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Terms of Use

TERMS AND CONDITIONS OF USE
This website is provided by the Warm and Fuzzy Logic for your use. By visiting, browsing, linking to, or otherwise using this website in any way, you are agreeing to be bound by all of the terms and conditions set forth herein and to comply with all applicable laws and regulations. These terms and conditions apply to your use of all of the sites and services operated by Warm and Fuzzy Logic and any other site Warm and Fuzzy Logic may operate in the future. If you do not agree with these terms and conditions, you should not use these sites. Warm and Fuzzy Logic has the right to revise these terms and conditions at any time, without prior notice, and your use of this website after any modifications to these terms and conditions shall indicate your acceptance of any such changes. Your obligations under these terms and conditions shall continue for as long as you access, use, or obtain information from this website. You may terminate your obligations hereunder at any time by discontinuing your use of this website and by destroying all information obtained from it.

DISCLAIMER OF WARRANTIES
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WARM AND FUZZY LOGIC DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WARM AND FUZZY LOGIC WISHES THE CONTENT OF THIS WEBSITE TO BE ACCURATE, COMPLETE, AND CURRENT, WARM AND FUZZY LOGIC DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT AT THIS WEBSITE (INCLUDING ANY SOFTWARE) IS ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THIS WEBSITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WARM AND FUZZY LOGIC BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER THIRD PARTY SITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF SUCH THIRD PARTY SITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF WARM AND FUZZY LOGIC HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

LINKS TO THIRD PARTY SITES
Any links to other websites or Internet locations from this website have been provided for your convenience only. Warm and Fuzzy Logic does not endorse, sponsor, or approve any of the content of such websites or locations. Warm and Fuzzy Logic has no control over any of the websites or other Internet locations that you may access through this website, and is not responsible for the content or accuracy of the content of any such websites or locations. If you access any other website or Internet locations through this website, you do so at your own risk.

OWNERSHIP
Warm and Fuzzy Logic owns or has the right to use any and all of the data, information, text, images, photos, videos, trailers, sounds, icons, and other content contained on this website (including software and transmissions to this website), and the copyrights, trademarks, service marks and other intellectual property rights therein, unless otherwise noted.

TRADEMARKS
"ShadowBack" is a registered trademark of Warm and Fuzzy Logic. The absence of a product or service name or logo from this website does not constitute a waiver of Warm and Fuzzy Logic’s trademark or other intellectual property rights concerning that name or logo. All other products or company names mentioned in this website may be trademarks of their respective owners.

REPRESENTATIONS AND WARRANTIES
If you submit any information of any kind to this website, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or entity, that such information is not confidential or proprietary to you or any other person or entity, that such information does not injure any other person or entity, and that Warm and Fuzzy Logic may copy, distribute, modify, display, disclose, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to Warm and Fuzzy Logic and without acknowledgment of authorship or source.

INDEMNIFICATION
You agree to indemnify, defend, and hold Warm and Fuzzy Logic and any and all of its employees, directors, officers, shareholders, agents, licensors, licensees, affiliates, successors and assigns ("Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorney's fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions. You agree to cooperate as fully as reasonably required in Warm and Fuzzy Logic’s defense of any claim. Warm and Fuzzy Logic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Warm and Fuzzy Logic.

PRIVACY
Warm and Fuzzy Logic is committed to protecting your privacy and your personal information provided via this website. Information such as your name, e-mail address, mailing address and general profile and preferences may be requested from you on a voluntary basis and may be used by Warm and Fuzzy Logic for limited purposes such as: (i) to notify you of particular services or new features provided by this website; (ii) to personalize or enhance your use of this website; (iii) to provide you with information that you request from Warm and Fuzzy Logic; (iv) to facilitate your participation in community bulletin boards provided by this website; (v) to conduct user polls or surveys; and (vi) to monitor user traffic patterns, profiles, and site usage to assist in the marketing, planning, development and design of this website. If you choose not to submit voluntarily requested information, you may not be eligible for those activities for which personally identifiable information is needed. Warm and Fuzzy Logic may disclose to third parties statistics and other information regarding the users of this website in the aggregate, and Warm and Fuzzy Logic may release personal information of users of this website when it believes in good faith that such release is required by law, requested by subpoena or court order, and/or necessary to assist in discovery of valid legal claims. Warm and Fuzzy Logic maintains a customer database with the e-mail address, name, postal address, telephone number and other personally identifiable information of persons who have provided such information to Warm and Fuzzy Logic by mail, telephone or e-mail. As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. Warm and Fuzzy Logic does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to Warm and Fuzzy Logic has not been stolen or otherwise surreptitiously obtained. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this website, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security, and Warm and Fuzzy Logic expressly disclaims any liability in connection with such harm, danger or damage.

COOKIES
"Cookies" are data that a website transfers to an individual's hard drive for record-keeping purposes. Warm and Fuzzy Logic uses cookies to remember certain information about you as a user of this website, including your username, site preferences and what you have already viewed on this website in order to track website usage and improve your on-line experience. Our cookies do not contain any personally identifying information and are used only by Warm and Fuzzy Logic. Third parties who advertise on this website or have links on this website may also use cookies. Warm and Fuzzy Logic makes no warranties or representations with respect to these third parties, nor is Warm and Fuzzy Logic liable for any claims of any damages whatsoever incurred as a result of third parties' use of cookies on user's hard drives. You can view the cookies that have been stored on your hard drive by Warm and Fuzzy Logic or any other website operator. If you do not want information to be collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny acceptance of cookies.

CREDIT CARD TRANSACTIONS
Warm and Fuzzy Logic offers you the convenience of making on-line membership applications and donations via credit card. Warm and Fuzzy Logic takes seriously the need for credit card account information security. Your credit card information is used by Warm and Fuzzy Logic only for its intended purpose, and all financial transaction forms are stored and served from a secure server. This means that each page you view on Warm and Fuzzy Logic's website and any financial information you submit is encrypted on its way between computers (yours and Warm and Fuzzy Logic’s). Your peace of mind and the safeguarding of your credit card information are of the utmost importance to Warm and Fuzzy Logic.

GOVERNING LAWS AND SEVERABILITY
These terms and conditions shall be governed by the laws of the State of California and applicable federal laws, without giving effect to conflict of laws principles. If any portion of these terms and conditions is unlawful, invalid, or unenforceable, then such portion of these terms and conditions shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of these terms and conditions. Please direct any questions or comments to Warm and Fuzzy Logic by emailing us here at: support@warmandfuzzylogic.com.


©2005 Warm and Fuzzy Logic™
All rights reserved. ShadowBack® is a registered trademark of Warm and Fuzzy Logic™.
Other brands and products appearing on this site are trademarks of their respective holder(s).
Terms of Use