Terms & Conditions of Use

Thank you for visiting the website of pigglywigglybirmingham.com (collectively “Merchant,” “we,” “our,” “us” or any derivatives thereof). These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of our website (the “Site”), which is designed and hosted by Carted LLC (“Carted”).

Please read these Terms of Use carefully. By accessing or using the Site, you accept and agree to be bound and abide by these Terms of Use as well as our Privacy Policy and Terms and Conditions of Sale, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy and Terms and Conditions of Sale, you must not access or use the Site.

Eligibility to Use the Site

The Site is intended only for users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By agreeing to these Terms of Use, you represent and warrant to us that: (a) you are at least 18 years old and reside in the United States or its territories; and (b) your use of the Site is in compliance with any and all applicable laws and regulations and you will use the Site only as set forth in these Terms of Use. If you do not meet these eligibility requirements, you must not access or use the Site. Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Merchant, Carted, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you a limited license to access and use the Site for your personal, non-commercial use only. You may not reproduce, republish, reverse-engineer, copy, upload, download, display, modify, interfere with, circumvent, license, transmit, or distribute any feature of the Site, including materials retrieved from the Site, any security or access control mechanism, or the underlying code in any form or by any means or for any commercial purpose. Nothing herein is meant to transfer any right or license to the underlying code of the Site. You must not access or use any part of the Site or any services or materials available through the Site for commercial purposes.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in violation of these Terms of Use, your right to use the Site will cease and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted to you herein are reserved by Merchant. Any use of the Site not expressly permitted by these Terms of Use is a violation of these Terms of Use and may violate copyright, trademark, and other laws.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you hereby grant Merchant and/or Carted an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.

Trademarks

Merchant’s name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Merchant or its affiliates or licensors. You must not use such marks without the prior written permission of Merchant. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Prohibited Uses of the Site

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site: In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To engage in any other conduct that restricts or inhibits anyone’s use of the Site, or which, as determined by us in our sole discretion, may harm Merchant or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Otherwise attempt to interfere with the proper working of the Site.

Disclaimer of Warranties

THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES WITH RESPECT TO THE SITE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. MERCHANT DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THE SITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. MERCHANT MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MERCHANT OR ITS REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF THE SITE; (B) YOUR INABILITY TO USE OR ACCESS THE SITE; (C) ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE SITE; (D) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (E) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES OR OTHER INACCURACIES IN THE SITE; (F) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (H) ANY EVENT BEYOND OUR REASONABLE CONTROL. OUR MAXIMUM LIABILITY IN RELATION TO ANY EVENT OR SERIES OF RELATED EVENTS WILL BE LIMITED TO $100.

Indemnity

You agree that you are personally responsible for your behavior in connection with the Site. You agree to indemnify, defend, and hold Merchant and its affiliates, officers, agents, partners, and employees harmless from any losses, liabilities, claims, demands, damages and costs, including, but not limited to direct, incidental, consequential, exemplary and indirect damages, and reasonable attorneys’ fees, made by any third party arising out of (i) access to, use, or misuse of the Site by you or any other person using your username and password; (ii) any violation or breach of these Terms of Use, the Terms and Conditions of Sale, or our Privacy Policy by you or any other person using your username and password; or (iii) any violation of the rights of a third party by you or any other person using your username and password.

Links to Third-Party Content

Any links on the Site to third-party websites are for your convenience only. If you use any links to third-party websites, you will be leaving the Site. Merchant does not monitor the content of any linked third-party websites and is not responsible for the operation, content, privacy practices or technologies used by such third-party sites. The fact that the Site may include links to third-party websites does not imply any relationship, sponsorship, endorsement, promotion, recommendation or warranty by Merchant of that third-party website or any products, services, or information available through such third-party websites. We may remove links to third-party websites from the Site at any time and without notice.

Information Privacy and Security

When you create an account on the Site, you will be required to provide us information about yourself, including your name, address, phone number, and email address, as well as payment information if you wish to make a purchase through the Site. You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. When you register for an account, you will also be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account profile and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, you must immediately notify us. You are solely responsible for the use of your account and for all charges incurred when using your account.

