Cherub’s Blanket Privacy Policy

In offering organic cotton baby blankets and natural baby items, Cherub’s Blanket LLC (“we” or “us”) believes in protecting the privacy of its customers (“you”). The purpose of this privacy policy is to describe the kinds of information that we may gather about you; how we may use that information; how we protect it; when we may disclose it; and the choices you have regarding your information. By using the Cherub’s Blanket website, you consent to the practices described in the current version of this privacy policy. If you have read this privacy policy previously, please review it again to be sure you are familiar with its present terms. The date of the most recent update is listed at the end of this policy. If you have any questions or concerns about the privacy or security of your information, you may contact us using the contact information provided below.


Collection and Use of Non-Personal Information
Session Analytics Information. We may automatically collect non-personally identifiable information about your hardware devices (i.e., your computer or mobile device) when you access the Cherub’s Blanket website. For example, when you visit cherubsblanket.com (the “Site”), we may collect your Internet Protocol (“IP”) address, which is the number automatically assigned to your computer or mobile device whenever you access the Internet, as well as information about the type of Web browser software you use and the referring Web site. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our service and to administer the Site. Similarly, when you use the Cherub’s Blanket on your mobile device, we may collect information about the type of mobile device you use. We may also collect information about your activity on our site, such as the time and duration of your visit, the sections of the site that you visit, the search terms you use, and the products you add to your shopping cart. Persistent Identifiers . We also collect non-personally identifiable information through the use of cookies. A cookie is an alphanumeric file that a Web site puts on your hard drive or mobile device so that it can remember something about you while you are using the website or when you return to the website. These technologies make it easier for you to use the Cherub’s Blanket website. We use them in order to retain the contents in your shopping cart while you are checking out other areas of the Cherub’s Blanket website. When you are done, the products in your cart are still there for you to buy. We also use them to gather certain aggregate usage information about the numbers and frequency of visitors to the Cherub’s Blanket website and how they interact with the Cherub’s Blanket website. This data helps us improve the appearance and usability of the Cherub’s Blanket website. Cookies do not collect personally identifiable information. Cookies may remain on your hard drive or device after you cease using the Cherub’s Blanket website. You may decline to accept cookies by modifying your web browser settings. If you choose to decline cookies, however, you may not be able to sign up for or use certain features of the Cherub’s Blanket website that depend on your web browser accepting cookies. Cherub’s Blanket, its advertisers and ad servers, may also use cookies, as well as files called "Web beacons" or "clear gifs" to determine on an anonymous basis which advertisements and promotions our users have seen and how users responded to them. However, we do not use these technologies to collect personally identifiable information.

Collection of Personal Information

Personal Information You Provide. We may collect and store any identifiable information that you choose to provide in connection with your use of the Cherub’s Blanket website. This may include personally identifiable information (such as your name, shipping address, billing address, email address, phone number and credit card number) that we need in order to process your orders, communicate with you, or provide you with website that you request. For example, through order forms on our Site, we collect personally identifiable information necessary for shipping products that you purchase. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address). Personal Information from Other Sources . Information that you give us may be combined with other personally identifiable information (such as order history and demographic information) from third-party sources to make our marketing efforts more efficient. Examples of other information we receive from third-party sources include updated delivery and address information, which we use to correct our records and deliver your next purchase more easily.

Uses of Personal Information About You

Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you. You may opt-out of receiving future mailings; see “How to remove your name from our mailing, sharing or email list” below. If you register for email or if you provide your email address to us, we will send you emails. These emails will inform you of our launch of new products, of special sales, of promotional offers from our partners, of environmental issues we think are important, and opportunities that you may find of interest. If you currently receive our emails and do not wish to continue receiving them, please see the “How to remove your name from our mailing, sharing or email list” section below. We use your shipping address to ship your products to you and other mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “Disclosures of Your Information” section below. If you do not wish to receive catalogs or other mailings from us, please see the “How to remove your name from our mailing, sharing or email list” section below.

Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you. You may opt-out of receiving future mailings; see “How to remove your name from our mailing, sharing or email list” below. If you register for email or if you provide your email address to us, we will send you emails. These emails will inform you of our launch of new products, of special sales, of promotional offers from our partners, of environmental issues we think are important, and opportunities that you may find of interest. If you currently receive our emails and do not wish to continue receiving them, please see the “How to remove your name from our mailing, sharing or email list” section below. We use your shipping address to ship your products to you and other mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “Disclosures of Your Information” section below. If you do not wish to receive catalogs or other mailings from us, please see the “How to remove your name from our mailing, sharing or email list” section below. Disclosures of Personal Information About You

We do not disclose personal information about you to other companies, persons or agencies, except for the purposes described below: Service Providers: We employ other companies and individuals to perform certain website and functions on our behalf. Examples include operating and maintaining our Site, taking orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their website or functions, but may not use it for other purposes. For Your Protection and Ours: We may release personally identifiable information when we believe it is appropriate to comply with applicable law regulation, legal process, or governmental request; to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of Cherub’s Blanket, our customers, our employees or others.

How to Remove your Name from Our Mailing, Sharing or Email List

You may choose to receive or decline communications from us at the point where we request information about you. You also may use the following options for removing your information from our database so as not to receive future communications, or to no longer receive our service

You may choose to receive or decline communications from us at the point where we request information about you. You also may use the following options for removing your information from our database so as not to receive future communications, or to no longer receive our service.

1. Send an email to info@cherubsblanket.com

2. Send mail to the following address: Cherub’s Blanket Customer Service P.O. Box 201403,  Shaker Heights, Ohio   44120

3. Call the following telephone number: 1-877-902-2292

4. In commercial emails that we send you, you may use the “opt out” or “unsubscribe” option included in the email itself.

How to Correct Your Information on Our Mailing, Sharing or Email List

1. Send an email to info@cherubsblanket.com

2. Send mail to the following address: Cherub’s Blanket Customer Service P.O. Box 201403,  Shaker Heights, Ohio   44120

3. Call the following telephone number: 1-877-902-2292

Protection of Personal Information
We want you to feel confident about using and making purchases through the Cherub’s Blanket website, and we are committed to protecting the personal information we collect. While we cannot guarantee security, we have implemented appropriate physical, electronic and managerial security procedures to help protect the personal information that you provide to us.

Children’s Privacy
We do not sell merchandise for purchase by children via the Cherub’s Blanket website. If you are under 18, you may use the Cherub’s Blanket Website only with the involvement of a parent or guardian. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.


External Links

 

If any part of the Cherub’s Blanket website links you to other Web sites or mobile applications, those Web sites and mobile applications do not operate under this privacy policy. We recommend that you examine the privacy statements posted on those other Web sites and mobile applications to understand their procedures for collecting, using, and disclosing personal information.

If any part of the Cherub’s Blanket website links you to other Web sites or mobile applications, those Web sites and mobile applications do not operate under this privacy policy. We recommend that you examine the privacy statements posted on those other Web sites and mobile applications to understand their procedures for collecting, using, and disclosing personal information.


Changes to this Privacy Policy

We may update this privacy policy in the future. We will notify you about material changes to this privacy policy by sending a notice to the e-mail address you provided to us or by placing a prominent notice on our Site.

How to contact Us  

If you have any questions or concerns about the privacy or security of your information, you may contact us in any of the following ways:

1. Send an email to info@cherubsblanket.com

2. Send mail to the following address: Cherub’s Blanket Customer Service P.O. Box 201403,  Shaker Heights, Ohio   44120

3. Call the following telephone number: 1-877-902-2292

Terms of Use Agreement

Welcome to cherubsblanket.com and Cherub’s Blanket mobile website (the “Cherub’s Blanket Electronic Platforms”). The Cherub’s Blanket Electronic Platforms are hosted by Cherub’s Blanket, LLC. By using the Cherub’s Blanket Electronic Platforms, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using the Cherub’s Blanket Electronic Platforms, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the Cherub’s Blanket Electronic Platforms. In addition, when you use any current or future version of the Cherub’s Blanket Electronic Platforms, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Cherub’s Blanket Electronic Platforms following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.


