It is the policy of bearangel.com to take appropriate action where
necessary to uphold and recognize all relevant State, Federal and
International laws in connection with material that is claimed to be
infringing any trademark, copyright, patent and all or any other
Intellectual Property laws. If you are an intellectual property rights owner
and you believe that bearangel.com sells, offers for sale, or makes
available goods and/or services that infringe your intellectual property
rights, then send the following information in its entirety to
Sales@Bearangel.com
Information
required
1. An electronic or physical signature of the person authorized to act on
behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Termination and
Effect of Termination
In addition to any other legal or equitable remedies, bearangel.com may,
without prior notice to you, immediately terminate the Agreement or revoke
any or all of your rights granted under this Agreement. Upon any termination
of this Agreement, you shall immediately cease all access to and use of the
site and bearangel.com shall, in addition to any other legal or equitable
remedies, immediately revoke all password(s), and account identification
issued to you and deny your access to and use of this Site in whole or in
part. Any termination of this Agreement shall not affect the respective
rights and obligations (including without limitation, payment obligations)
of the parties arising before the date of termination.
Disclaimer and
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE
SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE
ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY
bearangel.com ON AN “AS IS” BASIS. bearangel.com MAKES NO PRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS
SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, bearangel.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT,
DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES,
MISTAKES OR TYPOGRAPHICAL ERRORS. bearangel.com DOES NOT WARRANT THAT THE
CONTENT WILL BE UNITERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, bearangel.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT
INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, bearangel.com’s TOTAL
LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE
ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID
BY YOU TO bearangel.com DURING THE MONTH IMMEDIATELY PRECEDING THE ACT
ALLEGEDLY GIVING RISE TO bearangel.com’s LIABILITY.
Order Acceptance
Please note that there may be certain orders that we are unable to accept
and must cancel. bearangel.com reserves the right, at sole discretion, to
refuse or cancel any order for any reason. Some situations that may result
in your order being canceled include limitations on quantities available for
purchase, inaccuracies or errors in product or pricing information, or
problems identified by our credit and fraud avoidance department. We may
also require additional verifications or information before accepting any
order. We will contact you if all or any portion of your order is canceled
or if additional information is required to accept your order.
Typographical
Errors
While bearangel.com strives to provide accurate product and pricing
information, pricing or typographical errors may occur. bearangel.com
cannot confirm the price of an item until after you order. In the event that
an item is listed at an incorrect price or with incorrect information due to
an error in pricing or product information, bearangel.com shall have the
right, at our sole discretion, to refuse or cancel any orders placed for
that item. In the event that an item is mis-priced, bearangel.com may, at
our discretion, either contact you for instructions or cancel your order and
notify you of such cancellation.
Pricing in
Different Currencies
Pricing of products sold by bearangel.com is based upon figures calculated
in U.S. Dollars (US$). Prices displayed in other currencies are converted
from U.S. Dollars according to the most up to date conversion rates. Due to
fluctuating currency values, prices displayed in non-U.S. denominations of
currency on the Site, other than on the individual product page, may not be
the most current. Areas of the Site where non-U.S. denominations of currency
might be inaccurate include, but are not limited to, promotional banners,
promotional pages, and information on product category pages. The price
displayed on an individual product page, regardless of currency
denomination, is the current price you are liable to pay to bearangel.com,
excluding shipping.
Arbitration
Where the parties fail to settle dispute within 30 days after such dispute
occurs, they agree to submit such dispute to Hong Kong International
Arbitration Center (the “HKIAC”) for arbitration which shall be conducted in
accordance with the Commission's arbitration rules in effect at the time of
applying for arbitration. The arbitral awards are final and binding upon
both parties.
Links
This site may contain links to other sites on the Internet that are owned
and operated by third parties. You acknowledge that bearangel.com is not
responsible for the operation of or content located on or through any such
site.
Remedies
You agree that bearangel.com's remedy at law for any actual or threatened
breach of this Agreement would be inadequate and that bearangel.com shall
be entitled to specific performance or injunctive relief, or both, in
addition to any damages that bearangel.com may be legally entitled to
recover, together with reasonable expenses of any form of dispute
resolution, including, without limitation, attorneys' fees.
No right or remedy of bearangel.com shall be exclusive of any other,
whether at law or in equity, including, without limitation, damages
injunctive relief, attorneys' fees and expenses.
No instance of waiver by bearangel.com of its rights or remedies under
these terms and conditions shall imply any obligation to grant any similar,
future or other waiver.
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