Terms of Use | Homebody

Last Updated: June 06, 2022

These Terms of Use constitute an agreement between Cushy Inc., and our subsidiaries and affiliates from time to time (“Cushy” or “we” or us”) and the individuals (each a “User” or “you” or “your”) who use or access our website (https://stayhomebody.com/), online services, web applications, and related features (collectively, our “Site”) or who otherwise communicate and interact with us in connection with the services offered on our Site (“Services”) and the purchase of our products (“Products”). The Terms of Use govern your use of our Site and Services and transactions involving our Products.

Please read these Terms of Use carefully before using our Site, Services, or Products. By using our Site and our Services or purchasing our Products, you agree that you have read, understood, and agree to be bound by and comply with these Terms of Use. If you disagree with any part of these Terms of Use, then you do not have permission to access or use our Site and Services and to purchase our Products.

Please also review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of our Site. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, these Terms of Use govern.

Please note that these Terms of Use contain provisions that govern the resolution of claims between Cushy and you, including an arbitration agreement, class action waiver, and jury trial waiver that affect your rights. Please see the Legal Disputes section for complete details and review carefully.

Changes

We reserve the right, at any time, to change these Terms of Use, our Privacy Policy and our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by these Terms of Use and our Privacy Policy as revised. The revised Terms of Use and Privacy Policy supersede all previous versions, notices or statements regarding our Site.

If there are changes to these Terms of Use or our Privacy Policy, the updated versions of the Terms of Use or Privacy Policy will be posted to our Site with a new "Last Updated" date at the top.

Intellectual Property Rights

Our Site, including all of its information and contents such as photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software and the code used to generate the pages on our Site (collectively, the "Materials"), are the exclusive property of Cushy or that of our authorized suppliers or licensors, and is protected by intellectual property and other applicable laws in the United States and/or abroad.

We are the owner and/or authorized user of the Cushy brand as well as any other registered or unregistered trademarks, trade names, logos, designs, titles and product names appearing on our Site, and we are the copyright owner or licensee of the Materials on our Site, unless otherwise indicated. You may not use any metatags or any other "hidden text" utilizing any of our names or trademarks without our express written consent.

EXCEPT AS OTHERWISE PROVIDED ON OUR SITE OR IN THESE TERMS OF USE, YOU MAY NOT DOWNLOAD, UPLOAD, COPY, PRINT, DISPLAY, REPRODUCE, PUBLISH, LICENSE, POST, DISTRIBUTE, OR OTHERWISE USE ANY MATERIALS FROM OUR SITE IN WHOLE OR IN PART FOR ANY PUBLIC OR COMMERCIAL PURPOSE WITHOUT SPECIFIC PRIOR WRITTEN PERMISSION FROM CUSHY. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF OUR SITE OR MATERIALS FROM OUR SITE IS PROHIBITED.

We use a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on our Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on our Site or on Shopify in advertisements or marketing on or near our Cushy pages are the property of their respective owners.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for a copyright owner who believes that material appearing on the Internet infringes his, her or its rights under U.S. copyright law. Cushy complies with the DMCA by responding to notices and counter-notices that meet the then-current DMCA requirements. Please visit http://www.copyright.gov/ for details about current DMCA requirements.

If you believe in good faith that material appearing on our Site infringes your copyright, you (or your agent) may send Cushy a written notification pursuant to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to us at our contact information below, contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)), and request that the material be removed or that access to it be blocked. Your DMCA Notice must contain:

Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on our Site are covered by a single notification, you may provide a representative list of such works on our Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
Identification of the URL or other specific location on our Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material;
Your name, address, telephone number and email address (if available);
The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf;
A statement that you have a good faith belief that use of the material on our Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and
A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must submit any notification of an alleged copyright infringement to us by email at ask@stayhomebody.com (please reference “DMCA Notice”) or by mail as set forth below:

Cushy Inc, 1019 E 4th Place, Los Angeles CA 90013, United States

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on our Site are infringing a copyright.

If you believe in good faith that your own copyrighted material has been removed from our Site as a result of mistake or misidentification, you may submit a written counter notification letter to Cushy pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:

Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or in Los Angeles, California if your address is outside the United States;
A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent;
Your name, address and telephone number;
A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or web location and will no longer be shown or accessible; and
Your physical or electronic signature.

You must submit any notification of an alleged copyright infringement to us by email at ask@stayhomebody.com (please reference “DMCA Notice”) or by mail as set forth below:

Cushy Inc, 1019 E 4th Place, Los Angeles CA 90013, United States

Upon receipt of a counter notice, we may send a copy of it to the original complaining party informing that party that Cushy may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against Cushy, the removed content may be replaced or access to it restored by Cushy.

You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees.

