Terms & Conditions

Acceptance of this Agreement

The Cuddle My Kids Website (the "Website") is provided to you under these "Terms of Use and Conditions" and any amendments to these Terms of Use and Conditions that may be posted by The Cuddle My Kids from time to time (collectively, this "Agreement"). BY ACCESSING, BROWSING AND/OR USING THE WEBSITE AND/OR ANY WEBSITES DIRECTING YOU TO THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. This Agreement constitutes the entire agreement between you and Cuddle My Kids and supersedes any prior agreements between you and Cuddle My Kids regarding the use and contents of the Website.

Donations

Donation are managed through the secure payment gateway Authorize.net. Your information will be secure at anytime. Please visit Authorize.net for more information.

Refund/Cancellation Policy

If for some reason you need to obtain a refund of your donation, please notify us within 7 days by e-mailing us at Info@CuddleMyKids.org. We will e-mail you a receipt for your refund as well as a reminder to disregard the previous receipt indicating you had made a tax-deductible donation.

Privacy

The Cuddle My Kids is committed to protecting your privacy. The information that we obtain through your use of the Website, or through any registration process or otherwise, is subject to our Privacy Policy. By using the site, you acknowledge that you have reviewed and agree to the use of Personally Identifiable Information as outlined in the Privacy Policy.

Modifications to this Agreement

Cuddle My Kids may make changes to this Agreement from time to time in its sole discretion, and will post any such changes on the Website. Your continued use of the Website constitutes your acceptance of any such changes.

Modification or Suspension of the Website

You agree that Cuddle My Kids may, in its sole discretion, and at any time, discontinue, suspend or modify its operation of the Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that Cuddle My Kids shall not be liable therefore.

User Conduct

You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials ("Content") are the sole responsibility of Cuddle My Kids from whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Website.

Limited Permission to Copy unless otherwise stated, the copyright and similar rights in all material published on the Website are owned by The Cuddle My Kids. No part of any database or any material appearing in any database may be reproduced, stored in, or transmitted to any other website. No material appearing in any database or on the Website may be disseminated in any form, whether electronic, non-electronic or otherwise, nor included in any retrieval system or service without the prior written permission by Cuddle My Kids. Any request for permission may be sent to:

Cuddle My Kids, Attn: Cathy Gabrielsen
Westtown Business Center
1560 McDaniel Drive, West Chester, PA 19382

You agree that you shall not use the Website in any way to:

  1. Post, disseminate or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
  2. Post, disseminate or transmit any Content which infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality;
  3. Post, disseminate or transmit any viruses or other harmful, disruptive or destructive files, code or programs;
  4. Intentionally or unintentionally violate any local, state, national or international law;
  5. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Website;
  6. Disseminate or transmit any Content that you do not have the right to disseminate or transmit under law or through any contractual or fiduciary relationship;
  7. Interfere with, disrupt, or harm in any way the Website or servers or networks connected to the Website;
  8. Stalk or otherwise harass another;
  9. Collect or store personal data about other users;
  10. Harm minors in any way;
  11. Engage in any activity that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
  12. Engage in any activity intended to withhold or cloak identity or contact information;
  13. Engage in or promote any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Websites providers, Websites, chat rooms or the like; or
  14. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

User Content

You acknowledge that Cuddle My Kids does not generally pre-screen content, but that Cuddle My Kids and its designees shall have the right (but not the obligation) in their sole discretion to edit, refuse or move any content that is available via the Website, including, but not limited to, the listings of the Cuddle My Kids Directory. Without limiting the foregoing, Cuddle My Kids and its designees shall have the right to remove any content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that Cuddle My Kids may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Cuddle My Kids, its users and the public. You understand that the technical processing and transmission of the Website, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

By posting content to the Website, or by transmitting content using the Website, (1) you represent and warrant to Cuddle My Kids that you have all necessary permission to post or transmit the information; and (2) you grant to Cuddle My Kids a worldwide, non-exclusive, perpetual, royalty-free, transferable right and license to use, sub-license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and /or to incorporate it in other works in any form, media, or technology now known or later developed.

International Use

You agree to comply with all applicable local laws regarding online conduct and acceptable content, including without limitation, laws regarding the transmission of technical data exported from the United States or the country in which you reside. No Reselling of Website--You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Website, or use of or access to the Website.

Termination

You agree that Cuddle My Kids may, in its sole discretion, and at any time, terminate your use of the Website, and may remove or delete any content within the Website, for any reason, without prior notice to you. You further agree that Cuddle My Kids shall not be liable to you or to any third-party for any termination of your use of or access to the Website. In the event of any termination of this Agreement or your use of or access to the Website, you agree that the provisions regarding Proprietary Rights, Indemnification, Disclaimer or Warranties, and Limitations of Liability shall survive any such termination.

Proprietary Rights

You agree that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or third-party advertisers, is protected by copyrights, trademarks, patents or other proprietary rights and laws. Except as expressly authorized by Cuddle My Kids or the applicable supplier, sponsor or advertiser, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on the Website or any Content (including, without limitation, any software) available through the Website.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE Website IS AT YOUR SOLE RISK. THE Website IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CUDDLE MY KIDSEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CUDDLE MY KIDS DOES NOT MAKE ANY WARRANTY THAT THE Website WILL MEET YOUR REQUIREMENTS, OR THAT THE Website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES CUDDLE MY KIDS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Website, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Website, AS TO THE QUALITY OF ANY PRODUCTS, WebsiteS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU OR ANY OTHER PERSON THROUGH THE Website OR AS A RESULT OF THE Website, OR AS TO ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT OF THE Website. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Website IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR ANY OTHER PERSON FROM THE CUDDLE MY KIDSOR THROUGH THE Website SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL THE CUDDLE MY KIDS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES, EVEN IF THE CUDDLE MY KIDS OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE Website, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WebsiteS RESULTING FROM ANY GOODS, DATA, INFORMATION OR WebsiteS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE Website, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Website, (5) THE CONTENT OF THE CUDDLE MY KIDS DIRECTORY, OR (6) ANY OTHER MATTER RELATING TO THE Website. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Storage of Content

You agree that Cuddle My Kids may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space that it will maintain for content disseminated or transmitted through the Website. You agree that Cuddle My Kids has no responsibility or liability for the deletion or failure to store any messages, communications or other content maintained, disseminated or transmitted through the Website. Your Contact With Advertisers Or Other Third-Parties Your dealings with advertisers or other third-parties found on or through the Website, including your participation in promotions, the payment for and delivery of goods and Websites, and any terms, conditions, warranties or representations associated with such dealings are solely between you and the third-party. Cuddle My Kids does not make any representations or warranties with respect to any goods or Websites which may be obtained from such third-parties, and you agree that Cuddle My Kids will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third-party, or as a result of the presence of such third-parties on the Website.

Links

The Website, or third-parties on the Website, may provide links to other Websites and/or resources over which Cuddle My Kids has no control. You agree that Cuddle My Kids has no responsibility for and no liability for the availability of such external Websites or resources, or for the Content, advertising, products or other materials available through such Websites or resources.

Indemnification

You agree to indemnify, defend and hold harmless Cuddle My Kids, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from and against any claim, demand, action, or damage, including reasonable attorneys' fees, made by any third-party due to, arising out of or related to your connection to the Website, your use of the Website, or your violation of this Agreement.

Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without giving effect to conflict of laws provisions. You and Cuddle My Kids agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County of California, USA.

Miscellaneous

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect. You agree that any claim or cause of action arising out of your use of the Website or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Any failure by The Cuddle My Kids to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.



This document was last updated on November 03, 2014.

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