Big Baby Gorilla Bear Terms and Conditions

Effective Date: 7-2-2024

Introduction

Welcome to BigBabyGorillaBear.com. By accessing or using this website, you agree to be bound by these Terms and Conditions. Big Baby Gorilla Bear, LLC reserves the right to update or modify these Terms at any time without prior notice by posting revised terms on the site. It is your responsibility to review these Terms periodically. Continued use of the site after any such changes indicates your acceptance of the new Terms. If you disagree with any part of these Terms, please do not use our website. Thank you.

Arbitration Notice

NOTICE OF ARBITRATION. THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS OR CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, ANY DISPUTES ARISING FROM OR RELATING TO THESE TERMS WILL BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATIONS, WHERE APPLICABLE BY LAW. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND BIG BABY GORILLA BEAR, LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Privacy Policy Inclusion

Our Privacy Policy is incorporated by reference into these Terms. Please review our Privacy Policy to understand our practices regarding personal information and data collection.

GDPR Compliance

Our services and products are intended solely for residents of the United States. We do not target or market to individuals outside the United States, including those in the European Union. Nonetheless, we have taken steps to comply with the General Data Protection Regulation (GDPR), including implementing a Cookie Banner that allows you to opt out of cookies and data collection before entering our website. We take privacy seriously and strive to protect all personal data according to applicable U.S. laws.

Site Information Accuracy

We strive to provide accurate and up-to-date information on our site. However, there may be errors or omissions related to product descriptions, pricing, availability, or other details. We do not warrant that the information on the site is accurate, complete, or current. We reserve the right to correct any errors and to change or update information without prior notice, (including after you have submitted orders). Your reliance on the information on this site is at your own risk. Furthermore, we have no obligation to update an information on this website.

Orders and Pricing

The information presented on this site does not constitute an offer to sell products. We reserve the right to accept or decline any order, or any portion thereof, at our discretion. Prices displayed on the site are in U.S. dollars and are subject to change without notice. If a product is listed at an incorrect price, we reserve the right to cancel orders placed for that product, even if the order has been confirmed or your credit card charged. If your order is canceled, we will issue a refund to your credit card. Items on this site are not for resell, and not to be purchased with the sole intent of reselling.

Intellectual Property

Big Baby Gorilla Bear, LLC takes intellectual property rights very seriously. All content on this site, including images, designs, logos, text, and other materials, is the property of Big Baby Gorilla Bear, LLC or its licensors and is protected by intellectual property laws (including copyrights and trademarks). You may not use any content from this site without prior written permission from the owner. Nothing on this site should be construed as granting any a) individual, b) company, or c) entity any rights to intellectual property or trademarks. If you believe that Big Baby Gorilla Bear, LLC has infringed on your intellectual property rights, please contact us at le***@bi****************.com .

User Conduct

Certain features of this site may require registration and the creation of an account. You are responsible for maintaining the confidentiality of your account information and password. You agree to provide accurate and complete information when registering and using our site. You are responsible for all activities that occur under your account, and we will assume all actions taken under your account have been conducted by you, unless you inform us otherwise. If you feel that your account or information has been compromised, please contact us immediately at in**@bi****************.com .

Electronic Communications

By using our site, you consent to receive electronic communications from us, including notices and updates, where applicable by law. These communications may include information about our products and services. You can opt out of certain communications by following the unsubscribe instructions in our emails.

Color Accuracy

We strive to display product colors accurately; however, the actual colors you see may vary due to differences in monitors, display settings, lighting, and human biology. We cannot guarantee that the display of any color will be accurate.

Disclaimer of Warranties

THIS SITE AND ALL CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT THE MATERIALS ON THE SITE ARE NONINFRINGING. WE DO NOT WARRANT THAT THE SITE (OR SERVER) IS SECURE OR VIRUS-FREE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOU ASSUME ALL LIABILITY AND RISK AND COSTS BY USING THE SITE, AND WE, OUR AGENTS, AND/OR AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BIG BABY GORILLA BEAR, LLC, ITS AGENST, AND AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE. THIS SITE IS PROVIDED TO YOU FREE OF CHARGE.

Indemnification

You agree to indemnify and hold harmless Big Baby Gorilla Bear, LLC, its affiliates, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of the site or violation of these Terms. If your actions cause a technical disruption to the site or the systems that transmit the site to you or others, you agree to be responsible for any resulting losses, liabilities, expenses, damages, and costs. This includes reasonable attorneys’ fees and court costs associated with addressing and resolving the disruption.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Ohio, without regard to its conflict of laws principles. All other laws and governing bodies, where applicable by law, including validity, interpretation, and performance, will be superseded and governed by the State of Ohio. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts or arbitration venues located in Ohio. For claims that may be brought in small claims court, you agree to submit to the personal jurisdiction of the courts in Ohio.

Arbitration Agreement

Any dispute or claim arising out of or relating to these Terms or your use of the site (except for claims that can be resolved in small claims court) will be resolved by binding arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The arbitration will take place in Ohio, unless otherwise agreed by the parties. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court with jurisdiction. You agree to pursue any dispute on an individual basis and not as part of a class action.

Any claims made must be brought within 12 months (one year) of the applicable purchase, or it will be barred, where applicable by law.

Force Majeure

Big Baby Gorilla Bear, LLC will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemics, and other unforeseen events. In such cases, we reserve the right to cancel orders or suspend operations as necessary.

Contact Information

For any questions about these Terms, please contact us at: le***@bi****************.com