By visiting and/or using this site in any way, such as browsing products or placing an order, you agree to these conditions. Please read them carefully. These terms and conditions may change with or without notice and are effective immediately upon posting. We reserve the right to cancel products or services to any customer at any time for any reason. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.
All content included on this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of Mush Inc. and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Mush Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Mush Inc. or its software suppliers and protected by United States and international copyright laws.
Mush Inc., Mush Design, and other Mush Inc. graphics, logos, page headers, button icons, scripts, and service names are trademarks or registered trademarks of Mush Inc. or its affiliates in the U.S. and/or other countries. Mush Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not Mush Inc.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mush Inc.. All other trademarks not owned by Mush Inc. or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mush Inc. or its affiliates.
LICENSE AND SITE ACCESS
Mush Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mush Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mush Inc.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mush Inc. without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mush Inc.'s name or trademarks without the express written consent of Mush Inc. Any unauthorized use terminates the permission or license granted by Mush Inc.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mush Inc. so long as the link does not portray Mush Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mush Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Mush Inc. does sell products to adults, who can purchase with a credit card. If you are under 18, you may use Mush Inc. only with involvement of a parent or guardian. Mush Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COMMUNICATIONS AND OTHER CONTENT
Visitors may send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. If you do submit material, and unless we indicate otherwise, you grant Mush Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mush Inc. and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Mush Inc. or its affiliates for all claims resulting from content you supply.
RISK OF LOSS
All items purchased from Mush Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Mush Inc. and its affiliates attempt to be as accurate as possible. We attempt to provide current and accurate information on this website, and via email and telephone communications. Mush Inc. do not, however, warrant that this information is correct, accurate or complete. All dimensions and measurements on our website are manufacturer's best approximations. We do not guarantee color, tone, shades or finishes on any item because screen settings may vary from computer to computer. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If a product offered by Mush Inc. itself is not as described, your sole remedy is to return it within 10 business days in unused condition. However any returns ocurring on account of erroneous orders are subject to 20% restocking fee.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
MUSH INC. MAKES NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, UNLESS OTHERWISE STATED. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MUSH INC., ARISING FROM ANY PRODUCT SOLD ON THE Mush Inc. SITES SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL Mush Inc., ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD. IF SUCH AN EVENT OCCURS THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR INCORRECT INFORMATION DUE TO ERRORS OF A TYPOGRAPHICAL NATURE, PRICING MISCALCULATION, OR INCORRECT INFORMATION FROM SUPPLIERS, WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS. IN ADDITION IF A PRODUCT RECEIVES AN UNEXPECTED SURGE OF DEMAND, OR THE ITEM BECOMES OUT OF STOCK, AND WE ARE UNABLE TO FULFILL AN ORDER, WE RESERVE THE RIGHT TO CANCEL AN ORDER. IF PAYMENT HAD BEEN RECEIVED, IT WILL BE REFUNDED. THIS SITE IS PROVIDED BY Mush Inc. ON AN "AS IS" AND "AS AVAILABLE" BASIS. Mush Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Mush Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Mush Inc. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Mush Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Mush Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Mush Inc., you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Mush Inc. or its affiliates.
Any dispute relating in any way to your visit to Mush Inc. or to products you purchase through Mush Inc. shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate Mush Inc.'s intellectual property rights, Mush Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.