Terms of Use
EXISTING CONTENT:
Happy Everything! by Laura Johnson website is operated by Coton Colors Company, LLC. All questions should be directed to:
Coton Colors Company LLC
2718 Centerville Road
Tallahassee, FL 32308
850-383-1111
Your use of happy-everything (the “Website”) is governed by the following Terms of Use. Your use of the Website constitutes your agreement to comply with the Terms of Use and to be bound by them. If you do not agree with the Terms and Conditions, do not use the Website. COTON COLORS COMPANY reserves the right to revise the Terms and Conditions at any time in COMPANY'S sole discretion. Such revisions to the Terms and Conditions are effective immediately upon posting. Your use of the Website after any revisions have been made to the Terms and Conditions constitutes your agreement to follow the revised Terms and Conditions and to be bound by them. You are expected to check this page frequently so that you are aware of any changes, as they are binding on you.
The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with COTON COLORS COMPANY and are 18 years of age or older. If you do not meet these requirements, you must not access or use the Website.
Accessing the Website and Account Security
COTON COLORS COMPANY reserves the right to withdraw or amend the Website, and any service or material COTON COLORS provides on the Website, in COTON COLORS COMPANY'S sole discretion without notice. COTON COLORS COMPANY will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, COTON COLORS COMPANY may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of the Terms and Conditions and comply with them.
- To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by COTON COLORS COMPANY'S Privacy Policy (see Privacy Policy), and you consent to all actions COTON COLORS COMPANY takes with respect to your information consistent with COTON COLORS COMPANY'S Privacy Policy.
- If you choose, or are provided with, a user name, password, or any other piece of information as part of COTON COLORS COMPANY'S security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify COTON COLORS COMPANY immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- COTON COLORS COMPANY has the right to disable any user name, password, or other identifier, whether chosen by you or provided by COTON COLORS COMPANY , at any time in COTON COLORS COMPANY'S sole discretion for any or no reason, including if, in COTON COLORS COMPANY'S opinion, you have violated any provision of the Terms and Conditions.
Intellectual Property Rights
- All of the content on the Website (images, illustrations, graphics and text) is governed by the Coton Colors Company Intellectual Property Policy (see Intellectual Property)
Prohibited Uses
- You may use the Website only for lawful purposes and in accordance with the Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (as defined herein).
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate COTON COLORS COMPANY , a COTON COLORS COMPANY employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by COTON COLORS COMPANY , may harm COTON COLORS COMPANY or users of the Website, or expose them to liability.
- Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in the Terms and Conditions, without COTON COLORS COMPANY' S prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
User Contributions
- The Website contains product review sections and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
- All User Contributions must comply with the Content Standards (as defined herein). Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant COTON COLORS COMPANY and COTON COLORS COMPANY'S affiliates and service providers, and each of their and COTON COLORS COMPANY'S respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
Monitoring and Enforcement; Termination
- COTON COLORS COMPANY has the right to:
- Remove or refuse to post any User Contributions for any or no reason in COTON COLORS COMPANY'S sole discretion.
- Take any action with respect to any User Contribution that COTON COLORS COMPANY deems necessary or appropriate in COTON COLORS COMPANY'S sole discretion, including if COTON COLORS COMPANY believes that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for COTON COLORS COMPANY .
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of the Terms and Conditions.
- Without limiting the foregoing, COTON COLORS COMPANY has the right to cooperate fully with any law enforcement authorities or court order requesting or directing COTON COLORS COMPANY to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS COTON COLORS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- However, COTON COLORS COMPANY cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, COTON COLORS COMPANY assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. COTON COLORS COMPANY has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
- These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms and Conditions and COTON COLORS COMPANY'S Privacy Policy (see Privacy Policy).
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by COTON COLORS COMPANY or any other person or entity, if this is not the case.
