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Warm Cozy Nest - Terms of Service

Welcome to Warm Cozy Nest! The terms "we," "us," and "our" refer to Warm Cozy Nest. Warm Cozy Nest operates this store and website, including all related information, content, features, tools, products, and services, to offer you, the customer, a personalized shopping experience (the "Services"). Warm Cozy Nest uses the Shopify platform, which allows us to provide you with the Services.

The terms and conditions below, together with the policies referenced within them (the "Terms of Service" or "TOS"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 - ACCESS AND ACCOUNT By accepting these Terms of Service, you represent that you have reached the age of legal majority in your state or province of residence, and you give us your consent to allow your minor children to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for the security of your account credentials and for any activity associated with your account. You are not permitted to transfer, sell, assign, or license your account to another person.

ARTICLE 2 - OUR PRODUCTS We have made every effort to accurately display our products and services in our online stores. Please note, however, that the colors or appearance of products may differ from what appears on your screen depending on the type of device you use to access the store, as well as its settings and configuration.

We do not guarantee that the appearance or quality of products or services you have purchased will meet your expectations or be identical to what is displayed or rendered in our online stores.

All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

ARTICLE 3 - ORDERS When you place an order, you are making an offer to purchase. Warm Cozy Nest reserves the right to accept or refuse your order for any reason, at its discretion. Your order is only considered accepted upon written confirmation from Warm Cozy Nest. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as Warm Cozy Nest may not be able to accept cancellation requests once an order has been confirmed. In the event your order is refused, modified, or cancelled, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time of your order.

Your purchases are subject to the return or exchange conditions set out in our Refund Policy [LINK].

You represent and warrant that your purchases are intended for personal or household use, and not for commercial resale or export.

ARTICLE 4 - PRICING AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed, as indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import charges.

Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. From time to time, we may offer promotions on our Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information, including your email address and payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) your credit card information is accurate, correct, and complete; (ii) you are authorized to use that card for the purchase; (iii) charges incurred will be honored by your card issuer; and (iv) you will pay the charges incurred at the posted prices, including shipping and handling charges and all applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY We cannot be held responsible for shipping or delivery delays. All stated delivery times are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs procedures, or any event beyond our control. Once products are handed over to the carrier, ownership and risk of loss transfer to you.

ARTICLE 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Warm Cozy Nest, its affiliates, or its licensors. They are protected by U.S. and foreign patent, copyright, and intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material found on the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of Warm Cozy Nest, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Warm Cozy Nest.

The names, logos, product and service names, designs, and slogans of Warm Cozy Nest are trademarks of Warm Cozy Nest, its affiliates, or its licensors. You may not use them without the prior written authorization of Warm Cozy Nest. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS You may be required to use third-party customer tools offered as part of the Services, tools that we do not monitor and over which we have no control or ability to contribute.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranty, representation, or condition of any kind, and without endorsement from us. We disclaim all liability arising from or related to your use of optional third-party tools.

Use of the optional tools offered on the site is entirely at your own risk and discretion. It is your responsibility to ensure that you know and accept the terms applicable to these tools, as set out by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including making new tools and resources available). These new features will be considered an integral part of the Services and will be subject to these Terms of Service.

ARTICLE 8 - LINKS TO THIRD PARTIES The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We disclaim all liability for any harm or damage related to your access to third-party websites, or to the purchase or use of products, services, resources, or content on such sites. We encourage you to carefully review the policies and practices of third parties and to make sure you understand them before completing any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY [MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.] Warm Cozy Nest is powered by Shopify, which enables us to offer you the Services. However, any sale or purchase made through our Store is made directly with Warm Cozy Nest. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Warm Cozy Nest, including any damage, harm, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage, and liability arising from or related to your purchase and transaction with Warm Cozy Nest.

ARTICLE 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be transferred to and shared with Shopify, as well as with third parties that may be located in countries other than the one in which you reside, in order to provide the services. Please refer to our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or any other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no liability and take no responsibility for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, including in relation to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after your order has been submitted).

ARTICLE 13 - PROHIBITED USES You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulation, rule, or law; (c) in a manner that infringes the intellectual property rights of Warm Cozy Nest, Shopify, or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, use, or reuse any content that does not comply with these Terms; (g) to transmit or cause the sending of any advertising or promotional material, including "spam," "chain letters," "junk mail," or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that restricts or interferes with anyone else's use or enjoyment of the Services, or that, in our judgment, could harm Warm Cozy Nest, Shopify, users of the Services, or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other malicious code that could affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting through the Services; (e) use robots, spiders, scraping tools, data collection or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, bypass, or disable security or authorization features, robot exclusion headers, or any other measure we implement to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 - AGENTS 14.1 This section (the "Agent Terms") applies if you use, authorize, activate, or cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of, or on the instruction of, a person or entity, and which may run on a device owned or used by a person, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set out in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user-agent string: "Agent/[agent name]"; (ii) not conceal or disguise the fact that access, use, or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) circumventing or completing CAPTCHAs or other measures designed to distinguish computer use from human use; (iii) respond honestly to any question or prompt intended to determine whether interactions originate from a human or a computer; (iv) not circumvent or avoid any measure designed to block, limit, modify, or control the access, use, or interactions of Agents with the Services.

ARTICLE 15 - TERMINATION We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following provisions will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

ARTICLE 16 - DISCLAIMER OF WARRANTIES The information presented on or through the Services is provided for informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and warranty regarding any consequences arising from the use of such information by you, any other visitor to the Services, or anyone informed of its content.

EXCEPT AS EXPRESSLY STATED BY WARM COZY NEST, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 17 - LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WARM COZY NEST, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.

ARTICLE 18 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless Warm Cozy Nest, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers, from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim covered by this indemnity, provided that a delay in prompt notification will not relieve you of your obligations unless you suffer substantial prejudice as a result. We may assume the defense and settlement of any claim at your expense, including the selection of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate with the defense of claims covered by this indemnity, including by providing relevant documents.

ARTICLE 19 - SEVERABILITY In the event that any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such a determination will not affect the validity or enforceability of any other remaining provisions.

ARTICLE 20 - WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 21 - ASSIGNMENT You may not delegate, transfer, or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any attempted unauthorized assignment will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 - GOVERNING LAW These Terms of Service, as well as any separate agreement under which we provide you with the Services, will be governed by and construed in accordance with the federal laws and the laws of the state or territory whose courts have jurisdiction over the location of Warm Cozy Nest's principal place of business. You and Warm Cozy Nest expressly consent to the territorial and personal jurisdiction of those courts.

ARTICLE 23 - HEADINGS The headings used in this agreement are included for convenience only and will not affect or limit the interpretation of these Terms.

ARTICLE 24 - CHANGES TO THE TERMS OF SERVICE You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our site periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 - CONTACT INFORMATION For any questions regarding these Terms of Service, please contact us at: warmcozynest@zohomailcloud.ca.

Our contact information is provided below: Warm Cozy Nest warmcozynest@zohomailcloud.ca Victoriaville, Canada