Terms + Conditions
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Terms + Conditions

Terms and Conditions
Welcome to PoppySmooches.com!  All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.  When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service.   We reserve the right to change any of the information on Poppysmooches.com and these terms and conditions this site agree that access to and use of this site are subject to the following terms and conditions at any time.  By using this site, you are agreeing to the Terms and Conditions contained herein. 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  If you do not agree to these terms and conditions, please do not use this site.

Use of PoppySmooches.com

By using PoppySmooches.com you represent and warrant that you are at least 18 years of age or are using PoppySmooches.com with the permission and supervision of a parent or guardian.

Subject to these Terms and Conditions, PoppySmooches.com hereby grants you a  revocable, limited, non-exclusive license to access and use the PoppySmooches.com website on your computer or mobile device. You may not modify, reproduce, display or otherwise make commercial use of any content from the PoppySmooches.com website unless expressly permitted in writing by PoppySmooches.com. PoppySmooches.com reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user's conduct violates applicable laws or is otherwise harmful to PoppySmooches.com.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of PoppySmooches.com. The collective work includes works that are licensed to PoppySmooches.com. Copyright 2016, PoppySmooches.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PoppySmooches.com or purchasing PoppySmooches.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with PoppySmooches.com or to purchase PoppySmooches.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by PoppySmooches.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of PoppySmooches.com used in the site are trademarks or registered trademarks of PoppySmooches.com.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, PoppySmooches.com disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose and non-infringement. PoppySmooches.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. PoppySmooches.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
PoppySmooches.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PoppySmooches.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a PoppySmooches.com product is mistakenly listed at an incorrect price, PoppySmooches.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PoppySmooches.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled,PoppySmooches.com shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by PoppySmooches.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
PoppySmooches.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to PoppySmooches.com.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PoppySmooches.com products shall be in the state or federal courts located in Carver County, MN. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PoppySmooches.com products must be commenced within one (1) year after the claim or cause of action arises. PoppySmooches.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PoppySmooches.com may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a PoppySmooches.com  or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
PoppySmooches.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, PoppySmooches.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, PoppySmooches.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PoppySmooches.com in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless PoppySmooches.com, its officers, directors, employees, agents, license and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, PoppySmooches.com may link to sites operated by third parties. However, even if the third party is affiliated with PoppySmooches.com, PoppySmooches.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PoppySmooches.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PoppySmooches.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

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