Terms and Conditions
Terms and Conditions
Last updated June 21st, 2011
Welcome to Spoonfulofcomfort.com. This Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the "Agreement").
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Site. If you do not agree to these terms, please do not use the Site.
We reserve the right to refuse any order you place with us. 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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Spoonful of Comfort.
You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site without written consent from Spoonful of Comfort.
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Spoonful of Comfort, whether online, by email, by postal mail, or otherwise ("Comments") shall be and remain Spoonful of Comfort property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Spoonful of Comfort of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Spoonful of Comfort shall not be limited in any way in its use, commercial or otherwise, of any Comments. Spoonful of Comfort is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Spoonful of Comfort has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy 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 Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Spoonful of Comfort or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Spoonful of Comfort takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to exclude profanity or other items that we deem vulgar from handwritten notes and gift messages without notifying the sender or intended recipient of such action.
The Site may contain links to other Web sites that are not under the control of Spoonful of Comfort. Spoonful of Comfort has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site's users.
The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Spoonful of Comfort expressly disclaims any duty to update or revise the materials on the Site, although Spoonful of Comfort may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Spoonful of Comfort shall not be liable for any damages of any kind related to your use of the Site.
You agree to defend, indemnify and hold Spoonful of Comfort harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Spoonful of Comfort agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to Spoonful of Comfort. at: Spoonful of Comfort Legal Department, Attn: General Counsel, 4543 South Holladay Blvd SLC, UT 84117, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Spoonful of Comfort agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Utah, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Utah, County of Utah. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Spoonful of Comfort' right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
These terms are effective unless and until terminated by either you or Spoonful of Comfort. You may terminate this Agreement at any time. Spoonful of Comfort also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes