Last Updated: February 24, 2025
CUDDLE CLONES’ TERMS OF USE
Ownership of Website; Arbitration; Agreement to Terms of Use
This Terms of Use Agreement (“Agreement”) is made and entered into by and between CC Brand Holdings LLC, a limited liability company organized under the laws of the State of Ohio (“Cuddle Clones”), and you (“you” or “your”), the user of the Cuddle Clones website and its associated products and services, including its mobile messaging services (collectively “Website”). This Agreement will be effective when you access or use the Website, accept cookies from the Website, and/or when you select the box to agree to our terms of use upon checkout, and your continued use of the Website or selection of the “I Agree” button constitutes your manifestation of assent to the terms of this Agreement. If you do not wish to be bound by the terms of this Agreement, you must not select the “I Agree” button or use the Website.
You have a duty to read this Agreement. This Agreement, to the extent legally allowable in your jurisdiction, requires you and Cuddle Clones to resolve most disputes solely through arbitration and on an individual basis and not as a class action, class arbitration, or any other representative proceeding. Additionally, this Agreement waives your right to a trial by jury.
NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU ANDCUDDLE CLONES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
Cuddle Clones’s Ownership of Content and Trademarks
You understand and agree that the Website, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of Cuddle Clones. Under the terms of this Agreement, you do not acquire any ownership rights to the Website or the data contained therein. You acquire only a limited license to use the Website subject to the terms of this Agreement. All other rights are reserved by Cuddle Clones.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Website by Cuddle Clones, including, but not limited to,CUDDLE CLONES®, are common law or registered trademarks owned by or licensed to Cuddle Clones. You are expressly prohibited from using the trademarks of Cuddle Clones to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Cuddle Clones in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
Your Use of the Website
Conditional upon your adherence to the terms of this Agreement, Cuddle Clones grants you a limited, non-exclusive, non-transferable, worldwide, and revocable license to use the Website in its executable, and non-source code form and for its customary and intended purposes. The customary and intended purposes of the Website are limited to its use to review information published on the Website, to communication with Cuddle Clones, or to purchase products through the Website.
As a condition of the license granted to you under the terms of this Agreement, and except where otherwise expressly allowed under the terms of this Agreement, you are expressly prohibited from the following:
Attempting to access the Website other than through a standard web browser unless You have been permitted to do so by Cuddle Clones through a separate, written agreement (this restriction does not apply to search engines that comply with Cuddle Clones’s robots.txt file);
Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with Cuddle Clones’s robots.txt file);
Distributing, framing, emulating, cloning, publishing, displaying, selling, assigning, sublicensing, renting, leasing, loaning, modifying, publicly displaying, publicly performing, creating derivative works of, translating, or adapting the Website;
Training artificial intelligence, large language models, or other generative technologies, including, without limitation, technologies that are capable of performing search functions, without Cuddle Clones’s specific and express written permission;
Decompiling, reverse engineering, disassembling, or hacking the Website;
Scraping, caching, or utilizing the Website through a proxy;
Sharing your User Account with others or providing unauthorized access to your User Account;
Circumventing the Website’s technology protection measures;
Infringing upon the intellectual property or other proprietary rights of Cuddle Clones;
Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
Exporting the Website in violation of the export controls or regulations of the laws of your country or any other country’s laws or regulations;
Using the Website to violate any applicable law, statute, regulation, ordinance, or treaty, whether local, state, national, or international;
Using the Website to violate the rights of third parties, including, but not limited to, any personal or proprietary rights;
Removing or altering any proprietary notices contained within the Website, including, but not limited to, copyright and trademark notices; or
Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.
Your Representations and Warranties
When using the Website, you warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. If you are using the Website on behalf of a third party, including, but not limited to, a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.
User Accounts
Cuddle Clones may provide you with the ability to register a user account (“User Account”), which will provide with additional access to the Website, including the ability to proceed through checkout faster, check the status of orders, and view past orders.
User Accounts are provided by Shopify and are subject to the Shopify Consumer Terms of Service (https://shop.app/terms-of-service). You are encouraged to review the Shopify Consumer Terms of Service. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and any password or sign-in codes and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify Cuddle Clones immediately. You expressly agree and understand that you are prohibited from allowing any third party to use your User Account. You are also prohibited from using any other user’s User Account. You may be held liable for losses incurred by Cuddle Clones due to someone else using your User Account or as a result of your failure to keep your User Account information secure and confidential. Cuddle Clones reserves the right to restrict access to, suspend, disable, or delete Your User Account at any time, in its sole discretion, and without warning.
