Terms of service

OVERVIEW
This website is operated by Cushion Lab. Throughout the site, the terms”we”, “us” and “our” refer to Cushion Lab. Cushion Lab offers thiswebsite, including all information, tools and services available from thissite to you, the user, conditioned upon your acceptance of all terms,conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage inour “Service” and agree to be bound by the following terms andconditions (“Terms of Service”, “Terms”), including those additionalterms and conditions and policies referenced herein and/or available byhyperlink. These Terms of Service apply to all users of the site, includingwithout limitation users who are browsers, vendors, customers,merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or usingour website. By accessing or using any part of the site, you agree to bebound by these Terms of Service. If you do not agree to all the termsand conditions of this agreement, then you may not access the websiteor use any services. If these Terms of Service are considered an offer,acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall alsobe subject to the Terms of Service. You can review the most currentversion of the Terms of Service at any time on this page. We reserve theright to update, change or replace any part of these Terms of Service byposting updates and/or changes to our website. It is your responsibilityto check this page periodically for changes. Your continued use of oraccess to the website following the posting of any changes constitutesacceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services toyou.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are atleast the age of majority in your state or province of residence, or thatyou are the age of majority in your state or province of residence andyou have given us your consent to allow any of your minor dependentsto use this site.
You may not use our products for any illegal or unauthorized purposenor may you, in the use of the Service, violate any laws in yourjurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructivenature.
A breach or violation of any of the Terms will result in an immediatetermination of your Services.
SECTION 2 – GENERAL CONDITIONSWe reserve the right to refuse service to anyone for any reason at anytime.
You understand that your content (not including credit cardinformation), may be transferred unencrypted and involve (a)transmissions over various networks; and (b) changes to conform andadapt to technical requirements of connecting networks or devices.Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit anyportion of the Service, use of the Service, or access to the Service or anycontact on the website through which the service is provided, withoutexpress written permission by us.

The headings used in this agreement are included for convenience onlyand will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OFINFORMATION
We are not responsible if information made available on this site is notaccurate, complete or current. The material on this site is provided forgeneral information only and should not be relied upon or used as thesole basis for making decisions without consulting primary, moreaccurate, more complete or more timely sources of information. Anyreliance on the material on this site is at your own risk.This site may contain certain historical information. Historicalinformation, necessarily, is not current and is provided for yourreference only. We reserve the right to modify the contents of this site atany time, but we have no obligation to update any information on oursite. You agree that it is your responsibility to monitor changes to our
site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICESPrices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (orany part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification,price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)Certain products or services may be available exclusively online throughthe website. These products or services may have limited quantities andare subject to return or exchange only according to our Return Policy.We have made every effort to display as accurately as possible thecolors and images of our products that appear at the store. We cannotguarantee that your computer monitor’s display of any color will beaccurate.

We reserve the right, but are not obligated, to limit the sales of ourproducts or Services to any person, geographic region or jurisdiction.We may exercise this right on a case-by-case basis. We reserve the rightto limit the quantities of any products or services that we offer. Alldescriptions of products or product pricing are subject to change atanytime without notice, at the sole discretion of us. We reserve the rightto discontinue any product at any time. Any offer for any product orservice made on this site is void where prohibited.We do not warrant that the quality of any products, services,information, or other material purchased or obtained by you will meetyour expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATIONWe reserve the right to refuse any order you place with us. We may, inour sole discretion, limit or cancel quantities purchased per person, perhousehold or per order. These restrictions may include orders placed byor under the same customer account, the same credit card, and/ororders that use the same billing and/or shipping address. In the eventthat we make a change to or cancel an order, we may attempt to notifyyou by contacting the e-mail and/or billing address/phone numberprovided at the time the order was made. We reserve the right to limitor prohibit orders that, in our sole judgment, appear to be placed bydealers, resellers or distributors.
You agree to provide current, complete and accurate purchase andaccount information for all purchases made at our store. You agree topromptly update your account and other information, including youremail address and credit card numbers and expiration dates, so that wecan complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is”and “as available” without any warranties, representations orconditions of any kind and without any endorsement. We shall have noliability whatsoever arising from or relating to your use of optionalthird-party tools.
Any use by you of optional tools offered through the site is entirely atyour own risk and discretion and you should ensure that you arefamiliar with and approve of the terms on which tools are provided bythe relevant third-party provider(s).We may also, in the future, offer new services and/or features throughthe website (including, the release of new tools and resources). Suchnew features and/or services shall also be subject to these Terms ofService.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service mayinclude materials from third-parties.Third-party links on this site may direct you to third-party websites thatare not affiliated with us. We are not responsible for examining orevaluating the content or accuracy and we do not warrant and will nothave any liability or responsibility for any third-party materials orwebsites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase oruse of goods, services, resources, content, or any other transactionsmade in connection with any third-party websites. Please reviewcarefully the third-party’s policies and practices and make sure youunderstand them before you engage in any transaction. Complaints,claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONSIf, at our request, you send certain specific submissions (for examplecontest entries) or without a request from us you send creative ideas,suggestions, proposals, plans, or other materials, whether online, byemail, by postal mail, or otherwise (collectively, ‘comments’), you agreethat we may, at any time, without restriction, edit, copy, publish,distribute, translate and otherwise use in any medium any commentsthat you forward to us. We are and shall be under no obligation (1) tomaintain any comments in confidence; (2) to pay compensation for anycomments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content thatwe determine in our sole discretion are unlawful, offensive, threatening,libelous, defamatory, pornographic, obscene or otherwiseobjectionable or violates any party’s intellectual property or theseTerms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or otherpersonal or proprietary right. You further agree that your comments willnot contain libelous or otherwise unlawful, abusive or obscene material,or contain any computer virus or other malware that could in any wayaffect the operation of the Service or any related website. You may notuse a false e-mail address, pretend to be someone other than yourself,or otherwise mislead us or third-parties as to the origin of anycomments. You are solely responsible for any comments you make andtheir accuracy. We take no responsibility and assume no liability for anycomments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATIONYour submission of personal information through the store is governedby our Privacy Policy. To view our Privacy Policy.
In addition, you agree to our Messaging Terms(https://terms.pscr.pt/legal/shop/the-cushion-lab/terms_of_service)and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/the-cushion-lab/privacy_policy).
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONSOccasionally there may be information on our site or in the Service thatcontains typographical errors, inaccuracies or omissions that may relateto product descriptions, pricing, promotions, offers, product shippingcharges, transit times and availability. We reserve the right to correctany errors, inaccuracies or omissions, and to change or updateinformation or cancel orders if any information in the Service or on anyrelated website is inaccurate at any time without prior notice (includingafter you have submitted your order).We undertake no obligation to update, amend or clarify information inthe Service or on any related website, including without limitation,pricing information, except as required by law. No specified update orrefresh date applied in the Service or on any related website, should betaken to indicate that all information in the Service or on any relatedwebsite has been modified or updated.

