Terms and Conditions
Welcome to the CURVY N’ CUTE Official Website
Updated: July 15th, 2020.
This Terms of Use Agreement sets forth the standards of use of the CURVY N’ CUTE Store Online Service. By using the CURVY N’ CUTE Store /website you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at CURVY N’ CUTE Store https://curvyncute.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
General use.
In these Terms we are granting You a limited, personal, non-exclusive, and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If You make copies of any of this Website while engaging in Permitted Purposes, then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.
We appreciate You visiting this Website and allow You to visit the Website without registering with Us.
However, to access certain password-restricted areas of this Website and to use certain Services and Materials offered on and through this Website, we may require You to successfully register an account with Us.
Fees and Payments.
You agree to pay all applicable fees related to purchases made on this Website through Your account. We may suspend or terminate Your account and/or access to Our Services and this Website if Your payment is late and/or Your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your purchases.
Refunds and Cancellations
You may cancel an order any time prior to shipment. You may return any product that has a sleep trial for a full refund at any time within 50 days after Your receipt of such product, provided that Your return meets the conditions herein. Refunds will be issued in the form of the original payment. If You purchased a product using an Offer Code (as defined herein), the dollar value of the Offer Code will not be refunded or credited back if any or all products are returned. No refunds will be given for fees for shipping. No refund will be issued or return accepted if customer passes the 50-day trial.
Limitation of Liability
CURVY N’ CUTE STORE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CURVY N’ CUTE STORE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CURVY N’ CUTE STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
User agrees to indemnify and hold CURVY N’ CUTE Store, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
CURVY N’ CUTE Store reserves the right to modify or discontinue the Service with or without notice to the User. CURVY N’ CUTE Store shall not be liable to User or any third party should CURVY N’ CUTE Store exercise its right to modify or discontinue the Service. User acknowledges and accepts that CURVY N’ CUTE Store does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.
Governing Jurisdiction of the Courts of California
Our website is operated and provided in the State of California. As such, we are subject to the laws of the California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the California.
Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is https://curvyncute.com, with all rights reserved, or is the property of CURVY N’ CUTE Store and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of CURVY N’ CUTE Store is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of CURVY N’ CUTE Store.
CURVY N’ CUTE Store™ and https://curvyncute.com ™ are proprietary marks of https://curvyncute.com. CURVY N’ CUTE Store’s trademarks may not be used in connection with any product or service that is not provided by CURVY N’ CUTE Store, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CURVY N’ CUTE Store.
All other trademarks displayed on CURVY N’ CUTE Store’s website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with CURVY N’ CUTE Store.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, https://curvyncute.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
CURVY N’ CUTE
19383 Victory Boulevard
Reseda, CA 91335
By Telephone: (818) 787-1404
By Email: info@curvyncute.com
Botnets
CURVY N’ CUTE retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, CURVY N’ CUTE reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Disclaimer of Warranties.
The site is provided by CURVY N’ CUTE on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, CURVY N’ CUTE makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. CURVY N’ CUTE shall have no liability for any interruptions in the use of this Website. CURVY N’ CUTE disclaims all warranties with regard to the information provided, including the implied warranties of merchant ability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by CURVY N’ CUTE, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable] located here.
Additional Terms
Wrong Pricing or Information
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We 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 canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
Accounts and Related Data-
We do not believe in putting unnecessary roadblocks in your way throughout our Site. You can go to most of the Site without creating a user account ("Account"). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You should not share your Account information. You may never use another person's Account or registration information for the Site without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so.
We reserve the right to refuse service to anyone for any reason at any time.
Dispute Resolution-
We don't like disputes (and neither do you, I'm sure). Let's do our best to avoid them. Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at info@curvyncute.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section govern dispute resolution between us.
These Terms and the relationship between you and CURVY N’ CUTE will be governed by the laws of the State of California without regard to its conflict of law provisions. You and CURVY N’ CUTE agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in Los Angeles County in the State of California. You covenant not to sue CURVY N’ CUTE in any other forum.
You also acknowledge and understand that, with respect to any dispute with CURVY N’ CUTE or anyone representing CURVY N’ CUTE arising out of or relating to your use of the Site, purchase of Products, or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A USER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.