1. Overview
These Terms of Use shall apply to your use of any Laura's
Wholesome Junk Food Web site(s) (referred to as "LWJF’s
Web site(s)" and the "Web site(s)").
LWJF’s Web site(s) are owned and operated by Cuddletime,
Inc., a company based in Venice, CA, and its affiliates (collectively
"LWJF"). The Web site(s) are designed to provide
general information about LWJF and its products and services.
Nothing contained on LWJF’s Web site(s) is intended to
offer medical advice for the treatment of illness or disease,
or to be a substitute for professional medical advice, diagnosis
or treatment. Should you have a medical condition, promptly
see your healthcare provider. Specific questions pertaining
to your medical condition and appropriate treatment should
be directed to your healthcare provider. You should never
disregard professional medical advice or delay in seeking
it because of something you have read on LWJF’s Web site(s).
Before using any product or service discussed on the Web site(s),
please consult your healthcare provider, if you are not sure
the product(s) is right for you.
In addition, nothing presented here is intended to provide
advice about the products supplied by LWJF. For specific information
and instruction relative to LWJF’s products, please refer
to the product labeling supplied with all LWJF products.
2. Acceptance of Terms
LWJF’s Web site(s) are offered to you, subject to the
following terms, conditions and notices contained or referenced
herein (the "Terms of Use"), which govern use of
the Web site(s). By using the Web site(s), you signify your
agreement to the Terms of Use. If you do not agree to all
of these Terms of Use, please do not use LWJF’s Web site(s).
LWJF reserves the right, at its discretion, to update or revise
the Terms of Use without notice to you. Your continued use
of the Web site(s) following the posting of any changes to
these Terms of Use constitutes your acceptance of those changes.
3. LWJF’s Privacy Policy
Information you provide through LWJF’s Web site(s) is
subject to LWJF’s Privacy Policy.
If you provide any information via the Web site(s) it shall
be deemed that the content is not confidential. LWJF shall
be free to use this information. In addition, if you give
any feedback to LWJF, it shall be deemed that the content is
not confidential. LWJF shall be free to use any ideas, concepts,
know-how or techniques contained in your feedback for any
purpose and to reproduce and disclose the information to third
parties without limitation.
4. Scope of Use
LWJF’s Web site(s) and the information contained in
reference herein are for general informational purposes only.
Any reproduction or copying of any materials or design elements
of the Web site(s) is strictly prohibited, without the prior
written consent of LWJF. Requests for permission to reproduce
any information contained on the Web site(s) should be addressed
to Laura’s Wholesome Products, 4712 Admiralty Way #146,
Marina Del Ray, CA 90292.
Notwithstanding the above, LWJF authorizes you to make one
(1) electronic or paper copy of the information posted on
any page on the Web site(s), provided that the copy is used
solely for non-commercial, personal purposes, and further
provided that any such copy remains protected by all copyright,
trademarks, service marks, and other proprietary notices and
legends contained on LWJF’s Web site(s). Systematic retrieval
of data or other content from the Web site(s) to create or
compile, directly or indirectly, a collection, compilation,
database or directory without the written permission of LWJF
is prohibited.
5. Government Regulations
LWJF offers products that are offered to retail, wholesale,
and private parties for personal use. All products are
manufactured according to government agencies relative to
food manufacturing in the United States.
LWJF’s Web site(s) contain information about products
which may or may not be available in any particular country
and, may be approved or cleared by a government regulatory
body for sale or use with different indications and restrictions
in different countries.
Nothing contained on LWJF’s Web site(s) should be construed
as a promotion or solicitation for any product or for the
use of any product. Specific questions about products described
on LWJF’s Web site(s) should be directed to us at info@lauraswholesomejunkfood.com.
