This website (or other service) is operated by Nodding Frog Limited (“Nodding Frog”, “we”,”us” and “our”). These Terms of Service (“TOS”) govern each user’s access to and use of this site or services provided by Nodding Frog (the “Nodding Frog Services”), whether accessed through the Internet or any other medium now known or hereafter invented on any device now known or hereafter invented.
The Nodding Frog Services may include any one or more of the following: viewing and/or using a website, whether publicly accessible or with restricted access; contests; email subscription lists; search services; online stores (and other shopping services) for the browsing and purchasing of merchandise, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a Nodding Frog site or other service. Internet access is not included in the Nodding Frog Services and separate third party fees may apply.
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 to you.
In order to use the Nodding Frog Services, you must be at least 13 years of age. If you are under 13-years-old, you may not use the Nodding Frog Services and you are instructed to leave this website or other Service. If you are between the ages of 13 through 17 years, you may use the Nodding Frog Services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing Nodding Frog Services while not under the supervision and/or without the written consent of your parent or legal guardian.
These TOS constitute a legal agreement between the user of the Nodding Frog Services (“you”) and Nodding Frog. By visiting the Nodding Frog Site, whether you are a “Visitor” (which means that you only browse a site on the Nodding Frog Service) or a “Registered User” (which means that you have registered as a user of the Nodding Frog Services), and/ or purchasing something from us, you engage in the Nodding Frog Service and therefore agree to be bound by the following these TOC, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These TOC apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The terms “users” and “you” refer to both Visitors and Registered Users of the Nodding Frog Services.
You are authorized to use the Nodding Frog Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Therefore you must read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave this website and discontinue use of the Nodding Frog Services immediately. If you do not accept this TOS in its entirety, you do not have permission to access or use the Nodding Frog Services.
Nodding Frog may wish to update or change this TOS from time to time to reflect changes in the Nodding Frog Services, changes in the laws affecting the Nodding Frog Services, changes in Nodding Frog’s policies, or for other reasons. When we do, Nodding Frog will endeavor to provide notice to users in one or more of the following ways: (1) Nodding Frog will update the “last updated” date at the bottom of this TOS; (2) Nodding Frog may post notice of the update on the website or other Service; and/or (3) Nodding Frog may email notice of the update to the Registered Users. You understand that Nodding Frog reserves the right to make these changes and that you are responsible for regularly reviewing this TOS as posted on the website or other Service. Continued access to or use of the Nodding Frog Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Nodding Frog Services shall be subject to this TOS, as modified from time to time.
Our customer service office is open from 10am – 6pm Pacific Time, Monday thru Friday, excluding holidays. Should you have any questions, please contact Customer Service at firstname.lastname@example.org. We endeavor to answer all responses within two (2) business days, but please allow longer.
In order to use the Nodding Frog Services, we recommend the hardware and software specified below. Nodding Frog is not responsible for any failure to operate the Nodding Frog Services resulting from you not using the recommended hardware and software.
Web Browser Software:
In addition to using one of the aforementioned browsers, the below features must be enabled. Please refer to your browser’s documentation for information on how to enable these features.
You may have the ability to accept or decline cookies using the settings on your browser. However, if you choose to decline cookies, you may not be able to sign in or use the Nodding Frog Services.
You may use the Nodding Frog Services for your own personal and non-commercial purposes only. Each Nodding Frog account is to be used by a single user only, and you may not share or allow or permit anyone else to use your Nodding Frog account to access the Nodding Frog Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Nodding Frog Services except as expressly provided in this TOS.
