Terms Of Use

Last updated August 28, 2018
 
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
 
By accessing this web site ("Web Site"), you accept without limitation or qualification, and agree to be bound and abide by, the following terms and conditions ("Terms of Use"). Cutler Bags (or Cutler Bags USA or CutlerBagsUSA.com) may revise and update these Terms of Use from time to time in its sole discretion. Your continued use of this Web Site following the posting of revised Terms of Use means that you accept and agree to any and all changes to the Terms of Use. If you do not agree to the Terms of Use, please do not use this Web Site.
 
Term and termination
These Terms of Use are applicable to you upon your accessing the Web Site and/or completing the registration or shopping process. These Terms of Use, or any of them, may be terminated by Cutler Bags without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, and Miscellaneous, shall survive any termination.
 
Notice
Cutler Bags may deliver notice to you by means of electronic mail, a general notice on the Web Site, or by written communication delivered by U.S. mail to your address on record in Cutler Bags account information.
 
Typographical errors
In the event a Cutler Bags product is unintentionally listed on the Web Site at an incorrect price due to typographical error, an error in pricing information received from our supplier, or any other reason, Cutler Bags shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Cutler Bags 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 cancelled, Cutler Bags shall issue a credit to your credit card account in the amount of the incorrect price.
 
Miscellaneous
Your use of this Web Site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Web Site and/or the Terms of Use (including but not limited to the purchase of Cutler Bags products) shall be in the state courts located in Broward County, Florida, or in the United States District Court for the District of Florida. Cutler Bags failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Cutler Bags may assign its rights and duties under this Agreement to any party at any time without notice to you.
 
Use of Web Site
Harassment in any manner or form on the Web Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Cutler Bags or other licensed employee, host, or representative as well as other members or visitors on the Web Site is prohibited. You may not upload to, distribute, or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Web Site or use the Web Site to solicit others to join or become members of any other commercial online service or other organization.
 
Copyright
The entire content included in the Web Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Cutler Bags. The collective work includes works that are licensed to Cutler Bags. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this web site for the sole purpose of placing an order with Cutler Bags or purchasing Cutler Bags products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the web site solely for your own non-commercial use, or to place an order with Cutler Bags or to purchase Cutler Bags products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Web Site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Web Site.
 
Participation disclaimer
Cutler Bags does not and cannot review all communications and materials posted to or created by users accessing the Web Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Web Site, Cutler Bags is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Web Site. However, Cutler Bags reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Cutler Bags at its sole discretion.
 
Third party links
In an attempt to provide increased value to our visitors, Cutler Bags may choose various third party web sites to link to from our own Web Site. However, even if the third party is affiliated with Cutler Bags, Cutler Bags has no control over these linked web sites, which each have separate privacy and data collection practices, independent of Cutler Bags. Cutler Bags has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked web sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of our Web Site and the links placed upon it and therefore we request feedback on not only our own Web Site, but for web sites we link to as well (including if a specific link does not work).
 
Trademarks
All trademarks, service marks and trade names of Cutler Bags used herein (including but not limited to the Cutler Bags word trademark, the composite Cutler Bags, and the Cutler Bags monogram trademark) are trademarks or registered trademarks of Cutler Bags.
 
Personal Information Submitted Through the Sites
Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Sites (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
 
Disclaimer
THIS WEB SITE AND THE MATERIALS AND PRODUCTS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CUTLER BAGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUTLER BAGS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUTLER BAGS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.