Testimonials, Reviews, and Other Submissions
Cuddle Clones may provide you with the ability to submit ideas to Cuddle Clones through the Website. If you submit ideas to Cuddle Clones, you agree that any ideas that you submit to Cuddle Clones will automatically become the property of Cuddle Clones and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to Cuddle Clones. You understand and agree that Cuddle Clones may use or redistribute any ideas that you submit to Cuddle Clones for any purpose and in any way and that Cuddle Clones has no obligation to keep any ideas submitted to Cuddle Clones confidential.
Cuddle Clones may also provide you with the ability to submit user generated content to the Website, including, but not limited to, reviews and testimonials (collectively, “User Generated Content”). By submitting User Generated Content to the Website, you grant Cuddle Clones a limited, non-exclusive, irrevocable, royalty free, and perpetual license to use your User Generated Content for display on Cuddle Clones’s social media channels and website. This may include, but is not limited to, displaying your User Generated Content to third parties through social media links, emailed content, or on the Cuddle Clones Website, providing your User Generated Content to third parties, and archiving or making backup copies of your User Generated Content. By providing Cuddle Clones with your consent to use your User Generated Content, you waive all moral rights or rights of publicity or privacy with respect to the User Generated Content.
You warrant that your User Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. You agree to indemnify, defend, and hold harmless Cuddle Clones, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to your User Generated Content.
Cuddle Clones may use User Generated Content, in whole or in part, together with the name and state/country of the person submitting it. User Generated Content in the form of testimonials and/or product reviews may be used for any form of advertising relating to Cuddle Clones’s products or services, in printed and online media, as Cuddle Clones determines in its absolute discretion. Testimonials and product reviews represent the unique experience of the customers submitting such User Generated Content and do not necessarily reflect the experience that you may have using our products or services.
Additionally, Cuddle Clones reserves the right to correct grammatical and typing errors, to shorten User Generated Content prior to publication or use, and to review all User Generated Content prior to publication or use. Cuddle Clones shall be under no obligation to use any, or any part of, any User Generated Content submitted. If you submit User Generated Content, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit User Generated Content.
Privacy and Data Processing
In your use of the Website, Cuddle Clones may collect personal or personally identifiable information from you. you warrant and agree that, for any personal or personally identifiable information that you transmit to Cuddle Clones, you have adequate rights to transmit that personal or personally identifiable information to Cuddle Clones and that doing so does not violate any law, statute, regulation, ordinance, or treaty, whether local, state, national, provincial. Cuddle Clones has adopted its Privacy Policy to ensure that you understand the type of information that it collects, when it collects it, how it uses it, and your right of access to it. You are directed to review Cuddle Clones’s Privacy Policy at the following link:https://cuddleclones.com/policies/privacy-policy.
Ordering; Payment; Taxes
Payment for all orders placed through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Cuddle Clones until Cuddle Clones accepts your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and Cuddle Clones, and Cuddle Clones strives to quickly correct any pricing errors on the Website when discovered. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Cuddle Clones is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Cuddle Clones’s payment processor. You agree that you will not initiate any chargebacks to Cuddle Clones unless otherwise authorized by Cuddle Clones in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Cuddle Clones. Cuddle Clones will report as income all payments received from You to Cuddle Clones to all proper taxing authorities.
Cuddle Clones accepts credit cards through common gateways, such as ShopPay, PayPal, Amazon Pay, Google Pay, and Venmo. All payment providers are subject to their own terms and conditions, and you are directed to review a payment provider’s terms prior to making payment to Cuddle Clones.
Automatic Billing and Cancellation; Trial Offers
Some of Cuddle Clones’s products are provided on a subscription basis. Your subscription will automatically renew at the then-current rate for the subscribed service, until you notify us of your decision to terminate your subscription. Most subscriptions will renew of one-month terms, regardless of the offer under which that subscription started.
By allowing the renewal to proceed, you have provided your electronic authorization for future charges against the card that you have on file. You further agree that your subscription fee(s) will be billed automatically at the beginning of each renewal period at the then-current rate (plus sale tax, if applicable) to the credit card(s) you have on file. If you have more than one card on file, the first card will be used. If you have more than one credit card on file, and one or more credit cards has expired, we will use the unexpired credit card.
Cuddle Clones reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses you from any obligation to pay outstanding charges or expenses.
You may cancel your subscription(s) at any time at least 72 hours prior to the renewal term. To cancel your membership, please send an email toinfo@CuddleClones.com.
Some of Cuddle Clones’s products are offered on a 14-day trial basis. You understand and agree that you can cancel this trial at any time within the first 14 days and you will not be charged. You also understand and agree that if you decide not to cancel the trial within the first 14 days, that you will automatically be enrolled for the subscription of that product and will be billed the cost of the subscription until you cancel.
