Terms & Conditions

CherryBy Terms and Conditions

This document defines the policies and procedures of CherryBy, LLC, (also

referred to as “we,” “our,” or “us”) regarding the use, collection, and disclosure

of your information on CherryBy.com (also referred to as “the website”) and

the services, content, and features we offer (also referred to as “services”).

We receive information about our customers through registrations on our

website, user accounts (referred to as “your account”); your use of the website

and services, and from third party websites and services.

When you use the CherryBy website and services, you consent to the

collection, transfer, storage, disclosure, and other uses of your information as

detailed in this document.

By accessing, viewing, or ordering from this website, you acknowledge

and affirm the following:

 You are at least 18 years old

 You consent to view and/or reading sexually explicit material and waive any

future right to take legal action against CherryBy based upon your accessing

this material

 You agree not to allow minors under 18 years old to view or otherwise use

this website, and are solely responsible for any violation of this policy. You

understand that the website may contain sexually explicit information and/or

images, and agree to leave the website if any visual or written material

offends you in any way

To the fullest extent permitted by law, CherryBy is not responsible for losses,

damages, injuries, or emotional or mental harm caused by the improper

access of the website by a person under the age of 18 years old.

Other Limitations on Use of Website

This website is provided solely for the use of current and future customers of

CherryBy to offer information about our company, to allow you to place orders

for our products, and to enable you to contact us with questions or comments.

Any other use of the website is strictly prohibited.

Prohibited uses may include but are not limited to:

 Using any features of the website to post, transmit, display, or otherwise

communicate defamatory, threatening, obscene, harassing, or otherwise

unlawful information

 Using any features of the website in or for advertisements, solicitations,

spam, letters, or similar types of information

 Any encouragement of illegal activity

 Unauthorized use or disclosure of private or personally identifiable

information of others

 Any materials subject to trademark, copyright, or other laws protecting

materials or data of others in the absence of a valid license or other right to

do so

Website Contents and Ownership

The information contained on this website, including all images, designs,

photographs, written materials, graphics, data, and other materials are the

property of CherryBy and are protected by copyrights, trademarks, trade

secrets, or other applicable proprietary rights. Permission is granted to

display, copy, distribute, download, and print portions of this website solely for

the purposes of using this website for the authorized uses described above.

You must retain all copyright and other proprietary notices on all copies of the

website contents.

You will comply with all copyright laws worldwide in your use of this website

and prevent unauthorized copying of the its contents. Except as provided in

these terms and conditions, CherryBy does not grant to anyone any express

or implied right in or under any patents, trademarks, copyrights, or trade

secret information.

Disclaimer of Warranty

You expressly agree that the use of this website is at your sole risk. Neither

CherryBy affiliates, nor any of their officers, directors, employees, agents,

third-party content providers, licensors, or associates warrant that this website

will be uninterrupted or error-free, nor do they make any warranty as to the

results that may be obtained from the use of this website, or as to the

accuracy, completeness, reliability, security, or currency of the website

materials.

The materials on this website may contain errors, omissions, inaccuracies, or

outdated information. Further, CherryBy does not warrant reliability of any

statement or other information displayed or distributed through the website.

CherryBy reserves the right, in its sole discretion, to correct any errors or

omissions in any portion of the website. CherryBy may make any other

changes to this website, the materials, and the products, programs, services,

or prices described in this website at any time without notice.

This website and all information, content, and materials are provided on an

“as is,” “where is,” and “where available” basis. CherryBy makes no

representations or warranties of any kind, express or implied, as to the

operation of the website, the content, information, or materials.

To the fullest extent permissible under applicable law, CherryBy expressly

disclaims all warranties, express or implied, of any kind, with respect to the

materials, content, and/or information on this website or any goods or

products or services offered, sold, or displayed on this website or your use of

this website generally, including warranties of merchantability, accuracy of

information, quality, title, fitness for a particular purpose, and non-

infringement. Some jurisdictions limit or do not allow the disclaimer of implied

or other warranties, so the above disclaimer may not apply to the extent such

jurisdiction’s law applies to this agreement.

Limitation of Liability

You agree that CherryBy and its providers are not liable for any damage, loss,

or expense of any kind resulting from your possession or use of the materials,

content, or information on this website, regardless of whether such liability is

based in tort, contract, or otherwise.

In no event, including, without limitation, a negligent act, shall CherryBy or any

of its providers be liable to you for any direct, indirect, special, incidental,

consequential, or punitive damages (including, without limitation, loss of

profits, loss or corruption of data, loss of goodwill, work stoppage, computer

failure or malfunction, or interruption of business), arising out of or in any way

related to the materials, content, or information on this website or any other

products, services, or information offered, sold, or displayed on this website,

your use of, or inability to use, this website generally, or otherwise in

connection with this agreement, regardless of whether CherryBy or any of its

providers have been advised of the possibility of such damages.

Because some states do not allow the limitation of liability for consequential or

incidental damages, the above limitation may not apply to you.

Changes to this Agreement

CherryBy may revise this Agreement at any time and you agree to be bound

by the revised Agreement. Any such modifications will become effective on

the date they are first posted to this website. It is your responsibility to return

to this Agreement from time to time to review the most current terms and

conditions. CherryBy does not and will not assume any obligation to notify you

of changes to this Agreement.

Controlling Law and Jurisdiction

This Agreement is governed by and shall be construed in accordance with the

laws of the State of New Hampshire in the United States without reference to

its conflict-of-law provisions. CherryBy makes no representation that the

materials are appropriate or available for use outside the United States. If you

access this website from outside the United States, you will be responsible for

compliance with all local laws. You agree to comply with all laws and

regulations applicable to your use of this website. You agree to submit to the

personal and exclusive jurisdiction of the state or federal courts located within

Plymouth, New Hampshire in Grafton County for any disputes with CherryBy

arising from your use of this website.

Violations

Please report any violations of this Agreement by email to the following

address: gift@cherryby.com.