TERMS AND CONDITIONS OF USE

Effective as of October 1, 2020

Welcome to Mothers Thoughts for the Day!

Thank you for using our products and services.

Please carefully review these Terms and Conditions of Use (“Terms of Use”) that govern your use of our website and services. By registering for, accessing, or using the https://mothersthoughtsfortheday.com/ website (“Website”) provided by Crystal Cove LLC (hereinafter “Crystal Cove”), you agree to be bound by these Terms of Use.

If you do not agree to these Terms of Use, you do not have the right to access or use this Website or its equipment in any way.

PLEASE READ THE TERMS OF USE CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ARBITRATION. ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OF USE, YOUR USE OF THE SERVICES, OR ANY RELATIONSHIP BETWEEN THE PARTIES SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.

Use of the Website

You may use the Website only according to the Terms of Use. You may not use the Website, or any information provided on the Website, for any commercial purpose. Your use of the Website is not transferable to any other person or entity. You are solely responsible for all activities that occur under your account, including but not limited to any content and data posted. You agree not to copy materials, content or any other information on the Website, remove any copyright or other proprietary notations from the materials or content, reverse engineer or break into (hack) the Website, or use materials, products or services in violation of law.

You acknowledge and agree that Crystal Cove operates this Website from its offices within the United States of America and that Website is intended for viewing within the United States only and will only be construed and evaluated according to United States law. Crystal Cove makes no representations that the materials on this Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and are responsible for compliance with all local laws.

No Unlawful or Prohibited Use

You will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner which could damage, disable, interrupt, overburden, or impair the Website or Crystal Cove’s network or servers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Website if you are not expressly authorized by such party to do so. Additionally, you shall not engage in spidering, “screen scraping,” “database scraping,” harvesting of information, or any other automatic means of accessing, logging-in or registering on this website, or obtaining or accessing other information from or through this Website.

You may not use Crystal Cove’s icons, domain names, URL addresses, or other means to hyperlink other Internet sites with any page in the Website. You must obtain prior written permission from Crystal Cove to hyperlink in any manner to the Website.

The following actions are also expressly prohibited:

  • Transmitting unsolicited email or spam;

  • Using any Crystal Cove domain name as a pseudonymous return email address for any electronic communications;

  • Pretending to be someone else or spoof their identity;

  • Soliciting business, selling products, or otherwise engaging in commercial activities or personal advertisements;

  • Using the Website to perpetrate fraud, misrepresentation or illegal activity;

  • Attempting to gain unauthorized access to the Website or another user’s account, through hacking, password mining or any other means;

  • Attempting to circumvent or compromise any security measures;

  • Creating or releasing computer viruses, Trojan horses, or worms or otherwise engaging in destructive or potentially destructive programming activities;

  • Deep linking to any part of the Website;

  • Modifying, altering, or tampering with systems hardware or software;

  • Creating multiple Crystal Cove accounts;

  • Intentionally submitting inaccurate information or falsifying information submitted to Crystal Cove for the purpose of creating multiple accounts;

  • Reselling or repurposing your Crystal Cove account;

  • Exceeding or attempting to exceed quantity limits when using coupons, vouchers or other limited offers and promotions; or

  • Assisting or permitting any person engaging in any of the activities described above.

Access Restriction and Termination

Access and use of the Website, is expressly conditioned on your compliance with all relevant laws, regulations, contractual obligations, and these Terms of Use. Crystal Cove may restrict, suspend, or terminate your access to all or any part of the Website at any time and for any reason in its sole and complete discretion, including but not limited to (1) when required by law; (2) when Crystal Cove believes, in its sole discretion, that a user may be violating the law or these Terms of Use; or (3) any other reason that Crystal Cove deems appropriate. Crystal Cove reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to Website.

Registration

When you create an account with Crystal Cove, you will need to create a confidential password. You are responsible for keeping your user name and password confidential. You shall not knowingly disclose your user name and password to any third party. You must notify us immediately of any unauthorized use of your user name and password, if you believe that your user name and password is no longer confidential, or if you believe that there has been a breach in security with respect to your account. We reserve the right to require that you change your password if your account is no longer secure. Crystal Cove shall not be liable for any loss or damages you may suffer as a result of someone else using your user name and password.

Terms of Sale and Shipping

Unless otherwise stated or required by law, the following terms shall also apply to all goods purchased through the Website. Crystal Cove will ship or deliver the goods purchased to the destination provided by you, as soon as reasonably practicable. Crystal Cove reserves the right to fill orders on a pro rata basis if inventory shortages arise. All delivery dates provided are best estimates based on prevailing conditions when given and Crystal Cove will not liable if it fails to meet any estimated delivery dates. Risk of loss and title all goods passes to you upon our delivery to our contracted shipping agent. Goods purchased from the Website are for your personal use and not subject to commercial resale. Please contact us if you are interested in becoming an authorized retailer of any Crystal Cove products.

Returns and Refunds

All products are custom printed for each customer and not refundable unless the item arrives damaged, misprinted, or defective. Items that are damaged, misprinted, or defective can be returned or exchanged within thirty (30) days of receipt of shipment. Please contact us at mc.sungaila.book@gmail.com to arrange for a return of any damaged, misprinted, or defective goods. You may need to provide photo evidence of such damage, misprint, or defect in order for us to process a return.

For packages lost in transit, all claims must be submitted no later than thirty (30) days after the estimated delivery date. Claims deemed an error on our part are covered at our expense. However, if you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility and you will be liable for reshipment costs once we have confirmed an updated address with you. Unclaimed shipments will be donated if not claimed within thirty (30) days.

Products purchased through online retail partners such as Amazon are subject to the retailer’s terms and return policies.

