Terms

This website (the “Site”) is operated by C&A Marketing, Inc. (the “Company”). Throughout the Site, the terms “we”, “us” and “our” refer to the Company. The Company offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site, signing up for a newsletter, and/or purchasing something from us, you engage in our “Services” and agree to be bound by these Terms of Service (“Terms”) and any other applicable document referred to herein. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our Site, as doing so includes your ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC ASSENT CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS AND HONOR ALL TRANSACTIONS YOU ENTER INTO. If you do not agree to these Terms, please do not use this Site. If these Terms should be considered an offer, you acknowledge that our acceptance is expressly limited to the specifications and conditions stated herein.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website without notice. Accordingly, it is your responsibility to check this page periodically for changes. Your continued use of or access to our Site following the posting of any changes constitutes acceptance of those changes.

These Terms give you specific legal rights, but you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions may not apply to you, but shall be limited to the maximum extent permitted by law.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to offer our Services to you.

1. Account and Access

(a)        To use the Services, you have an option to either (1) register for a user account (“Account”); or (2) enter your email, shipping and billing information as a guest, both of which will require the disclosure of certain personal information at varying degrees. You represent and warrant that all information you submit is truthful and accurate and that your use of the Services does not violate any U.S. or other applicable law or regulation. By using the Services, you hereby expressly acknowledge and agree that you are entirely responsible for maintaining the confidentiality of your personal information and for all activities that occur under your name. You acknowledge that you provide your personal information at your own risk and that we cannot be liable for any unauthorized purchases, loss, or damage arising from your failure to comply with these Terms. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

(b)       The individual who first creates an Account is the “Owner” of that Account. Individuals who are authorized by Owner to access the Site through the Account are “Authorized Users.” However, all responsibility for all actions of Authorized Users remains with the Owner.

(c)        Only individuals 18 years old (or equivalent minimum age in the jurisdiction where you reside) or older are permitted to act as Owners of Accounts. Owners may designate Authorized Users under 18 years old but over the age of 13, but must do so only if made under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

1. Scope of Services

(a)        Should you decide to set up of an Account, you have a non-transferable right to access and use the Services solely for lawful purposes and in accordance with these Terms.

(b)       We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services. However, intermittent interruptions and failures for a variety of reasons beyond our control can occur, and for which we cannot be responsible. We reserve the right to refuse service to anyone for any reason at any time.

• Access to and use of this Site are intended by the Company solely for your personal information, education and communication to the Company at the addresses indicated on the Site. Hence, the Company grants you a non-exclusive, non-sub-licensable and non-transferable license to use its content solely for non-commercial use and for no other purpose. The Company (or such third party that may own displayed trademarks) retains all rights, title and interests in the content and all other features of this Site.

 

• The Services may contain images of and links to other websites and online resources and you understand that by using the same and accessing third party links, you may be exposed to content that is offensive, harmful, inaccurate, or otherwise inappropriate. You understand and agree that the Company cannot be responsible or liable for said content, or the availability or accuracy of such websites or resources. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Links to such content, websites or resources do not imply any endorsement by the Company. Hence, you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

• The Company has no obligation to update, amend or clarify information on this Site. It is your responsibility to monitor changes to our site. The information contained herein had been abbreviated and may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or updated sources of information. Any reliance on the material on this site is at your own risk. 
• Any news releases or certain historical information contained on this Site are dated to indicate the last time such information was modified by the Company. No other specified date or refresh date applied in this Site should be taken to indicate that information contained in archived press releases was updated past its initial publication date. The Company undertakes no obligation to update, amend or clarify previously published press releases.

 

1. Ownership and Intellectual Property

 

The text, images, graphics, video and/or audio files and their arrangement on this Site are our property and/or our licensors’ and are subject to trademark, copyright and other types of protection. Such content may not be copied for commercial use or distribution, nor may the content be modified or posted on other websites. You must obtain a license from us for these types of activities.

 

1. Visitor Activities

 

(a)        Unless specifically requested by us in writing, please do not send us any creative or original concepts, ideas, materials or products, or confidential or proprietary information. You acknowledge and agree that all information submitted to us through this Site or any other channel shall constitute an assignment to us of all worldwide rights, titles and interest in all intellectual properties in the submission and shall not be limited in any way in its use, commercial or otherwise, of the same. We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. However, we shall be under no obligation to maintain the confidence of such submissions, to pay any compensation therefor, or to respond to you.

