LEGAL STATEMENT
Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and use of this site will be subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
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 Big HugTM LLC. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with Big HugTM LLC or
purchasing Big HugTM LLC 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 Big HugTM LLC or to purchase Big HugTM LLC 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 Big HugTM LLC. 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 Big HugTM LLC used in the site are
trademarks or registered trademarks of Big HugTM LLC.
WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "as is" and without
warranties of any kind, whether express or implied. To the fullest extent permissible
pursuant to applicable law, Big HugTM LLC disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Big HugTM LLC 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. Big HugTM LLC does not make any warrantees 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. The only warranties applicable are those provided by the manufacturers. Big HugTM
LLC does not provide any warranties expressed or implied.
LIMITATION OF LIABILITY
Big HugTM LLC 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 Big HugTM LLC 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 Big HugTM LLC product is mistakenly listed at an incorrect price, Big
HugTM LLC reserves the right to refuse or cancel any orders placed for product listed at the
incorrect price. Big HugTM LLC 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, Big HugTM
LLC shall issue a credit to your credit card account in the amount of the incorrect price.
TERMS - 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 Big HugTM LLC 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
Big HugTM LLC 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 Big HugTM LLC.
OTHER
Use of this site shall be governed in all respects by the laws of the state of Michigan, 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 Big HugTM LLC products) shall be in the state or federal courts
located in Oakland County, Michigan. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of Big HugTM LLC products)
must be commenced within one (1) year after the claim or cause of action arises. Big HugTM
LLC'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. Big HugTM LLC 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 Big
Hug LLC 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
Big HugTM LLC 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, Big Hug LLC 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, Big Hug LLC 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 Big HugTM LLC in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Big HugTM LLC, its officers, directors,
employees, agents, licensors 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.
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