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Welcome to Compass Digital Group LLC, dba Cottage and Bungalow and thank you for visiting our website at www.cottageandbungalow.com. This Agreement sets forth the legal terms and conditions of your use of the Cottage and Bungalow website.
1. Acceptance of Terms.
When using a particular feature of the website, you may also be subject to any posted guidelines, rules, privacy policies, or other contractual provision as noted. Cottage and Bungalow may update this Agreement from time to time without prior notice to you. We encourage you to review this Agreement periodically for any updates or changes.
You represent and warrant that you are at least 18 years old and are of sufficient legal age to use the website and to enter into the binding legal obligations you may incur as a result of use of the website. You agree to be financially responsible for any liability you may incur as a result of using the website.
2. Use of the website.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. You understand that Cottage and Bungalow cannot and does not guarantee or warrant that files available for downloading from the website will be free of infection or viruses, worms, malware, Trojan horses, or other computer programming routines that are intended to intercept or expropriate any system, data or personal information, or to damage, detrimentally interfere with any system. You are responsible for implementing sufficient firewalls, virus protections and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data. Customers agree to use the website in a manner consistent with any and all applicable laws and regulations that you will not post any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. You agree that you will not post on the website any defamatory, inaccurate, abusive, obscene, profane, offensive sexually-oriented, threatening, harassing, racially offensive, or illegal material, comments, suggestions, photos, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). We reserve the right to terminate or restrict your access to the website if, in our opinion, your use of the website may violate any laws, infringe upon another person's rights or violate the terms of this Agreement.
3. Intellectual Property.
(a). The contents of the website, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of Cottage and Bungalow and/or its partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the website solely for your personal non-commercial use or your non-commercial use or as otherwise permitted in writing. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Cottage and Bungalow, unless otherwise noted. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the website or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Cottage and Bungalow.
(b) Cottage and Bungalow, the logo, and all product and service names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Cottage and Bungalow, Inc. The use or misuse of any Marks or any other materials contained on the website, without the prior written permission of their owner, is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Cottage and Bungalow or any third party.
ANY UNAUTHORIZED USE OF ANY MATERIALS CONTAINED ON THIS WEBSITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND COMMUNICATIONS REGULATIONS AND STATUTES.
4. Disclaimer of Warranty and Limitation of Liability.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COTTAGE AND BUNGALOW DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, COTTAGE AND BUNGALOW DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS CURRENT, COMPLETE, OR ERROR-FREE. SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL COTTAGE AND BUNGALOW BE LIABLE TO A CUSTOMER FOR ANY AMOUNT IN EXCESS OF THE FEES ACTUALLY PAID BY CUSTOMER DIRECTLY TO COTTAGE AND BUNGALOW FOR PRODUCTS OR SERVICES PROVIDED HEREUNDER.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL COTTAGE AND BUNGALOW, IT'S SUBSIDIARIES, ASSOCIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALLY) BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE, THE COMMUNITY OR CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF COTTAGE AND BUNGALOW SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, COTTAGE AND BUNGALOW'S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
ALL OTHER WARRANTIES AND GUARANTEES ARE EXPRESSLY DISCLAIMED.
You agree to indemnify, defend and hold Cottage and Bungalow and its officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the website, (ii) your use or purchase of services or goods provided through the website, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Cottage and Bungalow's defense of any claim. Cottage and Bungalow reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Cottage and Bungalow.
6. Governing Law, Jurisdiction and Venue.
This Agreement and access to the website shall be governed by and construed in accordance with the law of the state of Tennessee, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of Tennessee and of the United States of America located in Tennessee for any litigation arising out of or relating to use of the website or purchases of services made through the website (and agree not to commence any litigation relating thereto except in such courts). You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of the state of Tennessee and agree not to plead or claim in any court in the state of Tennessee that such litigation brought therein has been brought in an inconvenient forum.
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
10. Shipping and Delivery.
See the “Shipping Info” Tab for the Terms and Conditions regarding Shipping. Customer agrees that Cottage and Bungalow is not liable for any damage that may be caused to Customer’s property by third-party shippers used to deliver products purchased using this website. Sales tax is applied to the total amount of the order in accordance with tax laws.
11. Third Party Beneficiary Rights.
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
12. Inaccuracy Disclaimer.
From time to time there may be information on our Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Cottage and Bungalow reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Cottage and Bungalow reserves the right to refuse an order that is incorrectly listed or inaccurately calculated at checkout.
13. Promotions and Exclusions.
From time to time, Cottage and Bungalow will offer promotions. You cannot combine current promotions with any other special pricing or offers. Promotions may not be applied to previous purchases, gift certificates or redeemed for cash. The promotional price applies to merchandise total before tax and shipping, and it excludes expedited delivery and oversized handling fees. Cottage and Bungalow reserves the right to change terms at any time. Please note: special offers and pricing are valid only while supplies last and cannot be used for rainchecks. Promotional offers void where prohibited by law.
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our website and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our website, to see if these Terms have changed. Continued use of the website after any changes to the Terms constitutes your consent to such changes.