Welcome to www.codabear.com, a Site (the “Site”) owned and operated by DACO Enterprises LLC, dba Coda Bear (“Coda Bear”) The Site or any product or service offered on the Site (collectively the “Services”) are provided by Coda Bear, conditional on your acceptance of the terms and conditions of use set out below (the “Terms of Use”). Your use of the Site shall constitute your binding acceptance of the Terms of Use.
By accessing any part of the Site, you agree to be bound by these Terms of Use. Please review the following terms carefully.
Our Services
Our Site is an e-commerce website and offers a turnkey program of original content, including music, arts, crafts, movement and literature for children in a home or school setting. Products can be downloaded as a PDF or an MP3 file.
Definitions
The terms “us” or “we” or “our” refers to Coda Bear, the owner of this Site.
A “Visitor” is someone that merely browses our Site.
A “Member” is someone who has registered with our Site to use our Services.
The term “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, designs, and data content posted by our Members is known as “Member Content”.
Acceptance of Agreement
This Agreement is between you and Coda Bear.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Coda Bear, and supersedes all other Agreements, representations, warranties and understandings with respect to our Site or Services, and the subject matter contained herein. However, in order for you to use our Site, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Site, and you should review this Agreement prior to using our Site. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Site. If you have already accessed our Site and do not accept this Agreement, you should immediately discontinue use of our Site and Services.
Limited License
Coda Bear grants individuals and educators the right to purchase, download and/or print one set of materials to be used for one family or one classroom. Coda Bear materials may not be copied, resold or given out in any way other than stated above or in the Terms of Use without prior permission of Coda Bear. If there is a need to use the Coda Bear materials for more than one classroom or one family, please contact Coda Bear for the granting of a multiple use license.
You are granted a non-exclusive, non-transferable, revocable license to access and use www.codabear.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Coda Bear that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Coda Bear or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Coda Bear content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Coda Bear and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Coda Bear or our licensors except as expressly authorized by these Terms. No print out or electronic version of any part of our Site may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Membership and Your Account
To use our Services, you may register with our Site to become a Member. Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least age (18) years of age or older.
Any registration by, use of or access to our Site by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By using our Site and/or Services, you represent and warrant that you are (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Coda Bear has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Site cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CODA BEAR is not responsible for third party access to your account that results from theft or misappropriation of your account. CODA BEAR and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
CODA BEAR collects personally identifiable information from children under the age of thirteen. This information may be collected on the demographics using the materials, such as name and age. No personal information will be shared with anyone not associated with Coda Bear.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use www.codabear.com only with permission of a parent or guardian.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Site or Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Coda Bear.
Our Intellectual Property
Our Site may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Site or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Coda Bear.
Our Services, as found within our Site, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Services, is strictly prohibited. Your use of our Site and Services does not grant you any ownership rights.
Digital Millennium Copyright Act Compliance
Our Site will respond quickly to claims of copyright infringement as found in our Site and Services, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Services, please provide us with a written notice via mail, fax, or email that contains the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on our Site;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
Content Disclaimer
The opinions expressed on our Site are not necessarily the opinions of Coda Bear. Any Blog content provided by our bloggers are of the blogger’s opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.
The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.
We undertake no obligation to update any Content on our Site. Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our Site will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Site will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of our Site or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Site or Services.
Financial, Legal and Other Advice Disclaimer
You hereby acknowledge that nothing contained in our Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Coda Bear or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Site or Services.
Internet Communications
The Internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication. DLTK is not liable for any damages resulting from the transmission, interception or corruption of communications to or from the Sites.
Communication Services
Visiting www.codabear.com or sending emails to Coda Bear constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Coda Bear has no obligation to monitor the Communication Services. However, Coda Bear reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Coda Bear reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Coda Bear reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Coda Bear’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Coda Bear does not control or endorse the content, messages or information found in any Communication Service and, therefore, Coda Bear specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Coda Bear spokespersons, and their views do not necessarily reflect those of Coda Bear
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Advertisers and Sponsors Disclaimer
Our Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY Coda Bear AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
Merchant and Advertisement Disclaimer
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the Content or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant Sites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Warranty Disclaimer
Coda Bear is not responsible or liable in any manner for any Content posted on our Site or in connection with our Services, whether posted or caused by Members of our Site, or by Coda Bear. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Site or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Site or Services. Coda Bear is not responsible for the conduct, whether online or offline, of any user of our Site or Services.
