Terms of service
Terms of Service
Overview
This website is operated by Cushioned Canine, a registered trade name (DBA). Whenever the terms "we," "us," or "our" are used on this website, these terms refer to Cushioned Canine. We offer this website, and all the tools, information, and services on the website, to you, the user, on the condition that you agree to all the policies, terms, notices, and conditions set forth on the website.
When you use the website or make any purchases on the website, you are utilizing the "Service" on the website and agree to be bound by these Terms of Service, also referred to as the "Terms." These Terms include any additional terms or policies referenced or linked to on the website and in these Terms. These Terms apply to all visitors and users of the website, including, but not limited to, customers, merchants, vendors, browsers, and content contributors.
Please read these Terms carefully before utilizing the website. You are not permitted to use the website or the services if you do not agree to each and every one of the terms and conditions set forth in these Terms. These Terms, if considered an offer, are accepted by the user only in the specific Terms and no other terms.
Any new features or tools that are being developed and/or included in the Service shall be equally governed by these Terms. You can access the most recent version of these Terms at any time by locating the most recent version of these Terms on this page.
Our online store is operated by Shopify Inc. They are the provider of the platform that allows us to operate our business and sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By using the Service, you represent and warrant that you are of legal age to form a binding contract, or, if you are not of legal age to form a binding contract, you have obtained the consent of a parent or legal guardian to use the Service. You are strictly prohibited from using the Service for any unlawful or unauthorized activities, or for violating any applicable law of the jurisdiction in which you are located, including but not limited to, copyright law, while using the Service. You are not permitted to transmit any destructive code, worms, or viruses. A breach of these terms shall terminate your service immediately.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any moment and for any reason. You understand that data (except credit card information) may be transmitted without encryption and may adapt to technical needs of networks and devices. Credit card data is always transmitted with secure encryption. You agree not to copy, reproduce, duplicate, sell, resell, or exploit in any way our Service or access to it, use of it, or contacts made via websites without our explicit written permission. The section and section titles used in this document do not affect its interpretation and do not limit its terms and conditions in any way.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We assume no liability for any inaccuracies, incompleteness, or outdatedness of the data presented in our website. Any actions taken by you in reliance on materials presented in our site must not be used as sole basis for decision-making without cross-validation with more accurate and current sources of data. Any and all materials presented in our site may be historical in nature and may not reflect current data. We may change the data in our site at any time without prior warning. You agree that it is your sole responsibility to keep updated with any and all changes in our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
We may change prices of products at any time without prior warning. We may change or terminate our Service and any part of it without prior warning at any time. We will not be liable for any change in our Service or its termination for any reason.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Products or services might be available only online, in the website store. They might be limited in stock and might be exchangeable or returnable only in accordance with the Return Policy. Although we try to display the colors and images of products as accurate as possible, we cannot guarantee how accurate the colors and images will be on your screen. We might, on a case-by-case basis, limit the sale of products or services to certain individuals, based on their location, region, or individual circumstances, and might limit the amount or quantity of the products or services. Prices and product or service descriptions might be changed at any time, and without notice, at our sole discretion. We might, at any time, discontinue any product or service. Any offer to sell products or services on the site will be void if prohibited by law. Except as required by applicable law, we don't guarantee the quality of the information, materials, services, or products you receive, and don't guarantee the correction of errors on the Service.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We might refuse any order. We might, at our sole discretion, cancel or limit the quantity of products or services per order, or per household, or per person. These limits might be on orders paid with the same credit card, account, billing address, or shipping address. We might, at any time, try to contact you if we cancel or modify an order, at the phone number and email address or billing address provided during the checkout process. We might, at any time, restrict or prohibit orders if they appear to be from distributors, resellers, or dealers.
You agree to provide accurate, complete, and current account and purchase information for each transaction. You agree to keep your information, such as email, credit card numbers, and expiration dates, up to date and accurate, in order for us to process your transaction and contact you if necessary. For more information, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may, at our discretion, allow you access to third-party tools, which are beyond our control, not inputted by us, and not monitored by us. Your use of the third-party tools shall be an acknowledgment of the fact that the use of these tools shall be “as available” and “as is” without any warranty, guarantee, or condition of any sort on our part. Your use of the tools on the website shall be solely at your own risk and discretion. Any future features or services that might be included on the website, which are in the nature of tools, shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The content, services, and products on the Service may include information and content from third parties. Some of the third-party links on the website might lead to websites which are not affiliated with us. We are not responsible for the content or the accuracy of the content on these websites and cannot be held liable for any damages or harms suffered by the user on account of the use of the products and services on these websites. We cannot be held liable for any damages or harms suffered on account of the use of the products and services on these websites. For any information, query, or grievance, the user shall directly contact the concerned party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
When you submit comments or information to us, such as entries to contests or promotions at our request, or when you voluntarily send proposals, ideas, or any content to us or to others by email, postal mail, or any means, including online (collectively, comments), you agree that we may use, distribute, publish, and/or copy the comments, and/or edit comments, at any time and in any way, without any restriction or any obligation to compensate or keep the comments confidential, or to respond to the comments.