6. Links to Third-Party Site(s)
LWJF’s Web site(s) may contain links to other Web site(s)
("Linked Site(s)"), including PayPal to process
orders. The Linked Site(s) are not under the control of LWJF
and LWJF is not responsible for the contents of any Linked
Site, including, without limitation, any link contained on
a Linked Site, or any changes or updates to a Linked Site.
LWJF is providing Linked Site(s) to you only as a convenience,
and the inclusion of such Linked Site(s) is not necessarily
an endorsement by LWJF in favor of any company offering products
or services on the Linked Site. LWJF accepts no responsibility
for any loss or damage that may arise from your use of or
reliance on any content products or services available on
or through a Linked Site.
7. Links from Third-Party Site(s)
You may link to LWJF’s Web site(s) provided you do so
in a way that is fair and legal and in accordance with LWJF’s Linking Policy. Permission
to link to any pages contained within LWJF Web site(s) must
be obtained first.
LWJF reserves the right to withdraw, without notice, your
permission to link to the Web site(s).
8. Account, Password, Confidentiality and Security
You may be required to provide an account and password to
access portions of LWJF’s Web site(s). You agree to be
fully responsible for all access, use and activities that
occur under your account and password. You are solely responsible
for maintaining the confidentiality of your account and password.
You must NOT disclose your account and password to anyone.
You must NOT leave any computer unattended while logged on
to any of LWJF’s Web site(s). You agree to immediately
notify LWJF of any breach of security of your account or password,
such as theft, unauthorized use, attempted use, or tampering.
You agree to exit and log out from your account at the end
of each session. The account and password must not be transferred
from the person that it was issued to. Replacement accounts
can be obtained from LWJF.
9. No Unlawful or Prohibited Use
As a condition of your use of LWJF’s Web site(s), you
warrant that you will not use the Web site(s) for any purpose
that is unlawful or prohibited by these Terms of Use. You
may not use the Web site(s) in any manner that could damage,
disable, overburden, or impair the Web site(s) or any user
of the Web site(s), or interfere with any other party's use
of the Web site(s). You may not use any device, software or
routine, including, but not limited to, any viruses, trojan
horses, worms, time bombs or cancel bots intended to damage
or interfere with the proper working of the Web site(s) or
to intercept or expropriate any system, data or personal information
from the Web site(s). You also agree that you will not upload,
post or transmit any communications or content of any type
that (1) infringes or violates any rights of any party, (2)
is false, inaccurate, misleading or fraudulent, (3) violates
any applicable law, statute, rule or regulation. You will
not use the Web site(s) to access any third party site(s)
or cause damage to them.
10. Intellectual Property
You acknowledge and agree that information presented to you
through the LWJF Web site(s) is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
Except as expressly authorized by LWJF, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works
based on the Web site(s) in whole or in part. Any rights not
expressly granted herein are reserved.
11. Notice of Copyright Infringement
Notice of claims of copyright infringement on LWJF’s
Web site(s) may be sent to:
LWJF Legal Department: Intellectual Property
Cuddletime, Inc.
4712 Admiralty Way #146
Marina Del Ray, CA 90292
LWJF will endeavor to remove in a timely manner any content
which infringes the copyright of any person under the laws
of the United States upon receipt of written notice in a manner
consistent with the requirements set forth in 17 U.S.C. §
512(c)(3). United States law provides significant penalties
for submitting such a statement falsely.
12. Trademark and Service Mark Rights
All rights in the product names, company names, trade names,
logos, product packaging and designs of all LWJF or third-party
products or services, whether or not appearing in large print
or with the trademark symbol, belong exclusively to LWJF or
their respective owners, and are protected from reproduction,
imitation, dilution or confusing or misleading uses under
national and international trademark and copyright laws. The
use or misuse of these trademarks or any materials, except
as permitted herein, is expressly prohibited and nothing stated
or implied on LWJF’s Web site(s) confers on you any license
or right under any patent or trademark of LWJF or any third
party.
