This page states the Terms and Conditions under which you may use this Website. TheAtomicBear! By Cindy Joseph® (“TheAtomicBear”) may update this posting and may modify these Terms and Conditions at any time, at its discretion and without notice. YOUR USE OF THIS WEBSITE IS SUBJECT TO THE TERMS AND CONDITIONS STIPULATED HEREIN. USAGE OF THIS WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
TheAtomicBear reserves the right, in its sole discretion, without any obligation, and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Website and to suspend and/or deny access to this Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Although TheAtomicBear makes every effort to provide up to date and accurate information, the information and materials on this Website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and TheAtomicBear does not undertake any obligation or responsibility to update or amend any such information. TheAtomicBear may discontinue or change any product or service described in or offered on this Website at any time.
All right, title and interest in this Website and any content contained herein is the exclusive property of TheAtomicBear. This Website is intended for your personal, non-commercial use. You may print and download any information or portion of this Website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Website, except for the purposes expressly provided herein, without TheAtomicBear’s prior written approval. Unauthorized use of this Website and or any TheAtomicBear systems, including, but not limited to, unauthorized entry into TheAtomicBear’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Website in any manner that could damage, disable, overburden, or impair any TheAtomicBear Website or service or interfere with any other party’s use and enjoyment of any TheAtomicBear Website or service. You may not attempt to gain unauthorized access to any TheAtomicBear Website or service, computer systems or networks connected to any TheAtomicBear Website or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Website that is contrary to applicable laws or regulations.
You are prohibited from transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. TheAtomicBear will fully cooperate with any law enforcement authorities or court order requesting or directing TheAtomicBear to disclose the identity of anyone posting any such information or materials.
The products and services available on the Website, and any samples thereof we may provide to you are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
The trademarks, logos and services marks (collectively, “Marks”) displayed on this Website are the property of TheAtomicBear and other parties. You are prohibited from using any Marks for any purpose without the written permission of TheAtomicBear or such third party which may own the Marks. All information and content including any software programs available on or through the TheAtomicBear Website (“Content”) are protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the TheAtomicBear Website for commercial or public purposes unless specifically allowed herein.
The Content of this Website, including but not limited to text, graphics, images, information obtained from third parties, software, and other material contained on the Website are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
Links To Other Websites
This Website contains links to third-party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by TheAtomicBear of any information contained in any third party website. In no event shall TheAtomicBear be responsible for the information contained on that website or your use of or inability to use such website. Access to any other Internet website linked to the TheAtomicBear Website is at your own risk. You should be aware that linked websites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the TheAtomicBear Website. TheAtomicBear is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Claims of Infringement
TheAtomicBear respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the United States Copyright Office website located at http://www.copyright.gov/legislation/dmca.pdf, TheAtomicBear will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TheAtomicBear’s Copyright Agent the following information:
- Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice-you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the Website.
- Provide your mailing address, telephone number and, if available, email address.
- Include both of the following statements in the body of the Notice:
- I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).
- I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to TheAtomicBear to:
While TheAtomicBear considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. If you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
We stand behind our products! If you are not completely satisfied with your TheAtomicBear! product, you may return it for a full refund (less shipping and handling charges).
TheAtomicBear does not warrant the quality, accuracy, or completeness of any claims, statements, or information on this Website. Further, TheAtomicBear makes no representations about the suitability of any of the information and/or products are shown on this Website or any other website for any purpose. All products and information are provided “as is” and “as available” without warranty or condition of any kind. In no event shall TheAtomicBear be liable for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use of the content available on this Website.
TheAtomicBear does not warrant the information, services or products provided herein or your use of this Website generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Website are accurate, complete, reliable, current, or error-free. TheAtomicBear will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Website. Although the information provided to you on this Website is obtained or compiled from sources TheAtomicBear believes to be reliable, TheAtomicBear cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. You understand that TheAtomicBear does not operate or control the products, services information, advice or content offered by any third party that participates in the TheAtomicBear Website. Neither TheAtomicBear, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Website, or resulting from the act or omission of any other party involved in making this Website, the data contained herein or the products or services offered on this Website available to you, or from any other cause relating to your access to, inability to access, or use of the Website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of TheAtomicBear or of any vendor providing software or services. In no event will TheAtomicBear or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if TheAtomicBear or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. TheAtomicBear cannot and does not guarantee continuous, uninterrupted or secure access to the Website.
These Terms and Conditions shall be governed by and construed in accordance with Federal Law and the laws of State of New York without regard to conflicts of laws provisions. TheAtomicBear and you irrevocably submit to the exclusive jurisdiction of any state or federal court sitting in the City of New York, State of New York over any suit, action or proceeding arising out of or related to these Terms and Conditions and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between TheAtomicBear and you with respect to this Website and it supersedes all prior or contemporaneous communications, agreements and understandings between TheAtomicBear and you with respect to the subject matter hereof. Any failure by TheAtomicBear to enforce, or the delay by TheAtomicBear to enforce, any right granted herein shall not be deemed a continuing waiver or a modification by TheAtomicBear of any such right and TheAtomicBear may, within the time provided by applicable law, commence appropriate legal or equitable proceedings to enforce any or all rights granted herein, and any prior failure to enforce or delay in enforcement shall not constitute a defense.