Legal Terms of Use

1.      Overview

These Terms of Use shall apply to your use of any Laura’s Wholesome Products Web site(s) (referred to as "LWP’s Web site(s)" and the "Web site(s)").

LWP’s Web site(s) are owned and operated by Cuddletime, Inc., a company based in Venice, CA, and its affiliates (collectively "LWP"). The Web site(s) are designed to provide general information about LWP and its products and services. Nothing contained on LWP’s Web site(s) is intended to offer medical advice for the treatment of illness or disease, or to be a substitute for professional medical advice, diagnosis or treatment. Should you have a medical condition, promptly see your healthcare provider. Specific questions pertaining to your medical condition and appropriate treatment should be directed to your healthcare provider. You should never disregard professional medical advice or delay in seeking it because of something you have read on LWP’s Web site(s). Before using any product or service discussed on the Web site(s), please consult your healthcare provider, if you are not sure the product(s) is right for you.

In addition, nothing presented here is intended to provide advice about the products supplied by LWP. For specific information and instruction relative to LWP’s products, please refer to the product labeling supplied with all LWP products.

2.      Acceptance of Terms

LWP’s Web site(s) are offered to you, subject to the following terms, conditions and notices contained or referenced herein (the "Terms of Use"), which govern use of the Web site(s). By using the Web site(s), you signify your agreement to the Terms of Use. If you do not agree to all of these Terms of Use, please do not use LWP’s Web site(s). LWP reserves the right, at its discretion, to update or revise the Terms of Use without notice to you. Your continued use of the Web site(s) following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.

3.      LWP’s Privacy Policy

Information you provide through LWP’s Web site(s) is subject to LWP’s Privacy Policy. If you provide any information via the Web site(s) it shall be deemed that the content is not confidential. LWP shall be free to use this information. In addition, if you give any feedback to LWP, it shall be deemed that the content is not confidential. LWP shall be free to use any ideas, concepts, know-how or techniques contained in your feedback for any purpose and to reproduce and disclose the information to third parties without limitation.

4.      Scope of Use

LWP’s Web site(s) and the information contained in reference herein are for general informational purposes only. Any reproduction or copying of any materials or design elements of the Web site(s) is strictly prohibited, without the prior written consent of LWP. Requests for permission to reproduce any information contained on the Web site(s) should be addressed to Laura’s Wholesome Products, 4712 Admiralty Way #146, Marina Del Ray, CA 90292.

Notwithstanding the above, LWP authorizes you to make one (1) electronic or paper copy of the information posted on any page on the Web site(s), provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on LWP’s Web site(s). Systematic retrieval of data or other content from the Web site(s) to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of LWP is prohibited.

5.      Government Regulations

LWP offers products that are offered to retail, wholesale, and private parties for personal use.  All products are manufactured according to government agencies relative to food manufacturing in the United States.

LWP’s Web site(s) contain information about products which may or may not be available in any particular country and, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.

Nothing contained on LWP’s Web site(s) should be construed as a promotion or solicitation for any product or for the use of any product. Specific questions about products described on LWP’s Web site(s) should be directed to us at info@lauraswholesomejunkfood.com.

6.      Links to Third-Party Site(s)

LWP’s Web site(s) may contain links to other Web site(s) ("Linked Site(s)"), including PayPal to process orders. The Linked Site(s) are not under the control of LWP and LWP is not responsible for the contents of any Linked Site, including, without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. LWP is providing Linked Site(s) to you only as a convenience, and the inclusion of such Linked Site(s) is not necessarily an endorsement by LWP in favor of any company offering products or services on the Linked Site. LWP accepts no responsibility for any loss or damage that may arise from your use of or reliance on any content products or services available on or through a Linked Site.

7.      Links from Third-Party Site(s)

You may link to LWP’s Web site(s) provided you do so in a way that is fair and legal and in accordance with LWP’s Linking Policy.  Permission to link to any pages contained within LWP Web site(s) must be obtained first.

LWP reserves the right to withdraw, without notice, your permission to link to the Web site(s).