We have security measures in place that seek to mitigate risk, and use reasonable, appropriate, and customary procedures and technologies to help protect the confidentiality of any personal information collected through the Site. However, no website can be absolutely protected against intentional or malicious intrusion attempts despite our precautions. Furthermore, Merchant does not control the devices, computers, or network over which you may choose to send personal information or payment information to the Site, and therefore cannot prevent potential interceptions or compromises to your information while in transit to the Site. Merchant makes no guarantee as to the security, integrity, or confidentiality of any information transmitted to or from the Site. Merchant is committed to safeguarding your information to the best of its ability, but cannot guarantee the security of electronic communications or transmissions made over the Internet.

Term and Termination

These Terms of Use are effective beginning when you first access or use the Site, and will terminate as described below. If you violate any provision of these Terms of Use, Merchant may, in its sole discretion, terminate your account on the Site, or suspend or terminate your account at any time, for any reason or no reason, with or without notice. You may terminate your account at any time by contacting us at ___________________.

Merchant reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Merchant will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.

Changes to Terms of Use

We may revise these Terms of Use from time to time. Revised Terms of Use will apply to your use of the Site from the date of the publication of the revised Terms of Use on the Site. Please check this page regularly to ensure you are familiar with the current version. Your continued use of the Site implies acceptance of any revised Terms of Use.

General Terms

Entire Agreement. These Terms of Use, together with our Privacy Policy and Terms and Conditions of Sale, constitute the entire agreement between you and Merchant relating to your use of the Site, and supersede any previous agreements, understandings, representations and warranties (both oral and written) with respect to your use of the Site.

Authority to be Bound. If you are an entity, organization, or company, the individual accepting these Terms of Use on your behalf represents and warrants that he or she has authority to bind you to these Terms of Use and you agree to be bound by these Terms of Use.

Assignment. You may not assign or transfer these Terms of Use or your rights under these Terms of Use, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use at any time without notice or consent.

No Waiver. The failure to require performance of any provision of these Terms of Use will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms of Use, or any provision of these Terms of Use, be a waiver of any subsequent breach or default or a waiver of the provision itself.

Use of Headings. Use of section headers in these Terms of Use is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms of Use the use of the word “including” means “including but not limited to.”

Severability. If any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Dispute Resolution and Arbitration. You agree that disputes arising under these Terms of Use will be resolved by binding, individual arbitration, and by accepting these Terms of Use, you and Merchant are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. Your rights will be determined by a neutral arbitrator instead of a judge or jury. Any arbitration between you and Merchant will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”). Notwithstanding the foregoing, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) pursue an enforcement action through the applicable federal, state, or local governmental agency if that right of action is available; (b) seek injunctive relief in a court of law in aid of arbitration; or (c) to file suit in a court of law to address an intellectual property infringement claim.

Governing Law. These Terms of Use are governed by the laws of the State of ___________ without regard to conflicts of law principles. You and Merchant agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within ________ County, ___________ for resolution of any lawsuit or court proceeding permitted under these Terms of Use. We operate the Site from our location in ___________, and we make no representation that services or materials available through the Site are appropriate or available for use in other locations.

Exclusion of Third Party Rights. Except as otherwise set forth in these Terms of Use, these Terms of Use are for the benefit of you and Merchant, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

Privacy Policy. Please read our Privacy Policy for information relating to our collection, use, storage, and disclosure of your personal information and payment information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms of Use.

Terms and Conditions of Sale. Please read our Terms and Conditions of Sale for information relating to any purchases you make through the Site. The Terms and Conditions of Sale are incorporated by this reference into, and made a part of, these Terms of Use.

Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms of Use.

Consent to Electronic Communications. By providing us with your contact information, you agree to receive communications, including via e-mail, voice calls, and text messages from or on behalf of Merchant at the email address or telephone number you provided, even if that number is on a national or state “Do Not Call List.” These calls will be for informational purposes, such as to verify your order or provide you with help or information on using the Site. Standard text messaging and telephone minute charges applied by your cell phone carrier may apply. Merchant may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand that you may continue to receive communications while we process your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.