These General Terms and Conditions of Use ("Terms") are entered into by and between you and EJG Apparel, LLC (“Cocoon”). In consideration of your use of and access to this Internet website (“Cocoon website”) and the promises and obligations herein, and intending to be legally bound, you and Cocoon hereby agree that your access to and use of the Cocoon website is subject to these Terms, as well as any modifications issued by Cocoon to these Terms, and all applicable laws and regulations. BY USING THIS WEBSITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Cocoon website. Among other things, Cocoon provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by Cocoon in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Cocoon website contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these, Terms and the Specific Terms, the Specific Terms shall prevail. CHANGES IN TERMS
Cocoon shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Cocoon website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Cocoon website. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Cocoon to these Terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Cocoon shall be valid or enforceable against Cocoon unless expressly agreed to by Cocoon in a writing signed by a duly authorized officer of Cocoon. TERMINATION
Cocoon reserves the right to immediately terminate this agreement and/or your access to and use of the Cocoon website or any portion thereof, at any time and for any reason, with or without cause. Cocoon shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Cocoon website shall immediately cease. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Cocoon website and your purchase of items from Cocoon (if applicable) on the Cocoon website. CONTENT
All design and content featured on the Cocoon website, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content", and are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Cocoon. This website in its entirety is protected by copyright and applicable trade dress. The Content may contain errors, omissions, or typographical errors or may be out of date. Cocoon may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Cocoon in any way except to the extent it is specifically indicated to be so. You may view and use the Content only for your personal, noncommercial use, and for shopping and ordering on the Cocoon website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Cocoon does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Cocoon website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by Cocoon, is strictly prohibited. LINKED THIRD PARTY SITES
Links to other Internet websites operated by third parties, including Cocoon vendors, do not constitute sponsorship, endorsement, or approval by Cocoon of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Cocoon, and Cocoon is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk. PRICES; ORDERS (APPLICABLE IF PRODUCTS ARE SOLD ON THE COCOON WEBSITE)
All prices displayed on the Cocoon website are quoted in U.S. dollars. Cocoon may restrict delivery to addresses within the United States. Cocoon will add shipping and handling fees and applicable sales/use tax as necessary. Cocoon reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Cocoon website without incurring any obligation to you. Products displayed on the Cocoon website are available while supplies last. The receipt by you of an order confirmation does not constitute Cocoon's acceptance of an order. Prior to Cocoon's acceptance of an order, verification of information may be required. Cocoon reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Cocoon, for any reason.
Cocoon reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Cocoon shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Cocoon shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. Merchandise Availability
Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by contacting Customer Service by e-mailing us at email@example.com. You are able to check on the status and tracking information for your order by logging into your account and visiting the “Past Orders” section in the Account tab. DISCLAIMER
COCOON MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE COCOON WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. COCOON ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE COCOON WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT COCOON OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE COCOON WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. 9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COCOON, ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE COCOON WEBSITE, EVEN IF COCOON IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COCOON’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. 10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Cocoon, its subsidiaries and affiliates, Cocoon's vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to (i) your violation of these Terms, (ii) any allegation that any information on material submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your account. 11. GOVERNING LAW
This agreement is governed by and construed in accordance with the laws of the State of Minnesota, U.S.A., without regards to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of any state or federal court located in the county of Hennepin, state of Minnesota, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
- what personally identifiable information of yours is collected from you through Cocoon’s website,
- the organization collecting the information,
- how the information is used,
- with whom the information may be shared,
- what choices are available to you regarding collection, use and distribution of the information,
- the kind of procedures we employ in an effort to hinder the unauthorized access, deletion, alteration, use or disclosure of information you provide to Cocoon, and
- how you can correct any inaccuracies in the information you provide to us.
If you have questions or concerns regarding this statement, you should contact us by sending an email to firstname.lastname@example.org.
SCOPE OF POLICY
This policy applies to Cocoon's treatment of personally identifiable information that Cocoon collects through Cocoon's website and when you use Cocoon's services. The policy does not apply to practices of companies whose websites may be linked to Cocoon. For access to the privacy policies of such linked websites, please refer to the information provided by such websites at their home pages. Also see the paragraph below under the heading "Hypertext Links".
INFORMATION COLLECTION AND USE
Cocoon collects personally identifiable information when you request information from Cocoon. On such occasions, Cocoon may ask for your name, email address, zip code and personal information concerning your interests, occupation, gender and other demographic information. No payment information is handled by Cocoon; all payment processing is handled through an SSL encrypted payment gateway using PayPal (please visit PayPal for more information) or through Shopify's payment processing. Shopify stores are certified Level 1 PCI DSS compliant.
Cocoon does not seek to collect such information from persons under the age of 18. If you are under the age of 18, please do not submit any such information to us. If you are the parent or guardian of a person under the age of 18 who has provided such information to us, please inform us (through the Cocoon website or telephone number listed above) and we will remove such information from our database as described further below.
In addition, no person (of any age) is required to provide us with the personally identifiable information we request. If you do not wish to provide such information, you are free not to do so. Your provision of requested information to us through Cocoon’s website or other means is presumed by us to be voluntary and with your consent to the uses described herein. If after submitting personally identifiable information to us, you wish to "opt-out," please contact us as noted above and we will remove your information from our database as set forth below in the section titled "Managing Your Information." Please know that such a decision will not stop advertising or content that is generated prior to the time when we can accomplish the removal of your information.
Cocoon uses the information you provide to us to accept and process your order, we may also use this information to customize advertising and content that we present to you, to contact you concerning specials, abandoned shopping carts and new products and to enhance our product offerings. Cocoon will not sell or rent your personally identifiable information to any third party except when:
You have been given an opportunity to "opt out" of sharing the information and have declined to exercise that right within the time period provided; Cocoon must share the information in order to provide a product or service that you have requested, in which case we will demand that any third party we use to fulfill your order agree that it does not have the right to use the personally identifiable information other than to fulfill your request; or Cocoon is required to respond to subpoena, court orders or other legal process requiring such disclosure.
MANAGING YOUR INFORMATION
Cocoon employs reasonable measures to maintain all personally identifiable information provided by you on computer servers in a controlled and secured environment in an effort to hinder unauthorized access, loss, alteration, use or disclosure of such information. Unfortunately, the nature of the Internet is such that information may be transmitted over networks without appropriate security measures and may be accessed, deleted, altered, used or disclosed by unauthorized persons.
MODIFICATIONS TO THIS POLICY
Cocoon may make modifications or amendments to this policy from time to time. In the event that such changes alter how Cocoon gathers, processes, uses or discloses your personally identifiable information, Cocoon will post such changes on our website.
Cocoon, its suppliers, licensors, or the original creators of all materials on Cocoon’s website own all copyrightable subject matter on Cocoon’s website and all trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Cocoon and/or such other parties. No license to or right in any such copyrights, trademarks, patents, proprietary information, technologies, products, processes and other proprietary rights of Cocoon and/or other parties is granted to or conferred upon you. In addition, direct linking, deep linking, framing, page-jacking, metatagging, and using a robot, spider, or automated device of any kind to monitor or copy Cocoon’s website is strictly prohibited.
Notwithstanding the foregoing, Cocoon hereby authorizes you only to copy the content herein solely for your personal and private use in learning about, evaluating, or acquiring Cocoon products. Except where expressly noted, no other permission is granted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this website. Any unauthorized use of any material contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any other use of materials on this website, including reproduction for purposes other than those expressly permitted herein, modification, distribution, or republication, without prior written permission of Cocoon is strictly prohibited. Any copy made by you as permitted herein must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.
Sales tax will be charged for purchases shipped to the following states: