Terms And Conditions
Cushion.com, Inc. ("Cushion.com") welcomes you to our internet sites. Cushion.com includes but is not limited to cushion.com, www.cushion.com and other internet sites affiliated with Cushion.com, Inc., (each a "Cushion.com Site"). Each Cushion.com Site is operated by Cushion.com, Inc. and its affiliates (collectively referred to herein as "we," "us," or "our").
Please note that your use of Cushion.com, Inc. web sites is subject to the following terms and conditions of use. If you do not agree with any of the terms or conditions, do not access or otherwise use the web site in any way or use any information or materials contained on the web site. Your use of this web site or any other Cushion.com, Inc. web site shall be deemed to be your agreement to abide by each of the terms and conditions set forth below. The terms of service may occasionally be updated by Cushion.com, Inc. without prior notice to you. Your use of this web site or any other Cushion.com, Inc. web site constitutes your acceptance of any modifications to the terms of service.
These terms and conditions shall be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to conflict of law principles thereof. Each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law and any invalid, unlawful or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, unlawful or unenforceable term or provision.
Customers who are ordering cushions are required to follow the Cushion.com measuring guides to obtain the correct required measurements.
Cushion.com is obligated to design and produce cushions and pillows in the fabric, trimming and filling options of the customer's choice and as close as possible to the dimensions provided by the customer based on the measuring guides provided on the Cushion.com website and within the tolerances outlined in the charts below:
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Cushion.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Cushion.com. Cushion.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Cushion.com Site by anyone other than authorized Cushion.com employees acting in their official capacities.
The Cushion.com Site may contain links to other web sites or resources. You acknowledge and agree that Cushion.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Cushion.com Site does not imply that Cushion.com endorses the linked site.
Protection of Content Provided by Cushion.com and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the Cushion.com Site ("Site Content") are copyrighted materials owned by or licensed to Cushion.com. The Site Content may contain trademarks, service marks and trade names which are owned by Cushion.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Cushion.com, its affiliates, or third parties. "Cushion.com" is a trademark of Cushion.com. Unless authorized in writing by an officer of Cushion.com, Cushion.com's trademarks may not be used in connection with any product or service that is not Cushion.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cushion.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Cushion.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose.
If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Cushion.com Site. Nothing contained in the Cushion.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Cushion.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Cushion.com, its affiliates, and/or any third party, as applicable.
Cushion.com will give you any necessary notices by posting them on the Cushion.com Site. You authorize Cushion.com to send notices via electronic mail as well if CUSHION.COM decides, in its sole discretion, to do so. You agree to check the Cushion.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Cushion.com Site.
Disclaimer of Warranties
ALTHOUGH CUSHION.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE CUSHION.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE CUSHION.COM SITE. CUSHION.COM DOES NOT WARRANT THAT YOUR USE OF THE CUSHION.COM SITE, OR THE OPERATION OR FUNCTION OF THE CUSHION.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE CUSHION.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. CUSHION.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CUSHION.COM SITE. THE CUSHION.COM SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL CUSHION.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CUSHION.COM SITE, THE USE OR PERFORMANCE OF THE CUSHION.COM SITE, THE DELAY OR INABILITY TO USE THE CUSHION.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CUSHION.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CUSHION.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CUSHION.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CUSHION.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CUSHION.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS CUSHION.COM'S LIABILITY OR YOUR REMEDIES.
Cushion.com shall be excused from performance under this Terms of Service if Cushion.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Cushion.com.
The following provisions shall survive any termination of these Terms of Service: No Warranty from Cushion.com, Limitation of Liability, Indemnity and General Provisions.
These Terms of Service will inure to the benefit of Cushion.com's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in Los Angeles County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.
California Proposition 65 Warning Compliance
WARNING: Products containing foam can expose you to chemicals including Toluene diisocyanate, which is known to the State of California to cause cancer. For more information visit www.p65warnings.ca.gov.
All Sales Are Final
Ordering from this web site constitutes that you accept the conditions that ALL SIZES ARE TO BE CONSIDERED AN APPROXIMATION and that ALL SALES ARE FINAL.
If you have any questions about these Terms of Service, please contact us.
These Terms of Service were updated January 1, 2018