Use of Our Site & Acceptable Use Policy

We grant you a personal, limited, non-exclusive, non transferable license to access and make personal use of our Site and the Materials and other information contained on our Site. This license does not include any resale or commercial use of our Site; any collection and commercial use of any photographs or other Materials published on our Site; any non-personal use of Our product names, listings, descriptions, or prices; any derivative use of our Site; any downloading, copying, or other use of our Site or the Materials for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use our Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The licenses granted by us to you automatically terminate if you do not comply with these Terms of Use.

You are responsible for your use of our Site, and for any use of our Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use our Site, you agree not to:

violate any law or regulation;
violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
impersonate any person or entity, including but not limited to, a representative of Cushy, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation;
use our Site in any manner that could overburden or impair our Site or the networks or systems connected to our Site, or use any device, software or instrumentality to interfere with the proper working of our Site or disobey any requirements, procedures, policies or regulations of networks connected to our Site;
engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Site;
transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
use any means to scrape or crawl any pages contained in our Site;
attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect our Site;
intentionally or unintentionally violate any applicable local, state, national, or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission and U.S. Securities and Exchange Commission;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Site; or
advocate, encourage, or assist any third party in doing any of the foregoing.

You also agree that you will not violate or attempt to violate the security of our Site. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.

User-Generated Content

From time to time, our Site may permit the submission of content, such as comments, blogs and product reviews, generated by you and other users ("User Content"), including through social media tags.

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on our Site is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to Cushy that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Cushy to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content, and (iii) your User Content does not violate these Terms of Use or our Privacy Policy.

As between you and Cushy, you will retain all of your ownership rights in and to your User Content. By submitting User Content to us, you hereby grant to us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media or social media) your User Content, in whole or in part, including future rights that Cushy (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of our Site a non-exclusive license to access your User Content through our Site and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by our Site under these Terms of Use.

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. We reserve the right but are not obligated to monitor User Content or other content sent to or through our Site. We have the right to refuse, remove, edit or delete any User Content and to terminate any user's access to our Site for any reason. We take no responsibility for User Content.

Your Account

You may be required to register with us in order to access certain services or areas of our Site. Our Privacy Policy explains how we protect and use your information. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, we reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell our Products. We reserve the right, without prior notification, to limit the order quantity on any item and to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products on our Site are subject to change without notice. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of our Site. We reserve the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

About Our Prices

Our prices are quoted in U.S. Dollars. We do not price matches. Promotional codes can only be applied during purchase. Customer Service will be unable to honor any promotional code adjustments post-order.

Links to Other Websites

Our Site may contain links to third-party websites ("Other Sites") that are not under our control. We make no claim and accept no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from our Site or link to our Site. We provide these links to you as a convenience and the inclusion of any link does not imply endorsement by Cushy of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

Mobile Devices, SMS, and Mobile Applications

If you use a mobile device to access pages of our Site optimized for mobile-viewing, opt-in to receive SMS (text messages) from Cushy (when available), or use a mobile application, these Terms of Use apply and the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to our Site via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

By opting in, you agree to receive promotional SMS text messages on your mobile device, message frequency varies. Our SMS text messaging programs may include promotional messages, shopping cart reminders, order updates, and authentication texts. Your consent is not required as a condition of purchasing any goods or services from Cushy. You can opt-out at any time and for any reason by following provided instructions or by texting "STOP" to the number associated with the SMS message. You will receive one further message confirming you are unsubscribed. After this, you will no longer receive SMS messages from us. If you wish to join again, you can opt-in at any time. If you have any questions or require further assistance, you may respond "HELP" to the number associated with the SMS message. For more information, please contact Klaviyo by emailing.

By agreeing to receive SMS messages from us, you certify that you are over 18 years of age and: (a) you are the mobile account holder, or (b) you have the account holder's permission to enroll the designated mobile phone number and understand that message and data rates may apply. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access our Site or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. Carriers are not liable for delivered or undelivered content. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Please call us prior to ordering if you have any questions regarding the safety of our products.

Pursuant to California Civil Code Section 1789.3, Cushy provides users of our Site with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Indemnity

You agree to indemnify and hold harmless Cushy and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your use of our Site, Services, or Products, including any User Content you submit, post to or transmit through our Site, (ii) your violation of these Terms of Use, or (iii) your violation of any rights of another user.

Disclaimer of Warranties

We intend for the information and data contained in our Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of our Site and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, CUSHY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, and availability of Products. Cushy reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

Limitation on Liability

IN NO EVENT WILL CUSHY OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF OUR SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OUR SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF CUSHY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, Services, and Products available through our Site or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

Regardless of the previous paragraphs, if Cushy is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) $100 USD.

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO CUSHY, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.

