Terms & Conditions
TERMS AND CONDITIONS
This document was last updated on October 17, 2014.
1. USE OF THIS WEBSITE
This website is operated by Romeo & Juliette Inc. d/b/a BEARPAW brand (hereinafter "BEARPAW"), and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website.
2. PRIVACY & SECURITY
Our privacy practices are explained in our Privacy & Security Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read our Privacy & Security Policy and agree to be bound by and accept its terms and conditions.
3. OTHER POLICIES AND AGREEMENTS
When you purchase products from BEARPAW using the www.bearpaw.com website, your purchase is subject to the following agreements: Terms and Conditions, the Warranty, Shipping Policy, and Return & Exchange Policy applicable to the website and provided to you with links from the website. Certain additional terms and conditions may apply to purchases of products and other uses of portions of the www.bearpaw.com website.
4. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BEARPAW and its agents and affiliates reserve the right to refuse service, terminate accounts or cancel orders in their sole discretion.
5. PRODUCT INFORMATION
BEARPAW and its agents and affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by BEARPAW. However, BEARPAW does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current or error-free.
PRICE AND AVAILABILITY INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN U.S. DOLLARS.
6. DISCLAIMER OF WARRANTIES
ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BEARPAW AND ITS AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in the website Warranty link provided to you. Because certain federal or state laws do not permit the exclusion of certain warranties, these exclusions may not apply to you. If you are purchasing from outside of the U.S.A. certain national laws may not exclude the disclaimer of certain warranties.
This Section shall survive the termination or expiry of this Agreement.
7. LIMITATION OF LIABILITY
BEARPAW ITS AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. THE SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM MADE AGAINST BEARPAW ITS AGENTS OR AFFILIATES IS THE REFUND OF THE PURCHASE PRICE OF THE PRODUCT YOU PURCHASED FROM THIS WEBSITE.
8. COPYRIGHTS AND TRADEMARKS
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by BEARPAW, and BEARPAW does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in the United States and in other jurisdictions by the U.S. Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of BEARPAW. Trademarks, logos and service marks (collectively, "Marks") displayed on this website are registered or unregistered Marks of BEARPAW or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the U.S. Copyright Act.
9. GOVERNING LAW
This website and any transaction conducted on or from it shall be governed by the laws of the state of California and the laws of the United States of America applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10. DISPUTE RESOLUTION; INJUNCTIVE RELIEF
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, officers, directors, successors, agents, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), (hereinafter collectively referred to as "Claims" and each, individually, as a "Claim") shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the American Arbitration Association under its Commercial Arbitration Rules then in effect.
However, before you submit a Claim for arbitration, you must first contact our customer service representatives at 1-855-273-4732, and give us an opportunity to resolve the dispute. Similarly, before BEARPAW takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or BEARPAW is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in the Commercial Arbitration Rules.
THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TERMS AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND BEARPAW BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TERMS.
11. CHANGES TO TERMS / SEVERABILITY
BEARPAW may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
12. NO WAIVER
The failure of BEARPAW to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of BEARPAW to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
13. ENTIRE AGREEMENT
These Terms and Conditions, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and BEARPAW with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by BEARPAW making such amendments or modifications available to it pursuant to the terms hereof.
BEARPAW reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.