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Terms of Use

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE “SITE” OR USING ANY PART OF THE SITE OR “SERVICE” (BOTH AS DEFINED BELOW). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU (THE USER) AGREE TO BECOME BOUND BY THE TERMS OF USE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, CLICK ON THE "CANCEL" BUTTON, AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SITE.

Acceptance of terms

The following terms and conditions govern all use of the Cuyana.com website (the Site) and the services available at the Site (taken together, the Service). The Service is owned and operated by Cuyana, Inc. (Cuyana). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Cuyana (collectively, the Terms of Use).

Changes

Cuyana reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Registration

As a condition to using the Service, you may be required to register with Cuyana and select a password and screen name (Cuyana User ID). Your Cuyana User ID cannot be changed, so please select one carefully. You shall provide Cuyana with accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You must ensure that your account with Cuyana contains (at all times) a valid email address. In addition, you shall not (i) select or use as a Cuyana User ID a name or email address of another person with the intent to impersonate that person; (ii) use as a Cuyana User ID a name or email addres subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Cuyana User ID a name or email address that is otherwise offensive, vulgar or obscene. Cuyana reserves the right to refuse registration of, or cancel, a Cuyana User ID in its sole discretion. You are solely responsible for activity that occurs on your account and for maintaining the confidentiality of your Cuyana password. You shall never use another user’s account without such other user’s express permission. You shall never transfer or assign your account to any third party. You will immediately notify Cuyana in writing of any unauthorized use of your account or other account- related security breach of which you are aware.

You shall only have one (1) account with the Service (which, for clarity, means that You will not register (or attempt to register) for more than one (1) account); provided that, within such personal account with the Service you may be able to open sub-accounts.

Fees; payment; return policy

Certain products offered by (or on behalf of) Cuyana through the Site (such as hats, scarves and/or other accesories) will require payment by you (“Products”). You shall pay all applicable fees, as described on the Site, in connection with the Products selected by you. All fees are in U.S. dollars unless stated otherwise by Cuyana on the Site. All fees are payable upon demand on a Visa, MasterCard, American Express, Discover credit card. Cuyana reserves the right to change its prices (and to institute new charges) for the Products at any time. Purchases by you following the posting of such changes on the Site constitutes your acceptance of any new or increased charges.

Purchases are subject to Cuyana’s Shipping and Returns Policy.

Privacy

Your Cuyana account Personal Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

Cuyana endeavors to protect user information to ensure that user account information is kept private, however, Cuyana cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

Rules and conduct

The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your own information purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited.

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Cuyana. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:

  • Unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms of Use;
  • Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • Imposes an unreasonable or disproportionately large load on Cuyana's computing, storage or communications infrastructure or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
  • Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment, or to damage or obtain unauthorized access to any system, data or other information of Cuyana or any third party; or
  • Harvests or collects any information from the Site; or
  • Impersonates any person or entity, including any employee or representative of Cuyana.
  • Cuyana may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.

Third party sites

The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Cuyana's control, and you acknowledge that Cuyana is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Cuyana or any association with its operators.

Proprietary rights

You agree that all content and materials delivered via the Service or otherwise made available by Cuyana at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Cuyana in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Cuyana is prohibited.

Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Cuyana. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

Termination

Cuyana may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service.

No warranties

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS AVAILABLE THROUGH THE SERVICE) IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CUYANA, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of liability

IN NO EVENT SHALL CUYANA, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE) FOR ANY: (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (IV) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.) (PROVIDED THAT, IN THE CASE OF CLAIMS RELATED TO PRODUCTS YOU PURCHASED FROM CUYANA, SUCH AMOUNT SHALL BE THE PURCHASE PRICE). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless Cuyana, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses, including attorneys' fees, that arise from your use or misuse of the Service.

International use

Cuyana makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute resolution

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Cuyana agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in California, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and severability

These Terms of Use are the entire agreement between you and Cuyana with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Cuyana with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Cuyana's prior written consent. Cuyana may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and trademark notices

Unless otherwise indicated, these Terms of Use and all Content provided by Cuyana are copyright © 2011 Cuyana, Inc. All rights reserved.

“Cuyana” as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Cuyana, Inc. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.

Contact

You may contact Cuyana at: legal@cuyana.com