13. Disclaimer of Warranties
All materials, information, products and services included
in or available through LWJF’s Web site(s) are provided
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LWJF has made and will continue to make diligent efforts to
include accurate and up-to-date information on the Web site(s).
However, LWJF makes no warranties or representations, express
or implied, that the information contained or referenced in
the Web site(s) is accurate, complete, reliable or correct;
that the Web site(s) will be available at any particular time
or location; that any defects or errors will be corrected;
or that the content is free of viruses or other harmful components.
You agree that all access to and use of the Web site(s), any
Linked Site and the contents thereof are at your own risk.
Because some jurisdictions do not permit the exclusion of
certain warranties, these exclusions may not apply to you.
14. Limitation of Liability
Neither LWJF nor any party involved in creating, producing
or delivering LWJF’s Web site(s), or any Linked Site,
shall be liable in any manner whatsoever for any direct, incidental,
consequential, indirect or punitive damages arising out of
your access, use or inability to use the Web site(s) or any
Linked Site, or any errors or omissions in the content thereof.
LWJF reserves the right to alter the content of the Web site(s)
in any way (including removing links to any Linked Site(s)),
at any time, for any reason, without prior notification, and
will not be liable in any way for possible consequences of
such changes. In addition, LWJF expressly disclaims any and
all liability related to, arising from, or connected with
a third party Linked Site.
These limitations apply whether the alleged liability is
based in contract, tort, negligence, strict liability, or
any other basis, even if LWJF has been advised of the possibility
of such damage. Because some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages,
LWJF’s liability in such jurisdictions shall be limited
to the maximum extent permitted by law and any exclusion or
restriction on liability for death or personal injury arising
from LWJF’s negligence or fraud will not apply if it
is prohibited in your jurisdiction.
15. Indemnification
You agree to defend, indemnify and hold harmless LWJF and
its subsidiaries, affiliates, directors, officers, agents,
co-branders or other partners and employees from and against
any and all liabilities, claims and expenses, including reasonable
attorneys' fees, made by any third party due to or arising
out of content you submit, post to or transmit through the
Web site(s), your use of the Web site(s), your violation of
the Terms of Use or your violation of any rights of another
person or entity.
16. Choice of Law and Forum
These Terms of Use shall be governed by and construed in
accordance with the laws of the State of California. You and
LWJF expressly agree to submit to the exclusive jurisdiction
and venue of the courts in Los Angeles County, California,
in all disputes arising out of or relating to the use of the
Web site(s).
17. Severability and Integration
Unless otherwise specified herein, these Terms of Use (together
with the documents referred herein) constitute the entire
agreement between you and LWJF and govern your use of the Web
site(s), superseding any prior or contemporaneous communications
and proposals (whether oral, written or electronic) between
you and LWJF. If any portion of these Terms of Use are held
invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as
nearly as possible, the original intention of the parties,
and the remaining portions shall remain in full force and
effect.
18. No Waiver
The failure of LWJF to enforce any provisions of these Terms
of Use or respond to a breach by you or other parties shall
not in any way waive its right to enforce subsequently any
terms or conditions of these Terms of Use or to act with respect
to similar breaches.
19. Miscellaneous
You agree that no joint venture, partnership, employment,
or agency relationship will exist between you and LWJF as a
result of these Terms of Use or your use of the Web site(s).
Nothing contained in these Terms of Use is in derogation of
LWJF’s right to comply with governmental, court and law
enforcement requests or requirements relating to your use
of the Web site(s) or information provided to or gathered
by LWJF with respect to such use. A printed version of these
Terms of Use and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based
upon or relating to these Terms of Use to the same extent
and subject to the same conditions as other business documents
and records originally generated and maintained in printed
form.
20. Termination
LWJF reserves the right, in its sole discretion, to terminate
your access to all or part of the Web site(s), with or without
notice to you. You agree that LWJF shall not be liable to you
or any third party for any termination of your access to the
Web site(s).
Last Updated: September 5, 2007
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