Shipping and Returns Policy
All orders are subject to review, verification, and approval by Cuddle Clones. Cuddle Clones reserves the right to refuse or cancel any order with or without notice in its sole and absolute discretion. All returns and refunds shall be administered consistent with Cuddle Clones’sPolicies, which are expressly incorporated into these Terms. Cuddle Clones’s Policies may be amended, replaced, or discontinued by Cuddle Clones from time to time in its sole and absolute discretion.
Mobile Messaging Service Terms and Conditions
In addition, you agree to ourMobile Terms of Service andMobile Privacy Policy
Third Party Websites
You acknowledge and agree that the Website may contain links to third party websites or content that Cuddle Clones does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Cuddle Clones will not be responsible for websites not under the ownership or control of Cuddle Clones.
Term and Termination
The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Cuddle Clones terminates your access to the Website; or (ii) you cease using the Website and terminate your User Account. Cuddle Clones reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
Consumer Rights Information; California Civil Code Section 1789.3
If this Website charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this Website. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
CC Brand Holdings, LLC dba Cuddle Clones
540 S Main St.
Suite 122
Akron, OH 44311
info@CuddleClones.com
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814.
Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THATCUDDLE CLONES WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES. YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THATCUDDLE CLONES’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PRODUCT IN QUESTION OR $1000, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
CUDDLE CLONES WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THATCUDDLE CLONES WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THATCUDDLE CLONES’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.
Indemnification
You agree to indemnify, defend, and hold harmless Cuddle Clones, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use or misuse of the Website, (ii) your use or misuse of products purchased from the Website; (iii) any claims, demands, injuries, judgments, charges, or fees arising out of your User Generated Content; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Cuddle Clones will not provide you with the ability to control Cuddle Clones’s defense, and Cuddle Clones reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
Arbitration and Choice of Laws
You agree that any dispute, claim, or controversy arising out of or in relation to this Agreement, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, will first be submitted to mediation and, if mediation is not successful, be settled by binding individual arbitration. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute between you and Cuddle Clones, the parties agree that the arbitrator will decide that issue. Notwithstanding the foregoing, You and Cuddle Clones each agree that any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to this arbitration clause or arbitration. However, all claims related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or intellectual property rights will be interpreted under Texas law and will be heard exclusively in the state and federal courts located in or with jurisdiction over Dallas, Texas
Before initiating mediation or arbitration under this Agreement, you must first send a written notice detailing the nature and basis of its claim to Cuddle Clones at its registered address:
CC Brand Holdings, LLC dba Cuddle Clones
540 S Main St.
Suite 122
Akron, OH 44311
info@CuddleClones.com
You must then wait a period of 30 days from the date of receipt of the notice to allow for the possibility of resolution. If no resolution is reached within thirty (30) days, any unresolved dispute or controversy arising from or relating to this Agreement shall be mediated by both parties prior to any party pursuing any other legal or equitable remedy in any other forum whatsoever (the “Mediation”). All such Mediations shall be conducted through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures by a professional neutral(s) with substantial experience in mediating and resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. If and only if any such unresolved dispute or controversy arising from or relating to this Agreement is not finally settled through Mediation, such unresolved dispute or controversy shall be finally resolved by binding arbitration through the New Era Platform in accordance with its rules and procedures for Virtual Expedited Arbitrations. The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction and shall be enforceable consistent with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly referred to as the 1958 New York Convention. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing Party. The arbitrator will apply the laws of the State of Texas and the federal laws of the United States in deciding any controversy or claim pursuant to this arbitration clause.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND CUDDLE CLONES EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS. YOU AND CUDDLE CLONES HEREBY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY OR A JUDGE. YOU AND CUDDLE CLONES ARE INSTEAD ELECTING TO HAVE ALL CLAIMS AND DISPUTES RESOLVED BY ARBITRATION UNDER THIS AGREEMENT, EXCEPT AS SPECIFIED OTHERWISE IN THIS AGREEMENT.
Force Majeure
Cuddle Clones will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Cuddle Clones’s control, such as acts of God, war, riots, fire, pandemic, terrorist attacks, power outages, severe weather, or other accidents.
Survivability
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend Cuddle Clones.
Interpretation
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
Assignment
You are expressly prohibited from assigning your rights and duties under this Agreement. Cuddle Clones reserves the right to assign its rights and duties under this Agreement, including in a sale of Cuddle Clones, its assets, or the Website.
Waiver and Integration
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.