Linking to the Website and Social Media Features
- You may link to COTON COLORS COMPANY'S homepage, provided you do so in a way that is fair and legal and does not damage COTON COLORS COMPANY'S reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on COTON COLORS COMPANY'S part without COTON COLORS COMPANY'S express written consent.
Gift Card Messages
- COTON COLORS' gift card service is provided to COTON COLORS COMPANY'S customers for messages to family and friends. COTON COLORS COMPANY does not permit the use any type of obscene, profane, or threatening language that could violate any law or regulation. COTON COLORS COMPANY may restrict or remove any content from a gift message that COTON COLORS determines violates its guidelines.
Photography
- COTON COLORS COMPANY makes every effort to display accurate pictures and colors of COTON COLORS COMPANY'S products on the Website. However, the colors you see will depend on your monitor, and COTON COLORS COMPANY cannot guarantee that your monitor's display will be accurate.
Pricing
- The prices displayed on the Website are quoted in U.S. currency and are subject to change at any time.
Errors and Inaccuracies
- COTON COLORS COMPANY'S goal is to provide complete and accurate information on the Website. However, it is not possible to ensure that any website is free of human or technological errors. Therefore, the Website may contain errors that relate to pricing and availability. COTON COLORS COMPANY reserves the right to correct any of these errors even after the order has been submitted, and change information at any time without notice.
- The information presented on or through the Website is made available solely for general information purposes. COTON COLORS COMPANY does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. COTON COLORS COMPANY disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
- The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by COTON COLORS COMPANY , are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of COTON COLORS COMPANY . COTON COLORS COMPANY is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Disclaimer
- You understand that COTON COLORS COMPANY cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, COTON COLORS COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
- YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COTON COLORS NOR ANY PERSON ASSOCIATED WITH COTON COLORS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COTON COLORS COMPANY NOR ANYONE ASSOCIATED WITH COTON COLORS COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- TO THE FULLEST EXTENT PROVIDED BY LAW,COTON COLORS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
- THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
- TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COTON COLORS COMPANY , ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
- The limitation of liability set out above does not apply to liability resulting from COTON COLORS COMPANY'S gross negligence or willful misconduct.
- THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
- You agree to defend, indemnify, and hold harmless COTON COLORS COMPANY , its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in the Terms and Conditions, or your use of any information obtained from the Website.
Information about You and Your Visits to the Website
- All information COTON COLORS collects on the Website is subject to COTON COLORS COMPANY'S Privacy Policy (see Privacy Policy). By using the Website, you consent to all actions taken by COTON COLORS COMPANY with respect to your information in compliance with the Privacy Policy.
General Provisions
- If any part of the Terms of Use is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
- This Agreement will be governed by the laws of the State of Florida, U.S.A., without regard to its conflicts of law provisions. Any dispute you may have with respect to the Website must be commenced within one year after it arises, or the cause of action is barred. Any proceedings between you and COTON COLORS COMPANY must be brought in the state and federal courts located in Leon County, Florida.
Suggestions
- COTON COLORS COMPANY welcomes and encourages any comments or suggestions regarding the Website. However, any comments, feedback, suggestions or ideas sent to the Website remain the exclusive property of COTON COLORS COMPANY . COTON COLORS COMPANY shall be entitled to use any material submitted in any way without restriction and without compensating you.
Mobile Terms of Service
- The Happy Everything! by Laura Johnson mobile message service (the "Service") is operated by Happy Everything! by Laura Johnson (“Happy Everything! by Laura Johnson”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
- By consenting to Happy Everything! by Laura Johnson’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Happy Everything! by Laura Johnson through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, announcements, and other marketing offers (e.g., cart reminders).
- You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Happy Everything! by Laura Johnson. Your participation in this program is completely voluntary.
- We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
- You may opt-out of the Service at any time. Text the single keyword command STOP to +18336926246 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Happy Everything! by Laura Johnson mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
- For Service support or assistance, text HELP to +18336926246 or email customercare@happy-everything.com.
- We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
- The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
- To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
- We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.