Terms And Conditions
Welcome to Ottersweetsart.com!
These Terms and Conditions (“Terms”) govern the Otter Sweets Art (“we,”
“us” or “Company”) web site, ottersweetsart.com (the “Site”) on any device.
The Site is provided as a service to our customers. These Terms govern your
use of the Site. By using the Site, you agree to be bound by these Terms.
If you do not agree to these Terms, please do not use or access the Site.
Your use of the Site constitutes your agreement to follow and be bound
by these Terms.
These Terms and Conditions and your use of the Site are governed by the
laws of Anchorage, AK, United States of America, without
regard to any conflict of law provisions. The courts of general jurisdiction
will have exclusive jurisdiction over any and all disputes arising out of,
relating to, or concerning these Terms and Conditions and/or the Site or in
which these Terms and Conditions and/or the Site are a material fact.
Jurisdiction
The Company may modify this Terms and Conditions at any time by
publishing a revised version on the Site. We reserve the right to update or
modify these Terms at any time without prior notice. We encourage you to
review the Terms whenever you use or access the Site.
By continuing to use the Site after the effective date of any modifications to
Terms and Conditions, you agree to be bound by the modified terms.
Terms Modification
Otter Sweets Art may assign its rights and duties under these Terms and
Conditions to any party at any time without notice to you.
Assignment
By accepting these terms and conditions, you certify that you are 18 years
old or older. If you are under the age of 18, but at least 13 years of age, you
may use this website only under the supervision of a parent or legal guardian
who agrees to be bound by these terms and conditions.
Age restrictions
Unless otherwise noted, the design of the Site, including information, data,
text, photographs, videos, audio clips, written posts, articles, comments,
software, scripts, graphics, and interactive features that are part of the Site
(collectively, “Content”) are copyrights, trademarks, or other intellectual
properties owned, controlled or licensed by us. The Content is intended
solely for your personal and non-commercial use. No right, title, or interest
in any Content is granted or transferred to you due to your use of the Site.
Certain parts of the Site that allow you to share Content on social media
platforms grant you a limited license to display the Content as directed, and
you understand that you have no other right, title, or interest in or to the
Content.
Except as noted above, you may not reproduce, publish, transmit, distribute,
display, modify, sell, or participate in any sale of any of the Content or the
Content Permission & Restrictions
Ottersweetsart.com Your misuse of the Content may subject you to liability under federal,
state, or international laws.
We do our best to ensure that information on the Site is complete, accurate,
and current. However, information on the Site may occasionally be
inaccurate, incomplete, or out of date. All specifications, products,
descriptions, and prices of products on the Site are subject to change at any
time without notice. We make all reasonable efforts to accurately display the
attributes of our products, including the applicable colors. However, the
actual color you see will depend on your computer system, and we cannot
guarantee that your computer will accurately display such colors. We do not
warrant the accuracy or completeness of the information, content, or
materials provided through ottersweetsart.com.
The inclusion of any products or services on the Site at a particular time
does not imply or warrant that these products or services will be available
at any time. We reserve the right to discontinue any product at any time.
On-site Information Accuracy
When an order is placed, it will be shipped to an address designated by you
as long as that shipping address is compliant with the shipping restrictions
contained on the Site. We use a third-party shipping agent to ensure the
delivery of your purchased products.
Regardless of the effort we put in to meet all delivery deadlines, we do not
warrant the delays may not happen because of postal/carrier delays, logistics, or bad weather. However, we will keep you updated as much as we
can, and you should be able to track your parcel’s progress.
By purchasing on the Site or otherwise creating an account on the Site, you
understand that we may send you communications or data regarding our
products and services. You agree to receive such communications from us.
Unless such email is necessary to facilitate a transaction, such as to complete
a sale or provide you with information related to a purchase, we will give you
the opportunity to opt-out of receiving these commercial emails from us by
following the opt-out instructions provided in such message(s). Opting out
may prevent you from receiving email messages regarding special offers,
improvements, or other updates.
You also agree that all notices, disclosures, agreements, and other
communications that we provide to you by email satisfy any legal
requirement that such communications be in writing. Your consent to receive
communications and do business by email, and our agreement to do so,
applies to all of your interactions and transactions with Otter Sweets Art.
