PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
You are accessing and using the web site (the “Site”) of Blue Bear Aware™ Clothing (“Blue Bear Aware”). By using the Site or by completing the account registration process, you agree that you have read and understood, and agree to be bound by, this Agreement. If you do not accept this Agreement in its entirety, you may not access or use the Site or Blue Bear Aware’s services.
Subject to Blue Bear Aware’s acceptance of your registration and your compliance with the terms and conditions of this Agreement, you may receive one on-line customer account in your name at the Site (the “Account”). You will be able to access and modify the information in your Account, and to use your Account to conduct on-line transactions through the Site, including purchasing Blue Bear Aware clothing, giftware, accessories and stationery (“Products”).
Blue Bear Aware reserves the right to make changes to this Agreement at any time by amending the Agreement on the Site, and you are responsible for regularly accessing the Site to review such changes. Your continued use of the Site after any such posted changes will constitute your consent to the changes. If you do not agree to the terms and conditions in this Agreement, please do not use the Site. Eligibility
You represent that: (a) you are at least 18 years of age, or the age required by your applicable law to make a legal and binding contract, (b) all registration information you submit is true, accurate and complete, and that you will maintain and update this information as required, and (c) you are authorized to use the designated payment method for the Site and Products purchased through the Site.
Intellectual Property Rights
Except as expressly provided in this Agreement, you have no proprietary right, title or interest in or to your Account, the Site, or the Site’s contents (including databases, graphics, logos, text, files, design, information, artwork, audio, software, interfaces and web pages) (collectively, the “Content”). All Content is protected by copyright, trade-mark, patents, trade secrets and/or other proprietary rights and laws, and you may not use it in any manner other than to access and to use the Site and your Account, or as otherwise expressly permitted by this Agreement. You may not modify, copy, distribute, create derivative works from or sell any Content, except as expressly provided in this Agreement.
Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order with Blue Bear Aware or purchasing Products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Blue Bear Aware or to purchase Products. Any other use, including but not limited to the reproduction, distribution, display or transmission of any Content is strictly prohibited, unless authorized by Blue Bear Aware. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
The Blue Bear Aware names, trade-marks and logos, and all related product and service names, marks and slogans (the “Marks”) are the property Blue Bear Aware or its third-party suppliers, as the case may be. You are not authorized to use any of the Marks in any advertising, marketing or any other commercial manner without the prior written consent of Blue Bear Aware.
The collective work includes works that are licensed to Blue Bear Aware. Copyright 2006, Blue Bear Aware ALL RIGHTS RESERVED.
You must maintain the confidentiality and security of the user name and password which you create for your Account. You are solely responsible for all activities conducted through your Account.
The Products include clothing for children, giftware, accessories and stationery. Blue Bear Aware does not represent or warrant that any Products are hypoallergenic or will not cause allergic or other similar reactions in children. All Products are provided “as is”, and Blue Bear Aware does not accept responsibility for any allergy-related risks in the Products. You, however, fully accept these risks.
The Site, the Content and Products are provided “as is” and without representations and warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Blue Bear Aware disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Blue Bear Aware does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Blue Bear Aware does not make any warranties or representations regarding the use of the Content in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
In no event will Blue Bear Aware be liable for any indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use, the Site or the Content or the Products, including without limitation damages for loss of use, data or profits, even if Blue Bear Aware will have been informed of the possibility of such damages, and whether based on contract, tort, negligence, product liability, strict liability, or otherwise. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In jurisdictions that do not permit exclusion or limitation of liability for consequential or incidental damages, Blue Bear Aware’s liability will be limited to the fullest extent permitted by law.
You release Blue Bear Aware (and its employees, agents and representatives) from all claims, actions, liabilities and damages of every kind and nature relating to any risks described in this Agreement.
In the event that a Product is mistakenly listed at an incorrect price, Blue Bear Aware reserves the right to refuse or cancel any orders placed for the Product listed at the incorrect price. Blue Bear Aware reserves 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, Blue Bear Aware shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Blue Bear Aware without notice at any time, for any reason. The provisions relating to Intellectual Property Rights, Warranty, Products, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Blue Bear Aware may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Blue Bear Aware.
Your use of the Site shall be governed in all respects by the laws of the province of British Columbia, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site (including but not limited to the purchase of Blue Bear Aware products) shall be in the British Columbia courts, including the Federal Court sitting in Vancouver, British Columbia. You agree that you will not initiate or participate in any lawsuit or other legal action or proceeding against Blue Bear Aware or its partners, employees, representatives or agents in any court other than the courts of British Columbia. Any cause of action or claim you may have with respect to the Site or the Products must be commenced within one year after the claim or cause of action arises. Blue Bear Aware's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Blue Bear Aware may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Blue Bear Aware or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Blue Bear Aware does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of any such communications and materials. You acknowledge that Blue Bear Aware provides you with the ability to view and distribute user-generated content on the Site, Blue Bear Aware is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Blue Bear Aware reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trade-mark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Blue Bear Aware in its sole discretion.
You agree to indemnify, defend, and hold harmless Blue Bear Aware, its partners, employees, representatives, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including actual lawyers’ fees, resulting from any violation of these terms and conditions or any activity related to your Account (including negligent or wrongful conduct or untruthfulness or inaccuracy of any of your representations) by you or any other person accessing the Site using your Account.
In an attempt to provide increased value to our visitors, Blue Bear Aware may link to sites operated by third parties. However, even if the third party is affiliated with Blue Bear Aware, Blue Bear Aware has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Blue Bear Aware. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Blue Bear Aware seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).