TERMS OF USE

These Terms of Use (“Terms of Use”) set forth the terms and conditions applicable to your access and use of the website located at PromisedComforterPress.com (the “Site”), however accessed and/or used, whether via personal computer, mobile device, or otherwise. The Site is a service of Promised Comforter Press, LLC (“Promised Comforter Press,” “us”, “our,” or “we”).

BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.

NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 9 AND 11 BELOW.

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY OR CHANGE THESE TERMS OF USE AT ANY TIME. WHEN WE DO, WE WILL ALSO REVISE THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS OF USE. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THE CURRENT TERMS OF USE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERTEXT LINK LOCATED ON OUR WEB PAGES. YOUR CONTINUED ACCESS AND/OR USE OF THE SITE AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS OF USE.

1. License to Use the Site. Subject to your compliance with these Terms of Use, we grant you a non-exclusive, non-transferrable, revocable, and limited license to access and use the Site solely to view information about the products offered by Promised Comforter Press and to purchase such products. You agree not to access or use the Site for any other purpose including, without limitation, any purpose that is prohibited by these Terms of Use or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts, and applicable licenses regarding your use of the Site.
   
   
2. Use of Content. You may make customary use of the Site using your web browser and personal computer or mobile device—i.e., use of a web browser to copy portions of the Site for display on your computer monitor. Similarly, service providers may make customary use of the Site to facilitate its availability to users, including customary caching, unless such practices would materially misrepresent the Site or any portion thereof. You may print, for personal use, up to twenty-five copies of any text, graphic, photograph, information, or combination thereof displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, provided that you (a) do not remove any notices or other information contained on such Content, and (b) strictly comply with the provisions of these Terms of Use, including without limitation Section 3 below.
   
   
3. Restrictions. Other than permitted uses of Content as provided in Section 2 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, distribute, perform, or display any Content without first receiving our express written permission. You further agree not to, without first obtaining our express written permission, (a) use any of our trademarks as metatags on other websites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
   
   
4. Payment. You agree to pay Promised Comforter Press for any purchases on the Site in accordance with the pricing and payment terms that Promised Comforter Press may issue from time-to-time. All amounts due are payable in U.S. dollars. If payment is made by a credit card and Promised Comforter Press does not receive payment from the applicable card issuer or its agents, you agree to pay all amounts due immediately upon demand in guaranteed funds. The sale of merchandise will include sales tax if applicable.  Purchases not subject to sales tax may be subject to use tax, and customers may be required to file use tax returns and pay use tax based on their state of residence.  Customers should consult their respective state taxing authorities regarding their use tax reporting and payment obligations.  Please view our Return Policy.
   
   
5. Termination of Access to the Site. We may, in our sole discretion, terminate your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly.
   
   
6. Third-Party Websites. We may provide hyperlinks to third-party websites and resources. We have no control over such websites and resources or the applicable privacy policies. You agree that Promised Comforter Press is not responsible or liable for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through the third-party websites and Internet resources.
   
   
7. Linking to the Site. We generally welcome links to the Site from other websites. However, if we demand that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.
   
   
8. Intellectual Property. Except for Content that is in the public domain or licensed from third parties, the Site and all Content is owned by (or licensed to) Promised Comforter Press or its licensors and is protected by intellectual property and/or other laws and may not be used, copied, or imitated in whole or in part. PROMISED COMFORTER PRESS and all related logos are trademarks of Promised Comforter Press and, subject to applicable law, may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Promised Comforter Press or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Except as otherwise expressly provided in these Terms of Use, all rights in and to the Site (including all Content) are expressly reserved by Promised Comforter Press.
   
   
9. No Warranties. The Site is provided on an “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” basis. We assume no liability or responsibility for any errors or omissions in respect of the Site including, without limitation, any errors or omissions with respect to any Content. You acknowledge and agree that you assume sole responsibility for ensuring that all Content is accurate and up to date. Further, we do not represent or warrant that any aspect of the Site will work properly or will be continuously available. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.
   
   
10. Indemnification. You hereby agree to indemnify and hold harmless Promised Comforter Press and its affiliates, officers, directors, employees, shareholders, information providers, suppliers, and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of or related to (a) your access and/or use of the Site including, without limitation, any Content, (b) any breach of any of these Terms of Use by you, and/or (c) any allegation which, if true, would constitute a breach of any of these Terms of Use by you.
    
    
11. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL PROMISED COMFORTER PRESS AND/OR ITS SUPPLIERS BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY, OR INABILITY TO USE THE SITE, THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND/OR THE INACCURACY OF ANY CONTENT, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF PROMISED COMFORTER PRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, PROMISED COMFORTER PRESS AND ITS SUPPLIERS AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF (Y) $5.00, OR (Z) THE SUM OF FEES PAID BY YOU HEREUNDER, IF ANY, DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE APPLICABLE CLAIM FIRST ARISES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
    
    
12. Release. In the event that you now or hereafter have a dispute with any person or entity arising from your use of the Site, you release Promised Comforter Press (and its officers, directors, agents, affiliates, suppliers, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Whether or not you are a California resident, you waive and relinquish all rights and benefits under any legal principle with the similar effect of California Civil Code §1542 in any jurisdiction with respect to the release granted above in this Section 12.
    
    
13. Modifications to the Site. For the avoidance of doubt, we may modify, suspend, discontinue, and/or restrict the use of all or any portion of the Site (including without limitation any Content contained on the Site) at any time for any reason (or for no reason) and without notice or liability.
    
    
14. Privacy. You consent to our Privacy Policy now and as it may be amended or changed from time to time.
    
    
15. Governing Law. These Terms of Use, and all matters arising out of or relating to the Site, shall be governed by the laws of the United States, excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Additionally, the Uniform Computer Information Transaction Act shall not apply to these Terms of Use or the Site.
    
    
16. Miscellaneous. These Terms of Use including, without limitation, (a) any other terms and conditions that may appear on the Site from time-to-time (such as, without limitation, additional representations that we may ask you to make when submitting information to the Site), and (b) any written terms and conditions that you and Promised Comforter Press may agree in a writing (executed by you and Promised Comforter Press with specific reference to these Terms of Use) are to supplement these Terms of Use (whether such writing is agreed to before, after, or concurrently with these Terms of Use), contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions, and understandings, both written and oral, with respect to such use and access of the Site. You may not transfer any rights or obligations you may have under these Terms of Use without our prior written consent. We may transfer our rights under these Terms of Use without your consent. If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms of Use shall remain in full force and effect. A printed version of these Terms of Use and of any notices given to you 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. The failure of Promised Comforter Press to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. None of Promised Comforter Press’s rights or remedies conferred by these Terms of Use are exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. We may provide notice to you relating to the Site and/or these Terms of Use by any reasonable means including, without limitation, sending an e-mail to your last known e-mail address, and any such e-mail notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.