Product Descriptions

Crystal Cove does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. Product images or photographs are provided for illustrative purposes only.

Sweepstakes and Promotions

From time to time Crystal Cove may provide opportunities to participate special promotions, contests, games and/or sweepstakes. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating. Coupons and special promotions cannot be combined unless specifically authorized.

Proprietary Rights and License

The Website, including any goods sold through the website, are protected by copyrights, trademarks, service marks, or other proprietary rights, under the laws of the United States and international conventions. We grant you, a personal, limited, non-exclusive, non-transferable, non-sublicensable limited license to use the Website subject to the Terms of Use. Any rights to the Website and its derivative works not expressly granted are expressly reserved. We retain all rights to aggregated anonymous data derived from your use of the Services and to use it for any purpose. We do not claim ownership of the trademarks of any of our retail partners, publishers, or other third parties mentioned on the Website. In using the Website, you may provide us with feedback and suggestions regarding the Website or products sold through the Website. You assign to Crystal Cove all ownership and rights in any feedback and suggestions you provide without any royalty or accounting obligations to you.

Intended Audience

This Website is intended for adults age 18 or older. This Website is not intended for any children under the age of 13.

Website Availability

Crystal Cove will make reasonable efforts to keep the Website operational. However, certain technical difficulties, routine site maintenance/upgrades and other events outside the control of Crystal Cove may, from time to time, result in temporary interruptions to the Website. In addition, Crystal Cove reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website or the entire Website, with or without notice.

Third-Party Links

The Website may contain links to third-party websites that are not under the control of, or maintained by, Crystal Cove, including advertiser and retailer websites (the “Linked Sites”). Linked Sites are not under the control of Crystal Cove and Crystal Cove is not responsible for the contents of any Linked Site. Linked Sites may contain their own terms that are different from the Crystal Cove Terms of Use. You should read the terms of use and privacy policies on each applicable website, as your accessing the website may constitute your agreement to be bound by the website’s terms and policies. Crystal Cove does not endorse or represent anything about Linked Sites or any information, materials, or products found on those sites. If you access any of the Linked Sites, you do so at your own risk. In no event will Crystal Cove be liable for any loss, claim, damages, or costs that may arise concerning your use any third-party links or Linked Sites.

Third-Party Materials on the Website

This Website may contain materials submitted by third-parties, including but not limited to advertisements. Any such materials are provided solely as a convenience to you. Crystal Cove has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall Crystal Cove be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.

Indemnification

You agree to indemnify, defend and hold harmless Crystal Cove and her employees, agents, attorneys, affiliates, successors and assigns from any liability, loss, claim and expense, including reasonable attorneys’ fees, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of these Terms of Use or any applicable state or federal law or (b) your use of the Website. This provision shall survive the termination of these Terms of Use.

Disclaimer

THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. CRYSTAL COVE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THIRD PARTY RIGHTS ARISING OUR OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. CRYSTAL COVE HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION OR SERVICES ACCESSED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRYSTAL COVE THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL CRYSTAL COVE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS A REFUND OF AMOUNTS PAID TO CRYSTAL COVE AND TO CEASE ALL OF YOUR WEBSITE USE.

Some states and other jurisdictions may not allow this limitation of liability, so the forgoing disclaimer may not apply to you if prohibited by applicable law.

Choice of Law

These Terms of Use shall be controlled by the laws of the State of California, giving no effect to any conflict principles.

Agreement to Arbitrate

Any and all disputes, conflicts, problems, controversies, or claims of any kind arising from the relationship of the parties, the Website, these Terms of Use, or the interpretation thereof, no matter how described, pleaded or styled, shall be submitted to binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act. The arbitration shall be conducted by a single, neutral arbitrator chosen by the parties, conducted under the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association, conducted in Orange County, California. I understand the information about the AAA arbitration process and the AAA Consumer Rules can be obtained at www.adr.org. The parties agree that the arbitrator, and not a court, shall have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be paid by Crystal Cove. Each party shall pay for its own attorneys’ fees and costs. Any dispute or claim shall be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action. Neither party shall file or maintain any lawsuit in any court against the other, and agree that any suit filed in violation of this arbitration agreement shall be dismissed by the court in favor of an arbitration conducted pursuant to this arbitration agreement and all costs and attorneys’ fees incurred in enforcing this provision shall be paid by the party that filed the lawsuit, except that this provision does not affect either party’s right to seek relief in small claims court for disputes or claims within the scope of its jurisdiction. If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree to waive any right to a jury trial with respect to any dispute to which the arbitration agreement applies. This provision shall survive the termination of these Terms of Use. Notwithstanding anything herein to the contrary, you retain the right to pursue any claim in a small claims court and proceed on an individual basis for any such claim that is within the court’s jurisdiction.

BY ACCEPTING THESE TERMS OF USE YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to the Website or your relationship with Crystal Cove must be filed within one year after the claim arose; otherwise, your claim is permanently barred.

Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these terms refer from us electronically, including without limitation by e-mail or other electronic communication technology that may hereafter be developed. You agree that all Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. Please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy.

Termination

These Terms of Use shall remain in full force and effect while you use the Website but subject to immediate termination for violation of these Terms of Use. Any provision in the Terms of Use that by its nature should survive the termination of your license to access the Website or any termination of the Terms of Use (including, without limitation, provisions governing arbitration, indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any termination.

Assignment

These Terms of Use and our rights hereunder may be assigned, in whole or in part, by Crystal Cove to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

Severability

If any provision of these Terms of Use shall be adjudged by any arbitrator or court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

Contact

Any questions about these Terms of Use should be directed to Crystal Cove at mc.sungaila.book@gmail.com.

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