to us by electronic mail or otherwise, will be treated in accordance with these Terms of Use and our Privacy Policy.
For Vendors & Professionals:
Submitting and/or posting Content to the Website does not alter the ownership of the Content. The content you own continues to belong to you. By submitting and/or posting Content to the Website as an individual or registered party, you grant CUDDLY a royalty-free, non-exclusive license to use, reproduce, publish, distribute, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. This license may be revoked with 90 days' written notice to support@CUDDLY.com.
This license grants CUDDLY the ability to use your Content to create and promote/advertise your Vendor listing and CUDDLY's inspirational content platforms. For the same purpose, CUDDLY may reproduce, modify, adapt, publish, edit, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by CUDDLY to promote CUDDLY's inspirational content platforms, including but not limited to the reproduction, disclosure, transmission, publication, broadcast, and posting.
This license does not grant CUDDLY the ability to use your content to promote CUDDLY products and services other than those benefiting CUDDLY's inspirational content platforms. Should CUDDLY seek to use your content in such ways, CUDDLY must ask and receive your written permission to do so.
For All Users:
By submitting and/or posting Content to the Website, you automatically grant to CUDDLY a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by CUDDLY or licensed to others by CUDDLY for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast, and posting.
As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You acknowledge that you are responsible for any content you may submit through the Website, including the legality, reliability, appropriateness, originality, and copyright of any such content. You may not upload to, distribute or otherwise publish through this Website any content that: (i) is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) is obscene, sexually-explicit, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (iii) is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws; (iv) may contain software viruses or malware; (v) is an advertisement, solicitation, promotional material, "junk mail," "spam," chain letters, pyramid schemes or any form of commercial content; (vi) impersonates another person or misrepresents your affiliation with any person or organization; (vii) contains personal information (such as phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; (viii) contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; or (ix) contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Website to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Website to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases. Furthermore, you will not access the Website to obtain a list of users of the Website or access or use any secure or non-public areas of the Website without authorization or frame or link to the Website. CUDDLY does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Content. You acknowledge that any reliance on material posted by other users will be at your own risk. CUDDLY does not screen communications in advance and is not responsible for screening or monitoring material posted by users. CUDDLY reserves the right to remove Content, expel users and prevent their further access to the Website for violating these Terms of Use or the law.
For Referrers:
As a Refer-a-Friend member (a "Referrer"), you are subject to CUDDLY's Terms of Use and CUDDLY's Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for CUDDLY's Refer-a-Friend program:
Qualified Referral. A Qualified Referral is defined as a donation made at www.cuddly.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral per Referred Customer. Additional or repeat donations by the same Referred Customer will not count as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). For a blanket to be donated on the Referrer's behalf, the Referrer must submit the eligible email address and name of someone who has not yet donated on cuddly.com.
Referral Rewards. In order for a blanket to be donated on behalf of the referrer, the Referrer must submit an eligible email address and name of someone who has not yet donated on cuddly.com.
Reward Payments. The maximum Qualified Referrals earned per calendar year are unlimited.
Eligibility. Only individuals are eligible. CUDDLY's Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in CUDDLY's sole discretion.
No Spam. You must comply with all up-to-date "SPAM" laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination from CUDDLY's Refer-a-Friend program.
Right to Cancel Program or Change Terms. CUDDLY reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
REVIEWS
CUDDLY may permit users to post reviews of certain Vendors on Vendor Profiles or other areas of the website. "Reviews" consist of opinions and information left by other users about Vendors. Reviews may include initial reviews from a user and responses from a Vendor. As our website is a neutral venue, we cannot, do not, and will not make any comments on behalf of any user. We do not make judgments on the veracity of opinions or statements. We may, but are not required to, take certain steps to ensure the Review is accurate, including proof that a user conducted business (or attempted to conduct business) with a Vendor. In order to protect the integrity of the Reviews, we will only consider removing a Review: (i) that contains profane, vulgar, discriminatory or adult material: (ii) for which we are provided with a binding ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the Review is slanderous, libelous, defamatory or otherwise illegal or the court order requires removal; (iii) that makes any reference to actions taken or purported to be taken by CUDDLY or any law enforcement organization; (iv) that violates these Terms; (v) from a user that cannot be verified by use; or (vi) if required by law. Vendors may contact us to initiate a dispute over a Review. As a Vendor, you agree that you will not: (a) attempt to restrict in any way a user's right to post a review, by contract or otherwise; (b) offer a user cash or other compensation in any form in exchange for a more favorable review; (c) post and/or cut and paste and/or copy the content of a review from the website to your own personal or business site, to any other third party website and/or to or on any of your own personal, business or third-party marketing/advertising materials, regardless of the form; (d) attempt to gain Reviews by receiving multiple Reviews from the same user; (e) post or attempt to post, in any manner or by any means, a Review on your own account; or (f) misrepresent or impersonate another user. You, as Vendor, agree and acknowledge that CUDDLY shall be entitled to retain all Reviews associated with you (including any of your responses) as well as basic directory information about you (e.g., business name, address and telephone number). Reviews about you will not be Your Content or your personal information. At your request, however, we will remove any other of Your Content (i.e., content that is not publicly available or included in reviews).
