Introduction
Welcome to the Casual Living® Blanket, Cozy Wedge Pillow, Holiday Throw website (the “Site”). This Site is owned and operated by Casual Living LLC (“Casual Living”, “we” “us” or “our”).
Please read these Terms and Conditions carefully before using our Site. By accessing or using the Site, you agree to be bound by these Terms and Conditions and all applicable laws and regulations. If you do not agree with these Terms and Conditions, you may not access or use the Site.
These Terms and Conditions are effective as of Jan 1, 2023. We may change these Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. By continuing to use the Site after we post any such changes, you accept the Terms and Conditions as modified.
Site Access
You must be at least 18 years old to access and use the Site. By accessing or using the Site, you represent and warrant that you are at least 18 years old.
Access to certain areas of the Site may only be available to users who have registered for an account. To register for an account, you must provide your real name, a valid email address, and any other information requested. Account registration may be disabled at times for maintenance or security reasons.
You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account. You agree to notify us immediately if you believe your account has been compromised. We reserve the right to suspend or terminate your account if unauthorized access occurs.
Intellectual Property
The Site contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Casual Living (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws.
Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Site or Content, and you will not use the Site or Content except as permitted under these Terms and Conditions.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Casual Living, or third parties. You may not use, copy, alter, modify, or change any Trademarks without the prior written consent of Casual Living or the third party that has rights to the Trademark.
Site Use
The Site and the services available through the Site are only for your personal, non-commercial use, unless you and Casual Living have agreed otherwise in writing. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Site. We grant you a limited license to access and make personal use of the Site and the Content. No right, title, or interest in any licensed Content or the Site is transferred to you.
You agree not to:
- Use the Site or Content for any unlawful purpose.
- Use automated systems, including scraping, crawling, or spidering to access, use, or modify the Site or obtain data from the Site.
- Transmit spam, chain letters, or other unsolicited communications.
- Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site.
- Use the Site to transmit, distribute, store or destroy material in violation of any applicable law or third party rights.
- Use the communication systems provided by the Site to harass, abuse, impersonate, or intimidate any person.
- Use the Site or Content other than for their intended purpose.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available.
- Violate any requirement, procedure, or policy of the Site.
- Restrict or inhibit any other person from using the Site.
- Reproduce, duplicate, copy, modify, adapt, download, store, sell, resell, visit, or otherwise exploit the Site or Content for any commercial purpose.
- Modify, translate, reverse engineer, decompile, or disassemble the Site or Content.
- Use any data mining, robots, or similar data gathering and extraction methods on the Site.
We may terminate your use of the Site at any time without notice if you violate these Terms and Conditions or any other policies or guidelines posted on the Site.
Purchases and Payments
You may have the option to purchase products or services through the Site. Any purchases are voluntary. We may use one or more third-party payment processors to process payments. All payment terms are provided by the third-party processor. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any third-party payment processors. We do not guarantee that the products, services, or Content will be available at all times or locations.
Prices for products and services may change at any time. Additional shipping charges, taxes, and other fees may apply to your purchase. We will disclose any shipping charges, taxes, and fees at the time of purchase. You are responsible for paying all shipping charges, taxes, and other fees.
All sales are final. We do not accept returns or provide refunds unless required by law. We are not responsible for any loss or damage incurred as a result of purchasing a product or service through the Site.
You agree to provide accurate and complete billing, shipping, and contact information when placing an order through the Site. You agree to promptly update your account information if it changes.
User Content
The Site may allow you to upload or publish content, such as comments, posts, photos, images, video, audio, or other submissions (collectively, “User Content”). You retain ownership of any User Content you submit.
By submitting User Content, you grant us an irrevocable, perpetual, non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, store, display, reproduce, modify, create derivative works, perform, distribute, and promote the User Content in any form and on any platform.
You represent and warrant that:
- You own the User Content or have the right to grant the license stated above.
- Posting and use of your User Content does not violate third party rights including copyright, trademark, privacy, personality, or other rights.
- Your User Content does not contain material that is unlawful, abusive, obscene, pornographic, defamatory, threatening, harassing, or racially or ethnically offensive.
- Your User Content does not install viruses, Trojan horses, worms, time bombs, zombies, cancelbots, spyware, corrupted files, or any other similar software or damage causing programs.
We reserve the right to moderate, reject, or remove User Content for any reason. We may edit, modify, or reformat User Content in order to promote the Site.
Feedback
We welcome feedback, comments, and suggestions about the Site. By submitting any feedback, comments, or suggestions (“Feedback”), you assign all rights in the Feedback to us and agree that:
- The Feedback does not contain confidential information.
- We are not under any obligation to keep the Feedback confidential.
- We may freely use, reproduce, disclose, publish, or distribute the Feedback for any purpose.
- We are not liable for any use or disclosure of Feedback you provide.
If the foregoing assignment of Feedback rights is ineffective for any reason, you agree to grant us a non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, store, display, reproduce, modify, create derivative works, perform, distribute and promote the Feedback in any manner and for any purpose.
Community Areas
The Site may contain comments sections, forums, message boards, chat rooms, review areas, social media pages, and other interactive features that allow feedback to be provided by users or allow users to interact (“Community Areas”). We are not responsible for any statements, representations, claims, opinions, advice, or other User Content contained within Community Areas.
Opinions expressed in Community Areas are not necessarily our opinions or endorsed by us. User Content does not represent our views. We do not guarantee the accuracy or truthfulness of any User Content. Community Areas may allow you to post or upload User Content including comments, recommendations, or other feedback. Any information posted within Community Areas is provided on an “as is” basis without warranties of any kind. We reserve the right to monitor Community Areas and remove or modify any User Content at our sole discretion.
Links to Third Party Websites
The Site may contain links to third party websites that are not under our control. We provide these links only as a convenience. We are not responsible or liable for the content of any linked site or any link contained within a linked site. We do not endorse any of these linked websites. We are not responsible for the quality or delivery of products or services offered, accessed, obtained by, or advertised at these sites. We are not responsible for any losses or damages arising from your use of these sites. You access these sites and use their products and services solely at your own risk.
Disclaimers
The site and the content are provided on an “as is” and “as available” basis without warranties of any kind. We disclaim all express and implied warranties including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the site or content will meet your expectations or requirements. We do not guarantee the site will be available at all times, in all locations, or error-free.
We make no representations about accuracy, reliability, completeness, or timeliness of the site or content. Use of the site and relying on the content is solely at your own risk. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation on Liability
We are not liable for any damages arising from use of the site including direct, indirect, special, incidental, or consequential damages. This may include damages for loss of profits, business interruption, loss of data or loss of goodwill.
Our total liability arising from or related to your use of the site is limited to the greater of $100 or the amount you paid to us, if any, in the past year. This limitation applies regardless of the cause of action including contract, warranty, tort, negligence, strict liability, loss of data, or injury arising from use of the site. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification
You agree to defend, indemnify, and hold Casual Living and our affiliates harmless from any claims, damages, costs, investigations, liabilities, losses, judgments, fees, and expenses arising out of or related to your access or use of the Site or Content, your User Content, your violation of these Terms and Conditions, or your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you at your own expense.
Governing Law
These Terms and Conditions are governed by the laws of the State of Delaware without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of courts located in Delaware for resolving any dispute arising out of or related to these Terms and Conditions or your access or use of the Site or Content.
Termination
We reserve the right to terminate your access to the Site at any time and for any reason, including violation of these Terms and Conditions. We are not liable to you or any third party due to termination of access.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Casual Living LLC regarding the subject matter. These Terms and Conditions supersede any prior agreement between you and Casual Living LLC.
