Terms & Conditions

• Acceptance of Terms
  

  The following are terms of a legal agreement between you and PatioCushions.com on its behalf and on behalf of its subsidiaries and affiliates ("PatioCushions.com"). By accessing, browsing and/or using this site, you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by these Terms and Conditions of Use. You further agree to be governed by any additional terms and conditions that may apply to you arising out your accessing, browsing and/or using of this site, whether contained on this site or in a separate agreement with PatioCushions.com. In the event of any conflict between these Terms and Conditions of Use and such additional terms and conditions, such additional terms and conditions shall govern to the extent of the conflict. PatioCushions.com reserves the right, in its discretion, to update or revise these Terms and Conditions of Use and to post such updated or revised Terms and Conditions of Use on this site. If you do not agree to these Terms and Conditions of Use, please do not use this site. Please check the Terms and Conditions of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.

• User Obligations
  

  By using the PatioCushions.com Site you agree not to intentionally or unintentionally violate any applicable law or regulation, attempt to access or tamper with any nonpublic areas of the PatioCushions.com Site, frame or link to the PatioCushions.com Site except as permitted in writing by PatioCushions.com.

• Third Party Content and Monitoring
  

  Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this PatioCushions.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of PatioCushions.com. PatioCushions.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this PatioCushions.com Site by anyone other than authorized PatioCushions.com employees acting in their official capacities..

• Links
  

  The PatioCushions.com Site may contain links to other web sites or resources. You acknowledge and agree that PatioCushions.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the PatioCushions.com Site does not imply that PatioCushions.com endorses the linked site.

• Ownership, Copyrights And Trademarks
  

  All text, graphics, logos, icons, button icons, images, data compilations, domain names, and software on the PatioCushions.com Site ("Site Content") are copyrighted materials owned by PatioCushions.com or is licensed to PatioCushions.com for use. The Site Content may contain trademarks, service marks and trade names which are owned by PatioCushions.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by PatioCushions.com, its affiliates, or third parties. "PatioCushions.com" is a trademark of PatioCushions.com. Unless authorized in writing by an officer of PatioCushions.com, PatioCushions.com's trademarks may not be used in connection with any product or service that is not PatioCushions.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PatioCushions.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of PatioCushions.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose.
  
  If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the PatioCushions.com Site. Nothing contained in the PatioCushions.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of PatioCushions.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to PatioCushions.com, its affiliates, and/or any third party, as applicable.

• Copyright And Trademark Complaints
  

  PatioCushions.com respects the intellectual property of others and takes copyright infringement very seriously. If you believe that your work has been copied in a way that constitutes copyright infringement on the PatioCushions.com website, please notify us immediately using our contact form.

• Notices
  

  PatioCushions.com will give you any necessary notices by posting them on the PatioCushions.com Site. You authorize PatioCushions.com to send notices via electronic mail as well if PatioCushions.com decides, in its sole discretion, to do so. You agree to check the PatioCushions.com Site for notices, and that you will be considered to have received a notice when it is made available to you by being posted on the PatioCushions.com Site.

• Disclaimer Of Warranties
  

  Although PatioCushions.com endeavors to provide current, accurate and reliable information on the PatioCushions.com Site, it does not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on the PatioCushions.com Site. PatioCushions.com does not warrant that your use of the PatioCushions.com Site, or the operation or function of the PatioCushions.com Site, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free; or that defects therewith will be corrected; or that this site or its server is free of viruses or other harmful elements.
  
  Your use of the PatioCushions.com Site is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the website. PatioCushions.com and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the PatioCushions.com Site. The PatioCushions.com Site content provided "as is" and "as available" without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights, or fitness for any particular purpose

• Limitation of Liability
  

  In no event shall PatioCushions.com and/or its suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the PatioCushions.com Site, the use or performance of the PatioCushions.com Site, the delay or inability to use the PatioCushions.com Site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the PatioCushions.com Site, or otherwise arising out of the use of the PatioCushions.com Site, whether based on contract, tort, negligence, strict liability or otherwise, even if PatioCushions.com or any of its suppliers has been advised of the possibility of damages.
  
  If you are dissatisfied with any portion of the PatioCushions.com Site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the PatioCushions.com Site. This sole and exclusive remedy is separate and independent of any other provision that limits PatioCushions.com's liability or your remedies.

• Order Changes and Cancellations
  

  If you just placed an order with PatioCushions.com and notice that there has been an error, please let us know AS SOON AS POSSIBLE by contacting our contact us form. We can correct just about any problem with an order if we are informed within 2 hours of order placement. After a few hours, we cannot guarantee that any change you request will not incur additional costs if materials have already been cut for your order.

• Return Policy
  

  All of our patio cushions are made to customer specifications in order to ensure you get the patio cushion you want instead of having to make do with a boiler plate, mass produced style. Therefore patio cushions cannot be returned. Please measure your existing patio furniture cushions and furniture frames carefully.

• Privacy Policy
  

  Your use of the PatioCushions.com Site is governed by the PatioCushions.com Privacy Policy.

• Force Majeure
  

  PatioCushions.com shall be excused from performance under this Terms of Service if PatioCushions.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of PatioCushions.com.

• Survival
  

  The following provisions shall survive any termination of these Terms of Service: No Warranty from PatioCushions.com, Limitation of Liability, Indemnity and General Provisions.

• General Provisions
  

  You agree that PatioCushions.com and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these terms and conditions of use or to any contracts relating to goods or services obtained through this site. You are responsible for compliance with applicable local laws, keeping in mind that access to the PatioCushions.com Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of PatioCushions.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PatioCushions.com in writing. The Terms of Service, along with the PatioCushions.com Privacy Policy, comprises the entire agreement between you and PatioCushions.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of PatioCushions.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of PatioCushions.com shall be null and void.These Terms of Service will inure to the benefit of PatioCushions.com's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in Los Angeles County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

• Last Update
  

  The Terms of Service were updated January, 2021.
  
  For any questions or comments regarding our Terms of Service, please Contact Us.