Please keep us informed of any changes in your email address so you may
continue to receive our communications without interruption.
Email Communication
When you place an order, you should receive an acknowledgement e-mail
confirming receipt of your order.
Order Confirmation
We only accept your order once payment has been approved and we have
debited the payment card (and then the contract is made based on these
terms).
We reserve the right, without prior notice, to limit the order quantity on any
product and/or to refuse service to any customer. In the event we make
a change to or cancel an order, we will attempt to notify you by contacting
the e-mail and/or billing address/phone number provided at the time the
order was made.
We also may require verification of information prior to the acceptance
and/or shipment of any order.
The products sold through the Site are intended to comply with U.S laws and
regulations. If you are a non-U.S based user, be advised that other countries
may have laws, regulatory requirements, and product safety requirements
that are different than those in the U.S.
Product availability on our Site is not guaranteed as it may be low in stock.
If a product is not available by the time your order processes, we will notify
you of this via e-mail. You will receive a shipping confirmation e-mail once
your items have shipped.
Compliance and Availability
We allow users to post comments, suggestions, ideas, materials, and other
submissions ("User Comments") on the Site. These User Comments are
User Comments provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.
You further agree that no User Comments submitted by you to the Site will be unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.
Although User Comments may be posted on the Site, the posting of those
submissions does not constitute our endorsement of such User Comments.
We are not responsible or liable for any claim, including, without limitation,
loss or injury to real, tangible, or intellectual property, violations of personal
privacy or privacy rights, actual, consequential, or punitive damages,
personal injury, or wrongful death made in connection with User Comments.
We reserve the right to remove any User Comments that we deem to violate
the above.
The Site may include links to other websites maintained by third parties.
These links are provided to you solely as a convenience. Your access to these
third party websites is at your own risk, and we will have no liability arising
out of or related to such websites or your access to or use of such websites.
Links to Third Party Site
You understand and agree not to (i) post, transmit, redistribute, upload, or
Prohibited Uses of ottersweetsart.com promote any communications or content that could harm or negatively
impact our business, products, or services; (ii) act in a manner or employ
any device that restricts, impairs, interferes or inhibits any other user from
using or enjoying the Site, or which impacts the security of the Site, or (iii)
employ any device or attempt to use any engine, software, tool, agent or
other device or mechanism (including without limitation spiders, bots,
crawlers, avatars or intelligent agents) to navigate or search ottersweetsart.com, or to copy content from ottersweetsart.com.
You are responsible for the personal protection and security of any password
or username you may use to access the Site. You are responsible for all
activity conducted on the Site that can be linked or traced back to your
username or password. You are obligated to immediately report a lost or
stolen password or username to our Customer Service.
If you believe someone has used your password or account without your
authorization, you must notify Customer Service immediately. We reserve the
right to access and disclose any information, including user names of
accounts, and other information to comply with applicable laws and lawful
government requests.
Registration, Accounts, and Passwords
YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS,
CONTENT, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE
PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING
Disclaimer of Warranty & Limitation of Liability
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH
RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR
IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCH
ANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN
IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH
DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold us, our directors, officers, employees,
agents, affiliates, and subsidiaries harmless from and against any and all
claims, damages, costs, and expense, including attorney fees, arising from
or related to your use of this Site or breach of these Terms.
Indemnification
Considering the high cost of legal dispute, not only in dollars but also in time
Disputes and energy, both you and Otter Sweets Art agree to the following dispute
resolution procedure: In the event of any controversy, claim, action, or
dispute, the party asserting the dispute shall first try to settle such dispute
by providing written notice to the other party by in writing describing
the facts and circumstances (including any relevant documentation) of the
dispute and allowing the receiving party 30 business days from the date of
mailing to respond to the dispute.
Unless you indicate otherwise in your notice, Otter Sweets Art shall respond
to your notice using your last-used billing address or the billing and/or
shipping address in your online profile.
If parties are unable to resolve the dispute, it should be processed
in accordance to the Jurisdiction section of the Terms.
We are committed to protecting the privacy of the visitors to the Site. For
information on how information is collected, used, or disclosed by us in
connection with your use of the Site, please consult our Privacy Policy.
Privacy
If you do not understand any of the foregoing Terms or if you have any
questions or comments, please contact Customer Service at
ottersweetsart@gmail.com