 

(b)       You are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. Hence, you represent and warrant that you have all rights necessary to do so, and in the manner in which you choose to do it. The Company reserves the right to remove any content that involve or affect the Company’s intellectual property rights and reputation at any time. 

 

(c)        You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

(d)       You do not have the right to:

 

(i)        Access information, services or other products that are not intended for your use;

(ii)       Use this Site or any of the Company’s other communication tools to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or to violate any law, regulation, court order or contract by which you are bound for any purpose that is tortious, abusive, intrusive of another person’s privacy, libelous, defamatory, embarrassing, obscene, immoral, threatening, racist, or hateful;

(iii)      Submit false or misleading information, collect or track the personal information of others, spam, phish, pharm, pretext, spider, crawl, or scrape;

(iv)      Probe, scan or test the vulnerability of any system or network related in any way to this Site;

(v)       Breach any security or authentication measures;

(vi)      Transmit data that contains viruses, worms, spyware, adware or any other code that adversely affects the operation of this Site or otherwise interferes with service to any host, network, or other user;

(vi)      Violate or attempt to violate the security of this Site;

• Breach any other obligations in these Terms or any other document applicable to you;
• Remove, obscure or alter any proprietary rights shown on or along with the Services; or

(ix)      Attempt to do any of the preceding or to solicit others to perform or participate in any unlawful acts.

 

 

1. Product and Pricing Information

 

• Actual product packaging and materials may contain more and different information than what is shown on our website. We recommend that you do not rely solely on the information presented and that you always read labels, warnings, and directions before using a product. Furthermore, we have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

• Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to refuse any order you place with us. For instance, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

• Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

• Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

• Products bearing the Company’s trademarks are sold in the United States and worldwide through retailers, distributors and licensees. Availability of any products displayed or described in this Site is subject to the supply thereof. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of the Company. The Company reserves the right to discontinue any product at any time.

 

• Our internet operations are established to sell products to end-consumers only. We do not sell products on our online platforms to customers who intend to re-sell or export the products, and any such resale is strictly prohibited. You must contact us for a special commercial arrangement involving such activities.

 

1. Limitation of Liability

 

• We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. THIS SITE AND THE CONTENT PROVIDED ON THIS SITE ARE PROVIDED “AS IS” AND THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO ITS USE, AVAILABILITY, ACCURACY OR PERFORMANCE. AS A VISITOR, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE AND ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE AND THE COMPANY MAKES NO REPRESENTATION THAT THE CONTENT IS COMPATIBLE WITH YOUR COMPUTER. THE COMPANY OR ITS AFFILIATES OR SUPPLIERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

1. Indemnification

 

YOU AGREE TO HOLD THE COMPANY (including and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees)  FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, INCURRED BY THE COMPANY AND ITS AFFILIATES AND SUPPLIERS ARISING FROM OR RELATED TO YOUR USE OF THIS SITE, YOUR BREACH OF OUR TERMS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

 

1. Privacy Statement

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

The Company is committed to protecting your privacy when you visit this Site. For information on how information is collected, used, or disclosed by the Company in connection with your use of this Site, please refer to our Privacy Statement which is incorporated into these Terms by reference and made an integral part hereof.

1. 7. Fees and Payment

Access to the Site and Services are offered to you for free by the Company. Hence, THE LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.

1. General

(a)        These Terms will remain in full force and effect so long as you continue to access or use the Site and Services, or until terminated in accordance with the provisions of these Terms. The Company reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof, or make changes to these Terms, with or without notice. Your continued use of the Site and Services shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.

(b)       These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Site and Services shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for the Middlesex County of New Jersey for the purpose of litigating all such claims or disputes. When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all terms, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

(c)        These Terms constitute the entire agreement between you and the Company regarding the use of the Site and Services. Any ambiguities in the interpretation of these Terms shall not be construed against the Company. Any failure by the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Waivers are effective only if in writing and signed by a duly authorized officer of the Company. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

(d)       The obligations in these Terms will survive any expiration or termination thereof.

(e)        These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without the Company’s prior written consent. These Terms may be assigned by the Company without restriction. These Terms are binding upon any permitted assignee.

Questions about the Terms of Service should be sent to us at info@sunnyandfun.com.