Terms & Conditions

TERMS OF SERVICE

ARBITRATION NOTICE: Unless you opt out within 30 days, disputes between you and BearyBer will be resolved by binding arbitration.

Acceptance of Terms

By using our Service, you agree to these Terms. If you don't agree, don't use the Service. If you're representing a company, you must have the authority to bind it to these Terms.

OVERVIEW

This website is operated by Brandimi LLC, referred to as BearyBer. By visiting or purchasing from us, you agree to these Terms.

Please read carefully before using our website. Your continued use constitutes acceptance of any changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing, you confirm you're of legal age and won't use the Service unlawfully. Any breach results in termination.

Sellers must: be at least 18, provide accurate product info, follow laws, fulfill orders, maintain accurate account info, and handle taxes.

Customers must: be at least 18, provide accurate info, follow laws, pay for orders and associated taxes, and provide feedback to sellers.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and may undergo changes to adapt to technical requirements.

You agree not to reproduce, duplicate, sell, or exploit any part of the Service without our express written permission.

The headings in this agreement are for convenience only and will not limit these Terms.

You may only use the platform for its intended purpose and agree not to:

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may be exclusively available online through the website. These may have limited quantities and are subject to return or exchange according to our Return Policy.

While we strive for accurate representations of product colors and images, we cannot guarantee exact matches due to variations in computer monitors.

We reserve the right to limit sales to certain persons, regions, or jurisdictions, and to adjust product descriptions and pricing without notice. We may discontinue products at any time, and offers are void where prohibited.

We do not guarantee that purchased products, services, information, or materials will meet your expectations, or that Service errors will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order and may limit or cancel quantities per person, household, or order, at our discretion. This includes orders from the same customer account, credit card, or billing/shipping address. If we cancel an order, we'll attempt to notify you using the provided contact information.

You agree to provide accurate purchase and account information and to update it promptly for transactions to be completed.

For further details, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may offer access to third-party tools, provided "as is" and "as available," without warranties or endorsements. We're not liable for any issues arising from your use of these tools. Your use of optional tools is at your own risk, and you should review and approve the terms provided by the third-party provider(s).

Any new services or features offered through the website in the future will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to websites not affiliated with us. We're not responsible for the content, accuracy, or any liabilities related to third-party materials or websites, including products, services, or transactions. Please review third-party policies before engaging in any transaction. Any issues with third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit comments or other materials, you agree that we may use them without restriction. We're not obligated to maintain comments in confidence, compensate for them, or respond to them. We reserve the right to monitor, edit, or remove unlawful, offensive, or objectionable content.

You agree not to submit comments violating any third-party rights or containing unlawful, abusive, or misleading content. You're responsible for the accuracy of your comments. We assume no liability for comments posted by you or third parties.

SECTION 10 - PERSONAL INFORMATION

Your personal information submission through the store is governed by our Privacy Policy. View our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be errors or inaccuracies in our site or Service. We reserve the right to correct errors, update information, or cancel orders if necessary. We're not obligated to update information except as required by law.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions, you are prohibited from using the site: for unlawful purposes, to infringe upon intellectual property rights, to harass or discriminate, to submit false information, to upload viruses, to collect personal information, to spam, or to interfere with security features. We reserve the right to terminate your use for violating prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free, nor do we warrant the accuracy or reliability of results obtained from the service. We may remove or cancel the service at any time without notice.

Your use of the service and any products or services delivered through it are at your own risk. Except as expressly stated by us, they are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, durability, title, and non-infringement. We shall not be liable for any damages arising from your use of the service or any products obtained through it, including but not limited to direct, indirect, incidental, punitive, or consequential damages, even if advised of their possibility. Our liability is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold harmless BearyBer and its affiliates, partners, officers, directors, agents, licensors, service providers, and employees from any claim or demand, including reasonable attorneysג€™ fees, arising from your breach of these Terms of Service or your violation of any law or third-party rights.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before termination shall survive termination. These Terms of Service remain effective until terminated by either party. You may terminate by notifying us or ceasing to use our Services. We may terminate immediately if you fail to comply with these Terms of Service, and you will be liable for amounts due up to termination.

SECTION 17 - ENTIRE AGREEMENT

Failure to exercise any right or provision shall not constitute a waiver. These Terms of Service constitute the entire agreement between you and us, superseding any prior agreements. Ambiguities in interpretation shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any agreements for Services are governed by the laws of Illinois.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the current Terms of Service on our website. We reserve the right to update, change, or replace any part of these Terms of Service at our discretion. Your continued use constitutes acceptance of any changes.

SECTION 20 - Agreement to Arbitrate and Opt-Out

You and BearyBer agree that any disputes arising from these Terms or the use of the Service will be settled by binding arbitration, except for individual actions in small claims court and seeking injunctive relief for intellectual property disputes in court. To opt out of arbitration, you must notify BearyBer within 30 days of agreeing to these Terms. Failure to opt out signifies waiver of the right to litigate disputes, except for specified exceptions.

BearyBer reserves the right to file counterclaims in Illinois courts for dismissal of complaints and monetary damages, including attorneys' fees.

Exclusive jurisdiction and venue for intellectual property disputes or counterclaims will be in Illinois courts. Both parties waive the right to a jury trial or participation in class actions. If any part of this arbitration agreement is deemed unenforceable, the entire "Dispute Resolution" section becomes void.

This Agreement to Arbitrate and Opt-Out Notice is governed by the laws of the State of Illinois.

SECTION 21 - CONTACT INFORMATION

For inquiries about the Terms of Service, please contact us at [email protected].