Terms of Use

Legal Notices
Terms of Use

Please Read These Terms Carefully Before Using this Site

FOR ALL PRODUCT PURCHASES, CUSTOM AND IN STOCK PRODUCTS, YOUR CREDIT CARD WILL BE CHARGED AT THE TIME OF PURCHASE DURING CHECKOUT.

This Web site is provided by Cushion Clearance and may be used for informational and shopping purposes only. By using the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.

Limited License

Subject to the terms and conditions set forth in this Agreement, Cushion Clearance grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

Cushion Clearance authorizes you to view and download the information ("Materials") at this Web site ("Site") only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Cushion Clearance does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. Cushion Clearance DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE Cushion Clearance THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. Cushion Clearance RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. Cushion Clearance MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third Party Sites

As a convenience to our clients and visitors, Cushion Clearance may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Cushion Clearance makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Cushion Clearance or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Cushion Clearance or any of its affiliates or subsidiaries.

External Links to the Site

All links to the Site must be approved in writing by Cushion Clearance except that Cushion Clearance consents to links in which: (i) the link is a text-only link containing only the name "Cushion Clearance"; (ii) the link "points" only to www.Cushion Clearance.com and not to deeper Cushion Clearances;(iii) the link, when activated by a user, displays that Cushion Clearance full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Cushion Clearance nor be such as to Cushion Clearance or dilute the goodwill associated with the name and trademarks of Cushion Clearance or its Affiliates. Cushion Clearance reserves the right to revoke this consent to link at any time in its sole discretion.

Information Provided By You

Any personally identifiable information you may provide to Cushion Clearance via this Site is protected by the Privacy Policy associated with this Site. Cushion Clearance does not want you to, and you should not, send any confidential or proprietary information to Cushion Clearance via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Cushion Clearance will not be considered confidential or proprietary. By providing any such information or materials to Cushion Clearance, you grant to Cushion Clearance an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Cushion Clearance is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Cushion Clearance. You further recognize that Cushion Clearance does not want you to, and you warrant that you shall not, provide any information or materials to Cushion Clearance that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitations of Cushion Clearance

IN NO EVENT SHALL Cushion Clearance OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF Cushion Clearance IS EXPRESSLY ADVISED OF THE POSSIBILITY.

Changes

Cushion Clearance reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such changes is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. Cushion Clearance may terminate, change, suspend or discontinue any aspect of the Cushion Clearance Site, including the availability of any features of the Site, at any time. Cushion Clearance may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Cushion Clearance may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

International Users and Choice of Law

This Site is controlled, operated and administered by Cushion Clearance from its offices within the United States of America. Cushion Clearance makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions.

This Agreement constitutes the entire agreement between Cushion Clearance and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Copyright and trademark information on Cushion Clearance.com, The Cushion Clearance Monogram, taglines, intellectual property, and all other trademarks, unless otherwise noted, are owned or licensed by Cushion Clearance and/or Online Commerce Group, LLC. All other brand names, product names, or trademarks belong to their respective holders.

Address Corrections/Redelivery Fees

If Cushion Clearance incurs additional shipping costs and fees due to customer address entry error, the customer will be charged for the additional costs, including but not limited to an $11 address correction fee, an $11 delivery interruption fee to reroute, redelivery fees and any associated shipping charges.

Sales and Use Taxes

Cushion Clearance collects and remits sales tax only for places where we have a physical nexus, in accordance with Federal law. If we do not collect any taxes for your location, you may still owe state use taxes on your purchases. Consult your state department of revenue about any taxes you might owe on your purchases.

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