When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out process. 

​The prices we charge for our products are listed on the website.  We reseve teh right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.  Aditional information about pricing and sales tax is available on the payments page.  

We may without prior notice, change the services and products we offer.

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COPYRIGHT AND OWNERSHIP OF INTELLECTUAL PROPERTY

The text, images, graphics, sound files, animation files, video files and their arrangement on thepurplepenguin.com website are all subject to Copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites without prior written consent from Hype Mom LLC.  This includes any Trademarks and logos owned by Hype Mom LLC. 

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INDEMNIFICATION

You agree to indemnify and hold Hype Mom LLC harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services or products offered on the website.

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LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Hype Mom LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of relating to the use of, or inability to use, the service. 

To the maximum extent permitted by applicable law, Hype Mom LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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MODIFICATION OF TERMS

We reserve the right to modify these terms from time to time at our sold discretion.  Therefore, you should review this page periodically.  When we change the Terms in a material manner, we will notify you that material changed have been made to the Terms.  Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms.  If you do not agree to any of the terms or any future version of the Terms, do not use or access (or continue to access)  the website or the service.

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DISPUTES

The Purple Penguin is owned and operated by Hype Mom LLC located within the United States.  These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the products or services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the state of Texas without respect to its conflict of laws principles.  Any and all such claims and disputes shall be brought in , and you hereby consent to them being decide exclusively by a court of competent jurisdiction located in Fredericksburg, Texas.  The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. 

These terms were set forth on March 12. 2025