Our Site or Services may be temporarily unavailable from time to time for maintenance or other reasons. Coda Bear assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.
Coda Bear is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Site or Services, including without limitation any software provide through our Site or Services.
Under no circumstances will Coda Bear be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Site or Services, or any interactions between Users of our Site or Services, whether online or offline.
Coda Bear reserves the right to change any and all Content, software and other items used or contained in our Site or Services, at any time without notice. Reference to any Content, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Site, by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Coda Bear, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SITE OR SERVICES. Coda Bear CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Coda Bear DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR SITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Coda Bear. OUR SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
Coda Bear, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Site or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Site or Services, (d) your use of our Site our Content, (e) the content contained on our Site or Services, or (f) any delay or failure in performance of our Site and Services beyond our control.
IN NO EVENT WILL CODA BEAR OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR SITE OR SERVICES, EVEN IF CODA BEAR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CODA BEAR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SITE CONTECT AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Member Conduct
Members may post their own content to our Site through our Services (Member Content). Members and Visitors understand that by using our Site or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. Coda Bear is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Coda Bear will submit all necessary information to the proper authorities.
If any Member Content is reported to Coda Bear as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Coda Bear. Should the Member fail to meet such a request, Coda Bear has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.
Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
1) upload, post or otherwise transmit any Member Content that:
Violates any local, state, federal, or international laws.
Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
Links directly or indirectly to any materials to which you do not have a right to link.
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Site or Services.
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
In the sole judgment of Coda Bear, is objectionable or which restricts or inhibits any other person from using or enjoying our Site or Services, or which may expose Coda Bear, our affiliates, or our Users to any harm or liability of any type.
2) use our Content to:
Develop a competing Site.
Create compilations or derivative works as defined under United States copyright laws.
Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
3) Decompile, disassemble or reverse engineer our Site, Services, and any related software.
4) Use our Site or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
Use of Information
We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Site and Services in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Content, services or operations.
Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Privacy Policy
Our Privacy Policy is considered part of this Agreement. You must review this Privacy Policy by clicking on this link.
Coda Bear respects the privacy and confidentiality of your personal information. Coda Bear does not collect your personal information, except where you provide such information in the course of using the Site. By submitting personal information to Coda Bear, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form. The general policies of Coda Bear with respect to the collection, use and disclosure of personal information are reflected in Coda Bear’s privacy policy, found at www.codabear.com/privacy (the “Privacy Policy”) and any questions in that regard may be directed to Coda Bear’s privacy officer (as identified in the Privacy Policy).
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Linking to Our Site
You may provide links to our Site, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Site, (b) your Site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Site immediately upon request by us.
Links to Other Sites
Our Site may, from time to time, contain links to third party Sites. These links are provided solely as a convenience to you. By linking to these Sites, we do not create or have an affiliation with, or sponsor such third party Sites. Inclusion of links for any Site on our Site does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party Sites. Coda Bear has no control over the legal documents and privacy practices of third party Sites; as such, you access any such third party Sites at your own risk.
Cookies and Web Beacons
To enhance your experience with the Site, Coda Bear reserves the right to use “cookies” (“Cookies”). Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell Coda Bear your e-mail address or other personal information unless you choose to provide this information to Coda Bear. However, once you choose to furnish the Site with personal information, this information may be linked to the data stored in the Cookie.
Coda Bear uses Cookies to understand usage and to improve the content and offerings on the Site. For example, we may use Cookies to personalize your experience at the Site (e.g., to recognize you by name when you return to the Site), or save your password in password-protected areas. We also may use Cookies to offer you Content or Services.
“Web beacons” or clear .gifs are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a Cookie to the browser of a visitor viewing that page. We may use web beacons on the Site from time to time for this and other purposes.
Payments
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
Refund and Return Policy
Since the Products our downloadable PDF files or MP3 files, we will not issue any refunds once a purchase is made by you. If the Product purchased is defective, we will provide a new file of the Product purchased at no additional charge to you.
Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Site or Services.
Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Clackamas County, Oregon and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Clackamas County, Oregon, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
General Terms
This Agreement shall be treated as though it were executed and performed in Clackamas Country, Oregon and shall be governed by and construed in accordance with the laws of the State of Oregon without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Site, Products or Service must be instituted within 365 days after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED
