Terms of Use

The following terms and conditions govern all use of the FluffMonkey.com website (hereinafter, the “Website”) and all content, services and products available at or through the Website.  The Website is owned and operated by Fluff Monkey Enterprises, LLC.  The Website is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Fluff Monkey Enterprises, LLC’s Privacy Policy and Fluff Monkey, LLC’s E-Commerce Terms) and procedures that may be published from time to time on this Website by Fluff Monkey Enterprises, LLC (collectively, the “Agreement”).

General Terms

Welcome to our Website.  We hope you enjoy the fun, friendly, and family-oriented nature of the Website and our products and enjoy browsing the Website at your leisure.  However, if you continue to browse and use this Website, you are agreeing to comply with and be bound by the following Terms and Conditions of Use, which together with our Privacy Policy and E-Commerce Terms govern Fluff Monkey Enterprises, LLC’s relationship with you in relation to this Website.  The terms ‘company’ or ‘us’ or ‘we’ refer to Fluff Monkey Enterprises, LLC, the owner of the Website, whose registered office is in Seven Valleys, Pennsylvania. The term ‘you’ refers to the user or viewer of our Website. The use of this Website is subject to the following terms of use:

  • The content of the pages of this Website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this Website is entirely at your own risk for which we shall not retain liability.  It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
  • This Website contains material which is owned by us. This material includes, but is not limited to, the design, layout, look, appearance, images, text, illustrations, graphics, designs, logos, photographs, programs, and written and other materials that are part of this Website.  Reproduction, distribution, modification, display, preparation of derivative works based on the Website material, reposting, or other uses are prohibited unless prior written permission is provided by Fluff Monkey Enterprises, LLC.
  • Any trademarks and service marks which are or may be reproduced on this Website which are not the property of, or licensed to, Fluff Monkey Enterprises, LLC are acknowledged on the Website.
  • Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.
  • From time to time this Website may also include links to other websites.  These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).  Moreover, we have no responsibility for the content of the linked website(s).
  • Your use of this Website and any dispute arising out of such use of the website is subject to the laws of the United States of America.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the Terms and Conditions of this Agreement.  If you do not agree to all the Terms and Conditions of this Agreement, then you may not access the Website or use any services.  If these Terms and Conditions are considered an offer by Fluff Monkey Enterprises, LLC, acceptance is expressly limited to these terms.  The E-Commerce portion of our website is available only to individuals who are at least 13 years old.

  1. Intellectual Property.  This Agreement does not transfer from Fluff Monkey Enterprises, LLC to you any of Fluff Monkey Enterprises, LLC’s intellectual property, including, but not limited to, patents, trademarks, and copyrights, and all right, title and interest in and to such property will remain solely with Fluff Monkey Enterprises, LLC.  Unless otherwise noted, all the design, layout, look, appearance, images, text, illustrations, graphics, designs, logos, photographs, programs, and written and other materials that are part of this Website (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, and controlled by Fluff Monkey Enterprises, LLC and are protected by United States and international trademark, copyright, and any other applicable laws.  The compilation, meaning the collection, arrangement, and assembly, of the Contents on this site is the exclusive property of Fluff Monkey Enterprises, LLC and is also protected by United States and international copyright laws.  You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used without the written permission of Fluff Monkey Enterprises, LLC.  The trademarks, graphics, and logos (collectively the “Trademarks”), displayed on this Website are registered and unregistered trademarks and service marks of Fluff Monkey Enterprises, LLC.  Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited without the written permission of Fluff Monkey Enterprises, LLC.  Your use of the Website grants you no right or license to reproduce or otherwise use any of Fluff Monkey LLC’s intellectual property.
  2. Intellectual Property Infringement Policy.  As Fluff Monkey Enterprises, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website or any related websites violates your copyright, you are encouraged to notify Fluff Monkey Enterprises, LLC.  Fluff Monkey Enterprises, LLC will respond to all such notices, including as required or appropriate by removing the allegedly infringing material or disabling all links to the allegedly infringing material.  Fluff Monkey Enterprises, LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Fluff Monkey Enterprises, LLC or others.  In the case of such termination, Fluff Monkey Enterprises, LLC will have no obligation to provide a refund of any amounts previously paid to Fluff Monkey Enterprises, LLC.
  3. Changes. Fluff Monkey Enterprises, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.  Fluff Monkey Enterprises, LLC may also, in the future, offer new services and/or features through the Website, including, but not limited to the release of new tools and resources. Such new features and/or services shall be subject to the Terms and Conditions of this Agreement.
  4. Disclaimer of Warranties. The Website is provided “as is”. Fluff Monkey Enterprises, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Fluff Monkey Enterprises, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.  You understand that you download from or otherwise obtain content or services through the Website at your own discretion and risk.
  5. Limitation of Liability. In no event will Fluff Monkey Enterprises, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the costs paid by you to Fluff Monkey Enterprises, LLC under this Agreement.  Fluff Monkey Enterprises, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  6. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with Fluff Monkey Enterprises, LLC’s Terms of Use, Privacy Policy, and E-Commerce Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside), and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  7. Indemnification. You agree to indemnify and hold harmless Fluff Monkey Enterprises, LLC, its contractors, suppliers, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  8. Miscellaneous. This Agreement constitutes the entire agreement between Fluff Monkey Enterprises, LLC and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Fluff Monkey Enterprises, LLC, or by the posting by Fluff Monkey Enterprises, LLC of a revised version.  Except to the extent applicable law, if any, provides otherwise, this Agreement, and any access to or use of the Website will be governed by the laws of the State of Pennsylvania, U.S.A., excluding its conflict of law provisions.  The proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in York County, Pennsylvania.  Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules (hereinafter, “Rules”) of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in York, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.  If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.  You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its Terms and Conditions; Fluff Monkey Enterprises, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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