8.      Account, Password, Confidentiality and Security

You may be required to provide an account and password to access portions of LWP’s Web site(s). You agree to be fully responsible for all access, use and activities that occur under your account and password. You are solely responsible for maintaining the confidentiality of your account and password. You must NOT disclose your account and password to anyone. You must NOT leave any computer unattended while logged on to any of LWP’s Web site(s). You agree to immediately notify LWP of any breach of security of your account or password, such as theft, unauthorized use, attempted use, or tampering. You agree to exit and log out from your account at the end of each session. The account and password must not be transferred from the person that it was issued to. Replacement accounts can be obtained from LWP.

9.      No Unlawful or Prohibited Use

As a condition of your use of LWP’s Web site(s), you warrant that you will not use the Web site(s) for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Web site(s) in any manner that could damage, disable, overburden, or impair the Web site(s) or any user of the Web site(s), or interfere with any other party's use of the Web site(s). You may not use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Web site(s) or to intercept or expropriate any system, data or personal information from the Web site(s). You also agree that you will not upload, post or transmit any communications or content of any type that (1) infringes or violates any rights of any party, (2) is false, inaccurate, misleading or fraudulent, (3) violates any applicable law, statute, rule or regulation. You will not use the Web site(s) to access any third party site(s) or cause damage to them.

10.  Intellectual Property

You acknowledge and agree that information presented to you through the LWP Web site(s) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by LWP, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web site(s) in whole or in part. Any rights not expressly granted herein are reserved.

11.  Notice of Copyright Infringement

Notice of claims of copyright infringement on LWP’s Web site(s) may be sent to:

LWP Legal Department: Intellectual Property
Cuddletime, Inc.
4712 Admiralty Way #146
Marina Del Ray, CA 90292

LWP will endeavor to remove in a timely manner any content which infringes the copyright of any person under the laws of the United States upon receipt of written notice in a manner consistent with the requirements set forth in 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.

12.  Trademark and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging and designs of all LWP or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to LWP or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on LWP’s Web site(s) confers on you any license or right under any patent or trademark of LWP or any third party.

13.  Disclaimer of Warranties

All materials, information, products and services included in or available through LWP’s Web site(s) are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

LWP has made and will continue to make diligent efforts to include accurate and up-to-date information on the Web site(s). However, LWP makes no warranties or representations, express or implied, that the information contained or referenced in the Web site(s) is accurate, complete, reliable or correct; that the Web site(s) will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. You agree that all access to and use of the Web site(s), any Linked Site and the contents thereof are at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

14.  Limitation of Liability

Neither LWP nor any party involved in creating, producing or delivering LWP’s Web site(s), or any Linked Site, shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use the Web site(s) or any Linked Site, or any errors or omissions in the content thereof. LWP reserves the right to alter the content of the Web site(s) in any way (including removing links to any Linked Site(s)), at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. In addition, LWP expressly disclaims any and all liability related to, arising from, or connected with a third party Linked Site.

These limitations apply whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if LWP has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, LWP’s liability in such jurisdictions shall be limited to the maximum extent permitted by law and any exclusion or restriction on liability for death or personal injury arising from LWP’s negligence or fraud will not apply if it is prohibited in your jurisdiction.

15.  Indemnification

You agree to defend, indemnify and hold harmless LWP and its subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees from and against any and all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Web site(s), your use of the Web site(s), your violation of the Terms of Use or your violation of any rights of another person or entity.

16.  Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You and LWP expressly agree to submit to the exclusive jurisdiction and venue of the courts in Los Angeles County, California, in all disputes arising out of or relating to the use of the Web site(s).

17.  Severability and Integration

Unless otherwise specified herein, these Terms of Use (together with the documents referred herein) constitute the entire agreement between you and LWP and govern your use of the Web site(s), superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and LWP. If any portion of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

18.  No Waiver

The failure of LWP to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

19.  Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship will exist between you and LWP as a result of these Terms of Use or your use of the Web site(s). Nothing contained in these Terms of Use is in derogation of LWP’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web site(s) or information provided to or gathered by LWP with respect to such use. A printed version of these Terms of Use and of any notice given 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.

20.  Termination

LWP reserves the right, in its sole discretion, to terminate your access to all or part of the Web site(s), with or without notice to you. You agree that LWP shall not be liable to you or any third party for any termination of your access to the Web site(s).

Last Updated:  September 5, 2007 5, 2007

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