NON-DISCRIMINATION POLICY
CUDDLY prohibits discrimination by Vendors or licensors against rescues, pet parents, donors, visitors, users, or any other party ("Protected Class") on the basis of race, ethnicity, color, religion, sex, national origin, ancestry, physical characteristic, disability, marital status, family status or composition, pregnancy status, sexual orientation, gender identity, gender expression, political affiliation, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law ("Protected Characteristic"). Such discrimination includes, but is not limited to, doing any of the following: refusing to provide goods or services to, or accept goods or services from, a member of any Protected Class on the basis of a Protected Characteristic; submitting discriminatory content on the Website; imposing any different terms or conditions upon a member of any Protected Class on the basis of a Protected Characteristic; or any other conduct that improperly takes into account any Protected Characteristic. CUDDLY will take steps, in its sole discretion, to enforce this policy, up to and including the suspension from the Website of anyone who violates this policy. In addition, Vendors should make every effort to be welcoming to pet parents of all backgrounds. Vendors who, in CUDDLY's belief, demonstrate a pattern of refusing to provide goods or services to pet parents who are members of a protected class (even while articulating legitimate reasons) undermine the strength of our community and may be suspended in CUDDLY's sole discretion. If you experience discrimination from any pet parent, rescue, guest, Vendor, CUDDLY employee, licensor, visitor, or user of the Website, please contact support@CUDDLY.com, with the subject "Non-Discrimination Policy", so we can investigate and take appropriate measures.
DISCLAIMER
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, OR REQUIRED BY APPLICABLE LAW, CUDDLY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY INFORMATION, DATA, OR DATA PROCESSING SERVICES RELATING TO YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. CUDDLY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.
SOME STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT PERMIT THIS TYPE OF DISCLAIMER, SO IT MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF CUDDLY. CUDDLY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE PRODUCTS OR SERVICES THEY PROVIDE.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND/OR FOR USE OF YOUR CUDDLY ACCOUNT, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE, AND/OR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER CUDDLY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS WEBSITE, OR ANY OTHER WEBSITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR CUDDLY ACCOUNT OR ANY TERMINATION OR CANCELLATION OF YOUR ACCOUNT; (4) ANY DELAY OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE WEBSITE; OR (6) ANY USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CUDDLY, ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED WEBSITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CUDDLY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH CUDDLY IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND CUDDLY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. CUDDLY'S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE US$100. 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, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE LIMITATION OF LIABILITY WITH RESPECT TO LIABILITY ARISING FROM ANY NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF A LEGAL DUTY, OR INTENTIONAL MISCONDUCT BY CUDDLY DOES NOT APPLY TO VISITORS OF THE SITE FROM NEW JERSEY.
LINKS
CUDDLY has not reviewed all of the websites linked to this Website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this Website. The inclusion of any link to such sites does not imply endorsement by CUDDLY of these websites. Your linking to any other pages or websites is at your own risk. You agree that CUDDLY will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or websites. We encourage you to read the terms and privacy statements of all such websites, as their policies may be materially different from ours.
COMMUNICATION
When you use the Website or send emails to CUDDLY, you are communicating with CUDDLY electronically. You consent to receive electronically any communications related to your use of this Website. CUDDLY will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from CUDDLY intended for receipt shall be deemed delivered and effective when sent to the email address you provide on the Website.
