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Terms & Conditions

TERMS OF USE

General:

The web address of www.cuddlduds.com is the official website for the Cuddl Duds brand (Cuddl Duds). Please read carefully the Terms of Use written below, because your use of www.cuddlduds.com website (hereafter, the “Site”) constitutes your acknowledgement and agreement to adhere with and be bound to these Terms of Use. If you do not accept these terms of use, you should not use this Site. We reserve the right to revise these terms of use from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

Acceptable and Prohibited Site Use: Security: You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

(1)        Using a false password or one belonging to another user, or accessing data not intended for the user, or logging into a server or account which such user is not authorized to access;

(2)        Disclosing a password, or permitting a third party to use a password, or failing to notify us if a password is compromised;

(3)        Attempting to probe, scan or test the vulnerability of the system or network, or to breach security or authentication measures without proper authorization;

(4)        Attempting to interfere with service to any user, host or network, including, without limitation, via means of “overloading”, “flooding”, “mail bombing” or “crashing”;

(5)        Sending unsolicited e-mail, including promotions and/or advertising of products or services;

(6)        Without the prior written consent of Cuddl Duds, distributing, modifying, transmitting, transferring, displaying, performing, reproducing, publishing, re-publishing, licensing, creating derivative works of, or selling any Site Content (hereinafter defined);

(7)        Transmitting, displaying, transferring, or submitting any spam, duplicate messages, unauthorized advertisements, unauthorized promotions, surveys, contests, giveaways, sweepstakes, Ponzi schemes, chain letters, or pyramid schemes;

(8)        Falsifying headers, creating a false identity, or otherwise forging or manipulating identifiers in order to deceive others or disguise the true origin of any user content transmitted or transferred to or via the Site;

(9)        Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or

(10)    Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.

General Rules:

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of Cuddl Duds or any others or violate the privacy or publicity or other personal rights of Cuddl Duds or any others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

Violations:

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Copyrights:

All content included on this Site, including images, illustrations, designs, icons, photographs, video clips, audio clips, logos, button icons, software, written materials and other materials (collectively, “Content”) are the property of Cuddl Duds  or its content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of Cuddl Duds and is protected by U.S. and International copyright laws. All software used on this Site is the property of Cuddl Duds or its software suppliers and is protected by U.S. and International copyright laws. The Contents and software on this Site may be used solely as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content or software on this Site is strictly prohibited. The Content on our Site, and the Site as a whole, are intended solely for personal use by the users of our Site. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred 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 Content, the Site, or any related software.

Product Information:

CuddlDuds’s products displayed on the Site are generally available in most cases in select department in the United States and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and Cuddl Duds makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location.

Orders, Prohibition on Reselling, and Price:

The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed.

Colors:

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. 

Comments and Submissions:

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Cuddl Duds on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, Comments) shall be and remain CuddlDuds’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Cuddl Duds of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. Notwithstanding anything herein to the contrary, you are and shall remain solely responsible for the content of any Comments you make.

Indemnification:

You agree to defend, indemnify and hold harmless Cuddl Duds and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including  attorneys' fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including attorneys' fees and court costs, arising or resulting from that disruption. Cuddl Duds reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Cuddl Duds in the defense of such matter and reimburse Cuddl Duds for any attorneys' fees or other legal or court costs incurred in connection with such defense.

Links to Other Web Sites:

To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which Cuddl Duds does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. Cuddl Duds makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by Cuddl Duds.

Disclaimer:

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. CUDDL DUDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, 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 MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUDDL DUDS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. CUDDL DUDS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

Limitation of Liability:

CUDDL DUDS ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. IN NO EVENT SHALL CUDDL DUDS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF CUDDL DUDS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, TORT 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, including those 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. We apologize for any inconvenience this may cause you.

Jurisdiction and Applicable Law:

The laws of the State of New York govern these Terms of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use:

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies means you accept the changes.

Entire Agreement and Admissibility:

These Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Cuddl Duds with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability:

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place.

Miscellaneous:

Unless otherwise specified and except to the extent Cuddl Duds products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Cuddl Duds products and services available in the United States and select foreign markets. This Site is controlled and operated by Cuddl Duds from its offices in New York, NY.

Third-Party Trademarks:

Third-party trade names, product names and logos, contained in this Site may be the trademarks or registered trademarks of their respective owners.

Termination:

This Agreement is effective unless and until terminated by Cuddl Duds. Cuddl Duds may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in CuddlDuds’s sole discretion you fail to comply with any term or provision of this Agreement.