Privacy

Privacy Please review our privacy policy, which also governs your use of the Cherub’s Blanket Electronic Platforms, to understand our privacy practices. The terms and conditions of our privacy policy, which are set forth above, are incorporated herein and made a part of this Agreement.

Orders

Cherub’s Blanket does sell products for children, but it does not sell products to children. Cherub’s Blanket only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Cherub’s Blanket reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Cherub’s Blanket believes that user conduct violates applicable law or is harmful to the interests of Cherub’s Blanket or its affiliates.

Cherub’s Blanket does sell products for children, but it does not sell products to children. Cherub’s Blanket only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Cherub’s Blanket reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Cherub’s Blanket believes that user conduct violates applicable law or is harmful to the interests of Cherub’s Blanket or its affiliates.

Copyright

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Cherub’s Blanket Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by Cherub’s Blanket or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Cherub’s Blanket Electronic Platforms for any purposes. Nothing stated or implied on the Cherub’s Blanket Electronic Platforms confers on you any license or right under any copyright of Cherub’s Blanket or any third party. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Cherub’s Blanket or third-party products or website, whether or not appearing in large print or with the trademark symbol, belong exclusively to Cherub’s Blanket or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Cherub’s Blanket Electronic Platforms confers on you any license or right under any patent or trademark of Cherub’s Blanket or any third party. The Cherub’s Blanket Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Cherub’s Blanket Electronic Platforms, or use the contents of the Cherub’s Blanket Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Cherub’s Blanket or its lawful successors and assigns. For usage permission, email info@cherubsblanket.com.  

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Cherub’s Blanket Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by Cherub’s Blanket or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Cherub’s Blanket Electronic Platforms for any purposes. Nothing stated or implied on the Cherub’s Blanket Electronic Platforms confers on you any license or right under any copyright of Cherub’s Blanket or any third party. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Cherub’s Blanket or third-party products or website, whether or not appearing in large print or with the trademark symbol, belong exclusively to Cherub’s Blanket or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Cherub’s Blanket Electronic Platforms confers on you any license or right under any patent or trademark of Cherub’s Blanket or any third party. The Cherub’s Blanket Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Cherub’s Blanket Electronic Platforms, or use the contents of the Cherub’s Blanket Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Cherub’s Blanket or its lawful successors and assigns. For usage permission, email info@cherubsblanket.com.  

License and Access to Cherub’s Blanket Electronic Platforms

Cherub’s Blanket grants you a limited license to access and make personal use of the Cherub’s Blanket Electronic Platforms and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of Cherub’s Blanket. This license does not include any resale or commercial use of the Cherub’s Blanket Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Cherub’s Blanket Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the Cherub’s Blanket Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cherub’s Blanket. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cherub’s Blanket and our affiliates without express written consent. You may not use meta tags or any other hidden text using Cherub’s Blanket’s name or trademarks without the express written consent of Cherub’s Blanket. Any unauthorized use terminates the permission or license granted by Cherub’s Blanket. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Cherub’s Blanket so long as the link does not portray Cherub’s Blanket or its products or website in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Cherub’s Blanket logo or other proprietary graphic or trademark as part of the link without express written permission.

 

 

Third Party and Co-Branded Web Sites

 

Third Party and Co-Branded Web Sites The Cherub’s Blanket Electronic Platforms may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Cherub’s Blanket (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Cherub’s Blanket to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the Cherub’s Blanket Electronic Platforms. CHERUB’S BLANKET IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Your Responsibilities

You agree to comply with all applicable law in connection with your use of the Cherub’s Blanket Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Cherub’s Blanket. As a condition of your use of the Cherub’s Blanket Electronic Platforms, you warrant that you will not use the Cherub’s Blanket Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Cherub’s Blanket Electronic Platforms or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Cherub’s Blanket or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. By using the Cherub’s Blanket Electronic Platforms, you agree not to violate or attempt to violate the security of the Cherub’s Blanket Electronic Platforms, including, without limitation, actions such as: Accessing data not intended for you or logging into a server or account that you are not authorized to access; Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Cherub’s Blanket Electronic Platforms; Sending unsolicited email, including promotions and/or advertising of products or website, and Forging any TCP/IP packet header or any part of the header information in any email or posting.

