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.