We may, but are not obligated to, remove, edit, or monitor content we deem to be objectionable, obscene, pornographic, defamatory, threatening, offensive, unlawful, or in violation of anyone’s intellectual property rights (including trademarks and copyrights). All this is at our sole discretion. You agree that your comments do not violate anyone’s rights, including those of third parties, regarding their proprietary rights, privacy rights, trademarks, copyrights, and the like. Your comments also do not contain obscene, abusive, or libelous content, and do not transmit viruses or malware that can harm the Service and related sites. You do not use a forged e-mail address, impersonate another person, or mislead us and others as to who made the comment. Lastly, you are entirely responsible for the content and accuracy of your comments. We are not responsible and have no liability of any kind regarding comments you submit and those submitted by others.
SECTION 10 - Personal Information
Submission of personal data via the store is subject to our Privacy Policy.
SECTION 11 - Errors, Inaccuracies, and Omissions
We make every effort to ensure that the information on this site and Service is accurate and up-to-date. Despite this, there may be instances where there are typographical errors, omissions, and inaccuracies regarding availability, transit times, shipping charges, offers, promotions, pricing, and product descriptions. We have the right to correct errors, update information, and cancel orders at any time without prior notice (even after an order is placed), should we find anything inaccurate in the Service and related sites.
SECTION 12 - Prohibited Uses
Aside from all other prohibitions in these Terms and Conditions, you may not use the site or its contents for:
(a) any illegal purpose;
(b) soliciting others to participate in or commit unlawful acts;
(c) violating any local, state, provincial, federal, or international laws, rules, and regulations;
(d) infringing our intellectual property rights and rights of others;
(e) discriminating against people with disability, national origin, age, race, ethnicity, religion, sexual orientation, and gender through intimidation, disparagement, slander, defamation, harm, insult, abuse, and harassment;
(f) submitting misleading and false information;
(g) transmitting and uploading malicious code and viruses that may impact the Service, related sites, other sites, and the Internet;
(h) tracking and collecting personal information of others;
(i) scraping, crawling, spidering, pretexting, phishing, pharming, and spamming;
(j) any immoral and obscene purpose; and
You shall not circumvent or interfere with the security features of the Service, other sites, and the Internet. If you break any of these rules, we have the right to end your use of the Service and sites.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we do not promise that using our Service will be secure, error-free, on time, or uninterrupted. To the fullest extent permitted by applicable law, you agree that we're not responsible for any costs (including reasonable lawyers' fees), liabilities, damages, losses, or claims that come from using the website or from any breach of these Terms of Service. Nothing in these Terms is intended to limit any rights you may have under applicable consumer protection laws that cannot be waived.
SECTION 14 - INDEMNIFICATION
You agree to defend Cushioned Canine and our affiliates and everyone connected to us—our parent company, employees, interns, suppliers, subcontractors, service providers, licensors, contractors, agents, directors, officers, partners, subsidiaries, and representatives—from any third-party claims or demands (including reasonable attorneys’ fees) that arise because of your breach of these Terms or your violation of any law or someone else’s rights.
SECTION 15 - SEVERABILITY
If any of the provisions of these Terms is determined to be illegal, invalid, or unenforceable in any respect under any applicable law, it is agreed that such provision will be enforced to the maximum extent permitted under applicable law, and such determination will not affect the enforceability of the remaining provisions of these Terms.
SECTION 16 - TERMINATION
Liabilities and obligations incurred prior to termination will not be affected by termination. These Terms will continue to apply to you and us unless terminated in accordance with this section. You may terminate at any time by notifying us of your decision not to use our services or by ceasing to use our website. We may terminate at any time if we determine in our sole judgment that you have breached any of the provisions of these Terms. You will be liable for all outstanding obligations prior to termination and for our blocking access to our services (in whole or in part).
SECTION 17 – ENTIRE AGREEMENT
Unless we specifically say otherwise, not enforcing a right or a rule is not a waiver of that right or rule. These Terms, as well as any rules or policies we describe on this site regarding the Service, represent the whole of our understanding with you. It overrides all prior or even simultaneous proposals, communications, or agreements – spoken or written – including prior versions of these Terms.
SECTION 18 – GOVERNING LAW
These Terms and any other agreements related to our Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. Any disputes arising out of or relating to these Terms or our Services shall be resolved in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You may find the latest version of these terms on this page. We may, at our sole discretion, update or change any part of these terms by posting such update or change on our website. It is your responsibility to check this website from time to time to be aware of any updates or changes to these terms.
Contact Information
Store Name: Cushioned Canine
Address: 635 E Angeleno Avenue, Unit E, Burbank, CA, 91501, USA
Email: support@cushionedcanine.com
Phone: (213) 349-6082
Customer Service Hours: Monday to Friday: 9:00 AM – 5:00 PM (PST)
We do our best to reply to your e-mail within 1–2 business days.