You have entered a public web site area operated by Cute Order, Inc., dba Cute Order, in conjunction with the business entity from which you accessed our website. You are authorized to use this area based exclusively on the terms and conditions contained herein.
Your Use of this Site
Welcome to the Cute Order platform ("Site") located at the second-level Internet domain cuteorder.com ("Domain"), which include, but not limited to, files, folders, subfolders, cgi, program executables, data and content contained and available at Domain, as well as intellectual property, software, firmware, technology, hardware, other web sites, patents, copyrights, trade secrets, trademarks, trade names, logos, service marks, certification marks, collective marks, proprietary rights, and other assets. The Cute Order platform may be accessed through the files, programs and content of the folder located at cuteorder.com. Unless you are bound by an agreement that excludes this Agreement, your use of the Cute Order platform, together with all its related web pages and sub domains, content, and its services ("Services") will be subject to the following terms and conditions. Company hereby authorizes you to use the Services located solely at the Public Area of the Site, subject to the terms and conditions herein. Use of the Private Area or any Service therein by you is strictly prohibited.
In this Agreement, the terms "we", "us" and "our" refer to Cute Order, Inc. ("Cute Order" or "Company"), dba Cute Order, its value added resellers, resellers, partners, OEM's, distributors, affiliates, and the companies that have helped to create, maintain, host, and support the Cute Order platform. We reserve the right to change, add or delete any of the terms or conditions set forth below. We also reserve the right to add, modify, or eliminate any Service provided by the Cute Order platform. We assume no responsibility if a particular Service does not exist, a Service becomes unavailable for any reason, or fails to meet your requirements.
You acknowledge Cute Order's sole and exclusive ownership of the Cute Order platform, intellectual property rights, and all associated goodwill, and that Cute Order fully and completely retains all right, title, interest, intellectual property rights, and goodwill in and to the Cute Order platform. All goodwill arising from use of the Cute Order platform by you will inure to the benefit of Cute Order. You will not use the Cute Order platform in any manner that will diminish or otherwise damage Cute Order's goodwill in the Cute Order platform. This Agreement shall not be considered or construed to be a partnership or joint venture, and Cute Order shall not be liable for any obligations incurred by you as a result of this Agreement. You shall not and have no requisite authority to act as an agent of Cute Order, ostensibly or otherwise, nor bind Cute Order in any manner, nor make promises on the behalf of Cute Order. No ownership of Cute Order or any asset of Cute Order by you is created as a result of this Agreement. This Agreement does not grant by implication, estoppel, or otherwise, any license to or the use of any other Cute Order asset including, but not limited to, intellectual property, software, firmware, technology, hardware, other web sites, patents, copyrights, trade secrets, trademarks, trade names, logos, service marks, certification marks, collective marks, proprietary rights, or any other asset of any type of Cute Order other than the sole and explicit use of the Cute Order platform as permitted pursuant to and accordant with this Agreement. You have no requisite authority to nor will attempt to reverse engineer, decode, decompile, disassemble, re-engineer, modify, copy, duplicate, distribute, reproduce, recreate, or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Cute Order Platform or its structural framework, or to use the Cute Order platform in whole or in part for any purpose except as expressly provided under this Agreement. Intellectual property laws protect original material that we post at this web site.
Use of Software
Any software that is made available to download from this Site is the copyrighted work of Company and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
Your Compliance with Laws and Site Guidelines
You agree to comply with any and all federal, state, and local laws that apply to your use of the Cute Order platform and Services, including, but not limited to, laws regarding the use of electronic email to send commercial messages. You also agree not to engage in any activities that: encourage a violation of any law or regulation by others; abuse, harass, stalk, defame, impersonate or invade the privacy of another; infringe the rights of any third party, including intellectual property, business, contractual and fiduciary rights; are in any way connected with the transmission of "junk mail," "spam," "pyramid schemes" solicitations, chain letters, or any other mass distribution of unsolicited e-mail; interfere with the functioning of the Cute Order platform or any linked web site; or involve sending abusive, obscene, hateful or otherwise offensive content by means of any Service. You also agree to comply with the rules of the internet service providers, networks, hosting and telecommunication services, servers, computer databases, and web sites that you access or use in conjunction with the Cute Order platform and Services.
You agree: (a) to notify us immediately if you become aware of any unauthorized use of your account, any breach in the confidentiality of your account records, or any breach or attempted breach of security involving the Cute Order platform or Services; and (b) not to access or attempt to access any area of the Cute Order platform using passwords and/or account information not assigned to you.
Consent to Receive Email
You hereby consent to receive periodic email communications from Company and Company's business entity affiliate regarding customer service issues, discounts, coupons, new offers and other matters.
Linked Sites and Advertisements
You may be able to access web sites operated by third parties from the Cute Order platform. Unless we tell you otherwise in writing, we do not operate or control any of the information, products or services on such linked sites. You acknowledge and agree that: (a) you access such linked sites at your own risk; (b) we make no representation or warranty, and assume no responsibility for, any linked site or the actions or omissions of its owners or operators; (c) we make no endorsement of, and assume no responsibility for, any goods or services offered by the companies that "power" or support the Cute Order platform or any other site; and (d) although we may have a contractual or other relationship with the operators of a linked site, we will not be responsible for the content, accuracy, integrity or operation of their site.