Illegal and/or unauthorized use of Nodding Frog Services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a Nodding Frog Site or part thereof; and (iii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a Nodding Frog Site. Except as expressly authorized per a written agreement with Nodding Frog, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and Nodding Frog reserves the right to remove them from user profiles or other areas of a Nodding Frog Site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of Nodding Frog Services.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
All software (if any) that is made available to view and/or download from the Nodding Frog Services (“Software”) is owned by and is the copyrighted work of Nodding Frog and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Nodding Frog hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Nodding Frog Services in accordance with these Terms of Service, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Nodding Frog and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Canadian export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to Nodding Frog for which money damages would be inadequate and in such event Nodding Frog will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
MOREOVER, NODDING FROG AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE NODDING FROG SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NODDING FROG AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL NODDING FROG, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR 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 USE OR PERFORMANCE OF THE NODDING FROG SERVICES, WITH THE DELAY OR INABILITY TO USE THE NODDING FROG SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE NODDING FROG SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE NODDING SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF NODDING FROG OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NODDING FROG SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NODDING FROG SERVICES. In no event will Nodding Frog’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Nodding Frog Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
You and Nodding Frog agree that any dispute between you and Nodding Frog shall be limited to the dispute between Nodding Frog and you individually. To the full extent permitted by law, (1) no arbitration or litigation shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Nodding Frog reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Nodding Frog Services or any portion thereof at any time, without prior notice. Nodding Frog may also terminate or suspend your access to the Nodding Frog Services for breach of this TOS or inactivity, which is defined as failing to sign in to the Nodding Frog Services for an extended period of time, as determined by Nodding Frog. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Nodding Frog Services, Nodding Frog will not terminate your access to the Nodding Frog Services prior to the expiration of your subscription period without good cause unless it refunds a pro-rata portion of amount paid for the subscription. Good cause includes, but is not limited to, your breach of this TOS or the discontinuation of the particular site or other Service for which you purchased a subscription. If your Nodding Frog Services subscription is terminated for good cause, or if you cancel your Nodding Frog Services subscription prior to the expiration of the subscription period for any reason, Nodding Frog will not refund to you any fees paid in advance of such termination or cancellation. Upon termination of your Nodding Frog account, your right to use the Nodding Frog Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or Nodding Frog shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. Any or all of the Nodding Frog Services, including but not limited to any subscription site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any. With respect to shows and events, Nodding Frog reserves the right, in its sole discretion, to refuse you admittance to any show or event associated with or related to the Nodding Frog Services, including, but not limited to, concerts, festivals, parties, meet & greets, gatherings, press conferences, meetings, or any other scheduled or unscheduled event.
Nodding Frog Sites and Nodding Frog Services, and all related technology and content: Copyright © 2016 by Nodding Frog Limited or its suppliers or licensors. The company, product, and brand names of companies, products and services mentioned herein or on a Nodding Frog Site or Nodding Frog Service may be the trademarks and service marks of their respective owners.
Nodding Frog Limited has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Nodding Frog Services or on a Nodding Frog Site. Except as expressly provided in this TOS, the provision of the Nodding Frog Services and the display of Nodding Frog Sites to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
If you have questions regarding these TOS, please contact Customer Service at email@example.com.
All prices are in Canadian Dollars. When making a purchase, Advance payment in full via Visa or MasterCard is required. Prices are subject to change from time to time in Nodding Frog’s sole discretion.
All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.
Orders that contain one (1) or more pre-order items will be shipped within five (5) to ten (10) business days after the pre-order item(s) arrive(s) at our shipping warehouse. We will send you an order shipping notification email when your order is shipped from our warehouse.
Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Nodding Frog is not responsible for non-receipt of orders that have been deemed delivered. Nodding Frog is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If you have received damaged, defective or incorrectly shipped merchandise, please contact Customer Service and return the product within 30 days of receipt following the Return/Exchange Instructions below. We will gladly replace or refund the merchandise without additional charge upon return.
If you have ordered incorrectly or are not happy with your purchase, please follow the Return/Exchange Instructions below (and on your packing slip). On these returns, original shipping and handling charges are not refundable and you will be responsible for all costs associated with return shipment, including a $5.00 restocking fee.
Nodding Frog will not accept any items for return or exchange after 30 days from receipt. (Note that for orders shipped via a non-trackable method we won’t be able to determine receipt date.) Nodding Frog is not responsible for any items returned to us via a non-trackable delivery method that go missing in transit.
Please include the following in your email to Customer Service and in your return:
Your order confirmation number
Your first and last name
Your mailing address
Your phone number
What you are returning and why
How you would like us to handle your return or exchange.
We highly recommend that the items be returned to us using a mail service that provides tracking or insurance.
Once your return has been received by us, we will exchange your item or credit your credit card accordingly. Please allow 3-4 weeks for your return to be processed.
Items That Cannot Be Returned or Exchanged:
Unfortunately the items listed below cannot be refunded, returned, or exchanged. All sales of these items are final except only in the case of a manufacturer’s defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).
Any apparel item deemed by Nodding Frog to show obvious signs of use
Any downloadable media
Any item that is not in its original condition (for example, is damaged or missing parts) for reasons not due to an error on Nodding Frog’s part.
Nodding Frog will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Nodding Frog (see the Undeliverable Packages section below for details). Nodding Frog will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.
Apparel and Accessories – If your order contains one (1) or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap and tax). You may contact Customer Service to submit a refund request. Orders that contain (1) or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.
If for any reason your order is classified as undeliverable and returned to Nodding Frog you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and (if applicable) gift wrap will not be refunded. Nodding Frog will not re-ship any order that is classified as undeliverable and returned to us.
In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pre-tax total, including shipping and handling (where required) and gift wrap (where required and if applicable).
Our customer service office is open from 10am – 6pm Pacific Time, Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Customer Service at firstname.lastname@example.org. We endeavor to answer all responses within two (2) business days, but please allow longer.