Terms of Service
This website, located at www.plushhome.com or www.plushhome.org, and all content and services available through it (collectively, the "Site") are provided by Plush Home, Inc. (“Plush Home") under this Terms of Service and any amendments to the Terms that Plush Home may publish from time to time (the "Terms"). BY ACCESSING, BROWSING, PURCHASING THROUGH OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. If you do not agree to abide by the Terms, please do not use the Site or download content from the Site.
In placing a telephone or email order, you agree to provide only true, accurate, current and complete information, and agree to update that information to keep it true, accurate, current and complete. Plush Home shall have the right to bar your access to the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Plush Home.
Intellectual Property Rights
This Site, including all graphics, text, photographs, drawings, software, sound, videos or other material available through the Site (collectively, the "Content"), is protected by worldwide copyright, trademark and other proprietary laws and treaty provisions. Except as expressly authorized by Plush Home, you agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on the Site or any Content available through the Site.
Plush Home authorizes you to view and download Tear Sheets that are available through the Site only for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. Other than Tear Sheets, Plush Home does not authorize any other images, text, internet video images, or press materials to be disseminated, copied, downloaded without the express consent of Plush Home and/or owners of material.You agree not to access the Site, or provide access to the Site, by means other than the interface that is provided by Plush Home for use in accessing the Site.
Representations and Warranties
You represent and warrant that:
You understand and agree that all Content is the sole responsibility of the person from whom that Content originated, which means you are responsible for all Content you post or transmit via the Site.
You agree that you will not use the Site in any way to:
Orders, Payment Terms
You agree that your placement of an email order on the Plush Home site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within Plush Home’s sole discretion, and unless otherwise agreed by Plush Home, payment must be received by Plush Home prior to Plush Home’s acceptance of an order. Plush Home may accept payment via Visa, MasterCard, Discover, American Express, Personal Check, Cashier’s Check, or Money Order. Orders are not binding until the order is accepted by Plush Home. Plush Home may need to verify any information you provide before Plush Home accepts an order, and may cancel or limit an order any time after it has been placed. Plush Home expressly conditions it acceptance of your order on your agreement to the Terms. Invoices are due and payable within the time period indicated on the invoice. You agree to pay interest on all past-due sums at the highest rate allowed by law.
Any delivery or shipment date provided by Plush Home to you is Plush Home's good faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Plush Home shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery. Plush Home cannot ship to P.O. Boxes. Title to any product and risk of loss passes from Plush Home to you on shipment from Plush Home’s facility. You will be charged separately for shipping and handling, and all shipping and handeling.
Pricing and Sales Tax
All prices are subject to change. Plush Home shall have the right to refuse, cancel or limit any order placed for products listed at the incorrect price, whether or not an order confirmation has been sent and/or payment has been made. If payment has already been made and your order is canceled or limited, Plush Home shall refund any payment you made for any item that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Plush Home shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California, Colorado, District of Columbia, Florida, Kentucky, Illinois, Maryland, Massachusetts, New York, Pennsylvania, Texas and Washington. You are solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN REGARD TO THE SITE AND ALL CONTENT THEREON, PLUSH HOME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PLUSH HOME DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, PRICE AVAILABILITY, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. PLUSH HOME DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS IN THE SITE, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL PLUSH HOME, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY ENTITY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, EVEN IF PLUSH HOME IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Plush Home, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Site, any Content you transmit via the Site, or your violation of the Terms.
Changes to the Terms
Plush Home reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time.
Changes to the Site
Plush Home may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Plush Home Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Plush Home shall not be liable therefor.
Your Contact With Third Parties
Your dealings or communications through the Site with any party other than Plush Home are solely between you and that third party, and Plush Home does not make any representations or warranties with respect to any goods, services or information which may be obtained from such third parties and Plush Home shall not be liable therefor.
No Reselling of Services on the Site
You agree not to sell, resell, reproduce, duplicate, copy or use for any unauthorized purposes any portion of the Site, or use of or access to the Site.
This Site is controlled, operated and administered by Plush Home from its offices within the United States of America. Plush Home makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
Choice of Law and Forum; Arbitration
The Terms shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Any claim or controversy arising in any way out of or relating to the Terms shall be filed in a court of competent jurisdiction sitting in Los Angeles, California. Both parties consent to exclusive jurisdiction in that county, provided, however that either party may elect to settle any litigation in any way arising out of or relating to these Terms of Service by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.