TERMINATION
You agree that CUDDLY may terminate your use of this Website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, violated the rights of CUDDLY or any third party, or for any reason with or without notice to you. You agree that CUDDLY may modify or discontinue this Website, with or without notice to you. You agree that CUDDLY will not be liable to you or any third party as a result of such modification or discontinuation. Notwithstanding any other provisions of these Terms of Use or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use. All licenses granted to CUDDLY will survive termination of the granting user's account or permission to access the Website.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless CUDDLY, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) ("Claims") asserted by a third party against CUDDLY that arise from: (i) your improper use of or access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party's right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms of Use and your use of the Website. This obligation to indemnify CUDDLY does not include and Claims asserted by a third party that arise from any negligent, grossly negligent, reckless, willful, fraudulent or intentional conduct committed by CUDDLY. New Jersey residents are not required to indemnify CUDDLY for any Claims arising from CUDDLY's negligent, grossly negligent, reckless, willful, fraudulent or intentional conduct.
TRADEMARKS
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Website are registered and unregistered trademarks of CUDDLY and others. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of CUDDLY or such third party that may own the Trademarks displayed on this Website. Your misuse of the Trademarks displayed on this Website, or any other Content on this Website, except as provided herein, is strictly prohibited.
COPYRIGHT
All Content included on this Website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of CUDDLY or its Content suppliers and protected by the U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of CUDDLY and protected by the U.S. and international copyright laws. All software used on this website is the property of CUDDLY or its software suppliers and protected by the U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this Website is strictly prohibited.
NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENTS
CUDDLY respects the intellectual property rights of others. Accordingly, if you are a copyright owner or an agent thereof and believe that any user Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CUDDLY to locate the material; (iv) information reasonably sufficient to permit CUDDLY to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. CUDDLY's designated Copyright Agent to receive notifications of claimed infringement is copyright@CUDDLY.com or CUDDLY, Inc., 150 Broadway, 19th Floor, New York, NY 10038, Attention: DMCA Complaint. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please provide CUDDLY with a separate notice each time you wish to report alleged acts of infringement.
PASSWORD
You may receive a password in connection with your use of this Website. You will be responsible to maintain the confidentiality of your password and account and will be solely responsible for all activities that occur under your password and account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify CUDDLY immediately. CUDDLY may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Website, have been made by you unless we receive a notice indicating otherwise.
FORCE MAJEURE
CUDDLY shall be excused from performance under these Terms of Use, to the extent, it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (i) weather conditions or other elements of nature or acts of God, (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (iii) quarantines or embargoes, (iv) labor strikes, or (v) other causes beyond the reasonable control of CUDDLY. In the event that CUDDLY is temporarily unable to ship to you a purchased item because of such an event, CUDDLY will give you the option of deferring shipment or receiving a refund of your charges.
DISPUTE RESOLUTION/CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH CUDDLY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and CUDDLY agree that CUDDLY intends that this Section satisfies the "writing" requirement of the Federal Arbitration Act.
To the fullest extent permitted by applicable law, you and CUDDLY agree that any controversy, allegation, or claim arising out of or relating to these Terms of Use or the Website, including but not limited to claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a "Dispute") - excluding Disputes in which you or CUDDLY seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property - shall be finally and exclusively resolved individually by final and binding arbitration before a sole arbitrator under the Consumer Arbitration Rules of the American Arbitration Association, as amended and in effect at the time arbitration is initiated (the "AAA Rules"). The AAA Rules are available online at www.adr.org, or by calling (800) 778-7879, and are hereby incorporated by reference.
You and CUDDLY further agree to the following with respect to the arbitration of any Dispute hereunder: (a) any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (b) the arbitrator may not consolidate more than one person's claims, may not otherwise preside over any form of a representative or class proceeding and may not award class-wide relief; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) each party will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules, but we reserve the right, in our sole discretion, to assume responsibility for any or all of the fees and costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys' fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys' fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
GENERAL PROVISIONS
These Terms of Use constitute the entire agreement and understanding between you and CUDDLY with respect to your use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. You may be subject to additional terms and conditions that are applicable to certain parts of the Website. If any portion of these Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to your use of this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflicts of law provisions. The failure of CUDDLY to act with respect to a breach of these Terms of Use by you or others does not waive CUDDLY's right to act with respect to subsequent or similar breaches. CUDDLY does not guarantee it will take action against all breaches of these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. You may not assign these Terms of Use by operation of law or otherwise without the prior written consent of CUDDLY, which may be withheld at CUDDLY's sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. CUDDLY may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.
CONTACT INFORMATION
If you have any questions or comments about these Terms of Use, please contact us by email at support@CUDDLY.com.
You may also write to us at:
CUDDLY
909 Electric Ave. #208
Seal Beach, CA 90740
LAST UPDATED
August 19, 2021
