Terms and Conditions
These Terms and Conditions of Use ("Terms") apply to the Accessories & Gifts outlet Website located at www.cuteabear.com ("Site").
Your use of this Site or services offered on this Site is subject to these Terms. We may modify these Terms at any time without notice to you by posting revised Terms on our Site. Your use of this Site constitutes your binding acceptance of and agreement to these Terms, including any modifications that we make.
cuteabear.com provides these Website features to you subject to the following conditions. If you visit this Site or make a purchase from the Site, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to the Site, to understand our practices and policies.
When you visit this Site or send an email to cuteabear.com, you are communicating with cuteabear.com electronically. You consent to receive communications from cuteabear.com electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
All content included on the Site, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of cuteabear.com or its content suppliers and protected by United States and international copyright laws. All software used on this Site is the property of cuteabear.com or its software suppliers and protected by United States and international copyright laws.
cuteabear.com and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of cuteabear.com in the U.S. and/or other countries. cuteabear.com's trademarks and trade dress may not be used in connection with any product or service that is not cuteabear.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits cuteabear.com. Any other trademarks not owned by cuteabear.com that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by cuteabear.com.
License and Site Access
cuteabear.com grants you a limited license to access and make personal use of this Site but not to download (other than page caching) or modify it or any portion of it, except with express written consent of cuteabear.com. This license does not include any resale or commercial use of this Site or its contents; any collection and/or 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 cuteabear.com. 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 cuteabear.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing cuteabear.com's name or trademarks without the express written consent of cuteabear.com. Any unauthorized use terminates the permission or license granted by cuteabear.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this Site's homepage so long as the link does not portray cuteabear.com, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any cuteabear.com logo or other proprietary graphic trademark as part of the link without express written permission from cuteabear.com.
cuteabear.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY cuteabear.com ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. cuteabear.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, cuteabear.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. cuteabear.com DOES NOT WARRANT THAT THIS SITE'S INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THE SERVERS; OR EMAIL SENT FROM cuteabear.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. cuteabear.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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, EXCLUSION, OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY, OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
cuteabear.com RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING WITHOUT NOTICE: (1) TO MODIFY, SUSPEND, OR TERMINATE OPERATION OF OR ACCESS TO THIS SITE, OR ANY PORTION OF THIS SITE, FOR ANY REASON; (2) TO MODIFY OR CHANGE THIS SITE, OR ANY PORTION OF THIS SITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) TO INTERRUPT THE OPERATION OF THIS SITE, OR ANY PORTION OF THIS SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error in pricing or product information received from our suppliers, cuteabear.com shall have the right to refuse or cancel any order placed for product listed at the incorrect price. cuteabear.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, cuteabear.com shall issue a credit to your credit card account in the amount of the charge.
By visiting this Site, you agree that the laws of the State of Indiana, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and cuteabear.com. All sales made through this Site shall be deemed to have been transacted, in their entirety, within the State of Indiana.
Any dispute relating in any way to your visit to this Site or to the products or services you purchase through this Site shall be submitted to confidential arbitration in Indianapolis, Indiana, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any State or in federal court in the State of Indiana. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Indiana. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and 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 these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree not to be a part of any class action lawsuit with respect to cuteabear.com or this Site.
Site Policies, Modification, and Severability
Please review any other policies posted on this Site. These other policies also govern this Site and are included in these Terms by reference. cuteabear.com reserves the right to make changes to this Site, policies, and the Terms at any time. If any of the conditions of the Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.