SECTION 12 – PROHIBITED USESIn addition to other prohibitions as set forth in the Terms of Service, youare prohibited from using the site or its content: (a) for any unlawfulpurpose; (b) to solicit others to perform or participate in any unlawfulacts; (c) to violate any international, federal, provincial or stateregulations, rules, laws, or local ordinances; (d) to infringe upon orviolate our intellectual property rights or the intellectual property rightsof others; (e) to harass, abuse, insult, harm, defame, slander, disparage,intimidate, or discriminate based on gender, sexual orientation,religion, ethnicity, race, age, national origin, or disability; (f) to submitfalse or misleading information; (g) to upload or transmit viruses or anyother type of malicious code that will or may be used in any way thatwill affect the functionality or operation of the Service or of any relatedwebsite, other websites, or the Internet; (h) to collect or track thepersonal information of others; (i) to spam, phish, pharm, pretext,spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) tointerfere with or circumvent the security features of the Service or anyrelated website, other websites, or the Internet. We reserve the right toterminate your use of the Service or any related website for violatingany of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use of our servicewill be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use ofthe service will be accurate or reliable.
You agree that from time to time we may remove the service forindefinite periods of time or cancel the service at any time, withoutnotice to you.
You expressly agree that your use of, or inability to use, the service is atyour sole risk. The service and all products and services delivered to youthrough the service are (except as expressly stated by us) provided ‘as is’and’as available’ for your use, without any representation, warrantiesor conditions of any kind, either express or implied, including allimplied warranties or conditions of merchantability, merchantablequality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Cushion Lab, our directors, officers, employees,affiliates, agents, contractors, interns, suppliers, service providers orlicensors be liable for any injury, loss, claim, or any direct, indirect,incidental, punitive, special, or consequential damages of any kind,including, without limitation lost profits, lost revenue, lost savings, lossof data, replacement costs, or any similar damages, whether based incontract, tort (including negligence), strict liability or otherwise, arisingfrom your use of any of the service or any products procured using theservice, or for any other claim related in any way to your use of theservice or any product, including, but not limited to, any errors oromissions in any content, or any loss or damage of any kind incurred asa result of the use of the service or any content (or product) posted,transmitted, or otherwise made available via the service, even if advisedof their possibility. Because some states or jurisdictions do not allow theexclusion or the limitation of liability for consequential or incidentaldamages, in such states or jurisdictions, our liability shall be limited tothe maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cushion Lab and ourparent, subsidiaries, affiliates, partners, officers, directors, agents,contractors, licensors, service providers, subcontractors, suppliers,interns and employees, harmless from any claim or demand, includingreasonable attorneys’ fees, made by any third-party due to or arisingout of your breach of these Terms of Service or the documents theyincorporate by reference, or your violation of any law or the rights of athird-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determinedto be unlawful, void or unenforceable, such provision shall nonethelessbe enforceable to the fullest extent permitted by applicable law, and theunenforceable portion shall be deemed to be severed from these Termsof Service, such determination shall not affect the validity andenforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to thetermination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated byeither you or us. You may terminate these Terms of Service at any timeby notifying us that you no longer wish to use our Services, or when youcease using our site.

If in our sole judgment you fail, or we suspect that you have failed, tocomply with any term or provision of these Terms of Service, we alsomay terminate this agreement at any time without notice and you willremain liable for all amounts due up to and including the date oftermination; and/or accordingly may deny you access to our Services (orany part thereof).
SECTION 17 – ENTIRE AGREEMENTThe failure of us to exercise or enforce any right or provision of theseTerms of Service shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by uson this site or in respect to The Service constitutes the entire agreementand understanding between you and us and govern your use of theService, superseding any prior or contemporaneous agreements,communications and proposals, whether oral or written, between youand us (including, but not limited to, any prior versions of the Terms ofService).
Any ambiguities in the interpretation of these Terms of Service shall notbe construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby weprovide you Services shall be governed by and construed in accordancewith the laws of United States.

SECTION 19 – CHANGES TO TERMS OF SERVICEYou can review the most current version of the Terms of Service at anytime at this page.
We reserve the right, at our sole discretion, to update, change or replaceany part of these Terms of Service by posting updates and changes toour website. It is your responsibility to check our website periodicallyfor changes. Your continued use of or access to our website or theService following the posting of any changes to these Terms of Serviceconstitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATIONYou may contact us for questions regarding Accessibility or Terms ofService via email: service@thecushionlab.com or phone +1(833)688-1186.