Third parties may offer goods and services to you through marketing that is made available at or through the Cute Order platform. Unless we expressly state otherwise in writing, we make no endorsement regarding such parties, and we make no representation, recommendation or warranty with respect to their goods, services or advertising. You agree to hold us harmless in connection with our selection of third party advertisers, as well as their actions and omissions.
Limitation on Liability and Warranty Disclaimers
THE CUTE ORDER PLATFORM, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL THEIR FAULTS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NOR OUR SERVICE PROVIDERS MAKE NO WARRANTIES WHATSOEVER REGARDING THE CUTE ORDER PLATFORM, CONTENT AND SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR THE ACCURACY OF ACCOUNTING DATA OR ITS ADHERENCE TO GAAP OR ANY OTHER DATA, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES THAT MIGHT OTHERWISE BE IMPLIED BY LAW (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) WITH REGARD OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE CUTE ORDER PLATFORM OR SERVICES. NEITHER PARTY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, OR CLAIMS ARISING IN TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE CUTE ORDER PLATFORM, CONTENT AND SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES YOU MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF US UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US, IF ANY, FOR THE USE OF THE CUTE ORDER PLATFORM, CONTENT AND SERVICES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO CONTENT AVAILABLE AT OR THROUGH THE CUTE ORDER PLATFORM SHALL CREATE ANY WARRANTY. WE ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE CUTE ORDER PLATFORM, CONTENT OR SERVICES, FOR VIRUSES CREATED BY THIRD PARTIES, OR FOR INFORMATION PROVIDED BY THIRD PARTIES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. To the extent these laws apply to you, some of the provisions set forth in this Agreement may not apply.
We will not be liable to you for any failure or delay in performing Services or making the Cute Order Platform available for your use if the failure or delay is due to: causes beyond our reasonable control; natural catastrophes; governmental actions or omissions; the application of any law, payment system rule, governmental guideline or regulation; terrorism; labor strikes or difficulties; communication system breakdowns; hardware or software failures; viruses introduced by third parties; our inability to confirm your identity or your authority to act; or our inability to procure supplies or materials or access the networks through which we operate Services.
You agree to indemnify, defend and hold us and our directors, officers, employees and agents harmless from and against all claims, actions, proceedings, damages and costs (including attorneys' fees) related to or arising out of: (i) your use of the Cute Order Platform or Services; (ii) the actions or omissions of third parties who advertise at the Cute Order Platform or through linked sites; (iii) our reliance on instructions that are accompanied by your password or security code; or (iv) your breach of these terms.
You acknowledge and agree that the software used by us in the operation of the Cute Order Platform, and the copyright, patent, trademark, trade secret and all other proprietary rights in and to the technology, designs, graphics, marks and software used by us for the Cute Order Platform and Services, are proprietary to us and our licensors. As such, you will not gain any ownership or other right, title or interest in or to them by reason of this Agreement or otherwise. You may not reverse engineer, modify, or de-compile any of the technology that we make available to you. You agree not to engage in the practice known as "screen-scraping" in an attempt to obtain a list of the Cute Order Platform users. You agree to comply with the terms of any license agreement we make available to you with any software.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
We may terminate your use of the Site and its Services at any time without cause. The terms of this agreement will continue to apply following its termination to any obligations incurred or arising prior to its termination.
Company will not take any payments from you directly, as all payments are processed through our business entity affiliates. Accordingly, the Company offers no refunds on purchases made through the Site, and all refund requests much be made directly to the business entity affiliate.
Amendments. Without prior notice we may add to, delete from, or change the terms of this Agreement by posting a revised Agreement at this web site. Your continued use of the Cute Order Platform or Services after such posting will be evidence of your agreement to the changes. As such, you should visit this page periodically.
California Law. The validity, interpretation and legal effect of this Agreement will be governed by the laws of the State of California, without reference to its conflict of law provisions. Any legal action or proceeding between you and Cute Order for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in county of Fresno in the state of California. Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party.
Copies of this Agreement. You can obtain a free paper copy of this Agreement by writing to Cute Order Software at 18100 Von Karman Ave., Suite 850, Irvine, California, 92612.
Notices. You may send notices to Cute Order at, Cute Order, 18100 Von Karman Ave., Suite 850, Irvine, California, 92612. We may send notices to you at your postal or e-mail address, or by posting a message at this web site.
Copyright/Trademark Notice. Copyright © 2000-2012 Cute Order, Inc., 516 W. Shaw Ave, Suite 200, Fresno, California, 93704. "Cute Order" and the Cute Order Platform are trademarks of Cute Order, Inc.
Commercial Use. Any and all commercial use of the Cute Order Platform by you is strictly prohibited.
Severability. If any part, term or provision of this Agreement is determined to be invalid or unenforceable by a court, board or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board or tribunal, or, if such provision is found to be totally unacceptable to such court, board or tribunal in any form, then as if such invalid provision were omitted altogether.
Waiver. Any waiver of the provisions of this agreement must be in writing to be valid. No waiver will occur as a result of a usage of trade, custom or practice. Failure by either you or us to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.
Breach. If you breach any term or condition herein, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Headings/Captions. The headings and/or captions used in this Agreement are used for administrative purposes only, and do not constitute substantive matter to be considered in construing the terms of this Agreement.
Entire Agreement. This Agreement constitutes the full, complete and entire understanding and agreement between you and us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior notice, be automatically modified to conform to the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter of this Agreement.
Any and all rights not expressly granted herein are reserved.