Risk of Loss  

All products purchased from the Cherub’s Blanket Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Cherub’s Blanket. Title to products purchased on the Cherub’s Blanket Electronic Platforms, as well as the risk of loss for such products, passes to you when Cherub’s Blanket delivers these items to the carrier.

The Cherub’s Blanket Guarantee
Cherub’s Blanket guarantees every product we make. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, you may return the product to the store from which you bought it or to Cherub’s Blanket for repair, replacement, or refund in accordance with Cherub’s Blanket’s warranty policy. Damage due to wear and tear will be repaired at a reasonable charge.

Product Information

Cherub’s Blanket attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the Cherub’s Blanket Electronic Platforms are accurate, complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed at the cherubsblanket.com are quoted in U.S. Dollars, and on cherubsblanket.co.uk in British Pounds.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Cherub’s Blanket Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.


DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY THE CHERUB’S BLANKET ELECTRONIC PLATFORMS ARE PROVIDED BY CHERUB’S BLANKET ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHERUB’S BLANKET MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CHERUB’S BLANKET ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, WEBSITE OR LINKED WEBSITE PROVIDED ON OR THROUGH THE CHERUB’S BLANKET ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE CHERUB’S BLANKET ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE CHERUB’S BLANKET ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE CHERUB’S BLANKET ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE CHERUB’S BLANKET ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE CHERUB’S BLANKET ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CHERUB’S BLANKET ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHERUB’S BLANKET DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL CHERUB’S BLANKET, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CHERUB’S BLANKET ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE CHERUB’S BLANKET ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE CHERUB’S BLANKET ELECTRONIC PLATFORMS OR ANY LINKED SITES OR WEBSITE; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO CHERUB’S BLANKET THROUGH THE CHERUB’S BLANKET ELECTRONIC PLATFORMS; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Ohio, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Ohio. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any dispute relating in any way to your visit to Cherub’s Blanket or to products you purchase through Cherub’s Blanket shall be submitted to confidential arbitration in Cleveland, Ohio, United States of America, except that, to the extent you have in any manner violated or threatened to violate Cherub’s Blanket’s intellectual property rights, Cherub’s Blanket may seek injunctive or other appropriate relief in any state or federal court in the State of Ohio, United States of America, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnification

 

You agree to defend, indemnify, and hold harmless Cherub’s Blanket and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Cherub’s Blanket arising out of or relating to your use of the Cherub’s Blanket Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.


Miscellaneous Legal Provisions

We may discontinue the Cherub’s Blanket Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Cherub’s Blanket Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Cherub’s Blanket Electronic Platforms at any time for any reason, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cherub’s Blanket as a result of this Agreement or your use of the Cherub’s Blanket Electronic Platforms. Nothing contained in this Agreement is in derogation of Cherub’s Blanket’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Cherub’s Blanket Electronic Platforms or information provided to or gathered by Cherub’s Blanket with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Cherub’s Blanket to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. This Agreement is the entire and final Agreement regarding the Cherub’s Blanket Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Cherub’s Blanket and you regarding the Cherub’s Blanket Electronic Platforms and their contents. All rights not expressly granted herein are hereby reserved. EFFECTIVE DATE: September 15, 2011

We may discontinue the Cherub’s Blanket Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Cherub’s Blanket Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Cherub’s Blanket Electronic Platforms at any time for any reason, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cherub’s Blanket as a result of this Agreement or your use of the Cherub’s Blanket Electronic Platforms. Nothing contained in this Agreement is in derogation of Cherub’s Blanket’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Cherub’s Blanket Electronic Platforms or information provided to or gathered by Cherub’s Blanket with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Cherub’s Blanket to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. This Agreement is the entire and final Agreement regarding the Cherub’s Blanket Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Cherub’s Blanket and you regarding the Cherub’s Blanket Electronic Platforms and their contents. All rights not expressly granted herein are hereby reserved. EFFECTIVE DATE: September 15, 2011