Any dispute, claim or controversy (that is not resolved informally as set forth below) between you and Cushy, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Cushy”) arising from or relating in any way to: (1) these Terms of Use and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms of Use; (2) your use of our Site or Services; or (3) any Products or Services sold or distributed by Cushy (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in a court proceeding. Covered Disputes shall be interpreted broadly.

We value our customers and seek to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to Cushy by email at ask@stayhomebody.com. If Cushy has a dispute with you, Cushy agrees to first send a detailed Notice to your email address on file with us, to the extent we have such an email address. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for Cushy to identify any transaction at issue (e.g., your order number, order confirmation communication, etc.); and (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice. Our Notice will likewise set forth: (1) information sufficient for you to identify any transaction at issue, and (2) a detailed description of our dispute, the nature and basis of our claims, and the nature and basis of the relief we are seeking with a calculation for it. You and Cushy agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should we request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or Cushy may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or Cushy. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.

Any arbitration between you and Cushy shall be administered by the American Arbitration Association (“AAA”) and shall be submitted for binding arbitration in accordance with the AAA’s Consumer Arbitration Rules (in the case of consumer disputes) or Commercial Arbitration Rules (together, the “AAA Rules”) in effect at the time any demand for arbitration is filed with the AAA, as modified by this Legal Disputes Section. For a copy of the AAA Rules, please visit www.adr.org or contact the AAA. If the AAA is unavailable or unwilling to apply this Legal Disputes Section as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under the Legal Disputes Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator.

The arbitration hearing shall take place in person in Los Angeles, California, unless the parties agree on different locations or agree that it be conducted by telephone, virtually, or based on written submissions. The parties agree that the arbitration proceedings and any informal dispute resolution process will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings or informal dispute resolution process, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate. However, except as otherwise provided herein, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this clause, the scope of this clause, and the arbitrability of any claim or issue arising between us, including, but not limited to, a claim that all or any part of this Agreement is void or voidable.

The arbitrator’s decision in such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The arbitrator is bound by and must follow the terms of these Terms of Use as a court would. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to address the essential findings and conclusions of law on which the award is based. The arbitration award shall be binding only between you and Cushy and shall have no preclusive effect in any other arbitration or proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Cushy may elect to have an individual claim heard in small claims court in Los Angeles, California consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2) you agree that you or Cushy may bring suit in a court in Los Angeles, California to enjoin infringement or other misuse of intellectual property rights. You and Cushy retain the right to apply to a court in Los Angeles, California for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

Except as the Terms of Use otherwise provide and to the fullest extent permitted by law, you and Cushy acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Cushy may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity. As referenced above, the arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. If a court determines that this class action waiver is not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief shall proceed in court but shall be stayed pending arbitration of the remaining claims.

To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this arbitration clause, or where the application of such a provision would change or render unenforceable any part of this arbitration clause, such provision shall be null and void and the terms of this arbitration clause shall control.

Governing Law

You and Cushy agree that these Terms of Use and any claim between us is governed by the laws of the State of California, without regard to conflicts of laws principles thereof. Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts in Los Angeles, California.

Termination

Your ability to access and use our Site remains in effect until terminated in accordance with these Terms of Use. You agree that Cushy, in its sole discretion, may terminate your account and your use of our Site and may remove and delete your User Content if we believe that you have violated or acted inconsistently with these Terms of Use or for any other reason. We also may in our sole discretion and at any time discontinue providing our Site, or any part thereof, with or without notice. You agree that any termination of your access to our Site may be effected without prior notice and you acknowledge and agree that we may bar any further access to our Site. Further, you agree that we will not be liable to you or any third-party for any termination of access to our Site.

The provisions of the Intellectual Property Rights, User-Generated Content, Use of Our Site & Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

Right to Access

YOU MUST BE AT LEAST AGE 13 TO USE OUR SITE. By using our Site, you affirm that you are over age 13. If you are under age 13, you may not access or use our Site.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF OUR SITE.

Outages & Causes Beyond Reasonable Control

Cushy periodically schedules system downtime for our Site for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and are not liable for: (a) the unavailability of any of our Site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of our Site, any Internet service providers or otherwise.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

Jurisdictional Issues

Our Site is operated by Cushy from its offices in Los Angeles, California, USA. Our Site is intended for Users who reside in the United States of America and Canada. Cushy makes no representations or warranties that our Site or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use our Site outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. We reserve the right to limit the availability of our Site and the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on our Site is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into any country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from our Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

General Information

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and Cushy with respect to use of our Site and supersede any prior agreements between you and Cushy relating to such subject matter. These Terms of Use are not assignable, transferable or sublicensable by you except with Cushy’s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Cushy’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Cushy’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Site or information provided to or gathered by Cushy with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

Violations

Please report any violations of these Terms of Use to us at ask@stayhomebody.com

Questions?

If you have questions, comments or complaints about these Terms of Use or our Site, please contact us at ask@stayhomebody.com