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Terms & Conditions

Terms of Use: Nudy Patooty Inc. 

In using this website you are deemed to have read and agreed to the following terms and conditions: 

This website is operated by Nudy Patooty Inc. (“Nudy Patooty”). Throughout the site, the following terminology applies to these Terms and Conditions, and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “We” and "Us", refers to Nudy Patooty. “Party”, “Parties”, or “Us”, refers to the Client and us, or either the Client or us. 

Please read the Terms of Use (hereinafter referred to as this “Agreement” and/or the “Terms of Use”) before using our website. By accessing this site and using the services offered on this site, you agree to be bound by these Terms of Use. The Terms of Use may be amended from time to time without specific notice to you. Please check the date of the Terms of Use and review any changes since the last version. It is your responsibility to remain updated on our Terms of Use and as such, if you do not agree to these Terms of Use, please do not use the site or any of the services provided on the site. 

Products, Orders, Prohibition on Reselling, and Price

The information on this site does not constitute a binding offer to sell products described on the site. We reserve the right at any time after receipt of your order to accept or decline your order or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. If for any reason your order is cancelled and your credit card has already been charged for the purchase, we will issue a credit to your credit card account. You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site. The prices displayed on the site are quoted in CDN dollars. 
These products may have limited quantities and are subject to exchange only through the site according to the applicable return policy. We have made every effort to display as accurately as possible the qualities of our product, including fabric qualities and colors of our products that appear on our site. We cannot guarantee that your computer monitor's display of any color or fabric will be accurate.

Return/Exchange Policy

Please refer to Returns & Exchange page for our policy.

Accuracy, Completeness and Timeliness of Information on This Site
We are not responsible if information made available on this site is not accurate, complete or current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site. 
Use of Material on the Site
All content on this site (including without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Nudy Patooty and/or its content providers and is protected by copyright, trademark and other applicable laws. The site and its contents are intended solely for personal, non-commercial use. 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 (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way the site or any of its contents. Unless otherwise specified, the site and its contents are intended to promote our products and services available in Canada and the U.S. 

Trademarks and Copyrights
Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of Nudy Patooty and/or their content providers, or other third parties and are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

User Comments Feedback and Other Submissions

If you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Nudy Patooty may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Nudy Patooty. Nudy Patooty 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. Nudy Patooty 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 Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Nudy Patooty or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Nudy Patooty takes no responsibility and assumes no liability for any Comments posted by your or any third party. 

Personal Information
Please review our Privacy Policy, which governs the use of personal and identifying information on our site. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. Nudy Patooty expressly disclaims all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are noninfringing, as well as warranties implied from a course of performance or course of dealing, that access to the site will be uninterrupted or error-free, that the site will be secure, that the site or the server that makes the site available will be virus-free, or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information whether oral or written, obtained by you from Nudy Patooty or through or from the site shall create any warranty of any kind. Nudy Patooty does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

Copyright Complaints

Nudy Patooty respects the intellectual property of others. It is our policy to respond immediately to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under appropriate intellectual property laws such as the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. 

Notifying Nudy Patooty of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Nudy Patooty IPR Infringement.” At info@nudypatooty.com. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. 
If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

Limitation of Liability
You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law neither Nudy Patooty nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us or the delay or inability to use the site or for any information, products, or services advertised in or obtained through the site. Nudy Patooty’s removal or deletion of any materials submitted or posted on its site or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if Nudy Patooty, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication on-line failure, network or system outage. Your loss of profits or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither Nudy Patooty nor its suppliers shall be liable for any defamatory, offense or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with Nudy Patooty is to discontinue your use of the site. You and Nudy Patooty agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

You agree to indemnify, defend and hold harmless Nudy Patooty and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from that disruption. Nudy Patooty reserves the right, at its own expense, to assume exclusive defense and control of any Nudy Patooty in the defense of such matter.

Jurisdiction and Applicable Law

Our Legal Terms shall be treated as though it were executed and performed in Ontario, Canada, and shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Nudy Patooty Inc. under our Legal Terms shall survive the termination of our Legal Terms.

Entire Agreement and Admissibility

This Agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and Nudy Patooty with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of the Agreement will remain in place. 

Questions about Terms of Use

If you have any questions about our Terms of Use please contact us at customercare@nudypatooty.com

Updated November 2013