Terms & Conditions

Last updated: March 01, 2023

Introduction

Welcome to Cheibear® Pajamas (the “Site”). This Site is operated by Cheibear Apparel LLC (“Cheibear® Pajamas”, “we”, “us” and/or “our”). By accessing and using this Site, you agree to be bound by the following Terms and Conditions and our Privacy Policy (together the “Terms”). If you do not agree to these Terms, do not use this Site.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

You must be at least 18 years old or visiting the Site under the supervision of a parent or guardian to purchase our products.

Website Access & Use

Limited License. Subject to your complete and ongoing compliance with these Terms, Cheibear® Pajamas grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings, descriptions, or prices; (c) making derivative uses of the Site or content therein; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Site. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.

No Support or Maintenance. You acknowledge and agree that Cheibear® Pajamas will have no obligation to provide you with any support or maintenance in connection with the Site.

Ownership. You acknowledge and agree that the Site and all intellectual property rights thereto including copyrights, trademarks, trade names, logos, images, graphics, videos, text, buttons, icons and the compilation and arrangement thereof, are the sole property of Cheibear® Pajamas and its licensors. All such rights are protected by U.S. and international intellectual property laws.

Trademarks. The trademarks, service marks, trade names, trade dress and logos (collectively, the “Marks”) displayed on this Site are the registered and/or unregistered Marks of Cheibear® Pajamas, or such third party that may own the displayed Marks. You are not permitted to use the Marks without the prior express written consent of Cheibear® Pajamas or such third party which may own the displayed Marks.

User Content. If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptographic hash of your email address, any other identifier or information capable of identifying you (“Personal Information”), you must ensure that such Personal Information is true, accurate, current and complete at all times. You must maintain and promptly update your Personal Information to keep it true, accurate, current and complete. We do not independently verify, and do not exert editorial control over, any Personal Information or content submitted by users. We reserve the right, but have no obligation, to monitor User Content and to remove any materials we consider in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your User Content will not contain any of the following:

Objectionable content – content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable.
Harm minors – content that harms minors or reveals personally identifiable information about them.
Impersonation – content that impersonates any person or entity, including any of our employees or representatives.
Illegal content – content that is illegal or promotes or encourages illegal activity.
Protected information – content that includes personal, private or sensitive information about another without their explicit consent, such as credit card numbers, social security or identification numbers, or account passwords.
Viruses – content containing viruses, corrupted data or other harmful, disruptive or destructive files or code.
Spam – content intended to spam, solicit others for commercial purposes, promote a product, service, political candidate or cause, or disrupt user access.
Intellectual Property infringement – content that infringes upon or violates any copyright, trademark, patent, trade secret or other proprietary right of any party.

Access Limitation. The Site is available for your business use only. You may not access, reproduce, distribute, modify, display, perform, create derivative works from, republish, download, store, or transmit any of the content available on or through the Site, except as follows:

Your computer may temporarily store or cache copies of such content to provide you with better service and faster access to such content.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile or other applications for download, you may download a reasonable number of copies to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

No Unauthorized Access. You will not:

Use any robot, spider, scraper or other automated means to access the Site or content or copy, monitor, display or extract any content or information on or from the Site.
Take any action that imposes or may impose (in our sole discretion) an unreasonable or a disproportionately large load on our infrastructure.
Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Site or service.
Rent, lease, copy, provide access to or sublicense any portion of the Site or its content to a third party.
Use any portion of the Site other than for its intended purpose.
Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful into the Site.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

No Disruptions. You will not take any action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment underlying or related to the Site.

Notice of Infringement. If you believe your intellectual property rights have been infringed upon by the Site, please notify our Copyright Agent at [email protected].

Reservation of Rights. All rights not expressly granted herein are reserved.

Placing Orders

Order Acceptance. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. Cheibear® Pajamas reserves the right to accept or reject any order for any reason at any time prior to shipment of your order. We reserve the right to refuse service, cancel orders or terminate accounts without prior notice. Some situations that may result in your order being rejected include:

We are unable to verify or authenticate any information you provide during the ordering process.
Your order may violate any Company policies or the Terms.
Your order seeks terms or discounts that do not exist.
There is a technical issue or error on the Site affecting your order.
We are unable to fulfill your order due to events outside of our control such as strikes, accidents, acts of God, etc.
Your credit card has been declined.
We have identified you as a risky buyer or someone conducting a transaction deemed suspicious by Cheibear® Pajamas.

Order Cancellation. You may cancel your order at any time before we ship it by emailing us at [email protected]. You will be issued a refund to the original payment method used to place the order. An order will be considered “shipped” once tendered to the shipping carrier. We reserve the right to cancel any orders with invalid or incomplete information provided by you.

Product Availability. All product pricing and availability is subject to change without notice. We cannot guarantee availability of any particular product displayed on the Site. The products displayed on the Site do not represent all products available from Cheibear® Pajamas. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.

Price & Payment. All prices posted on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Posted prices do not include taxes or charges for shipping and handling. All orders must be paid in full before being processed and shipped. Accepted payment methods are displayed on the checkout page. If your order is subject to any withholding taxes under applicable law, the withheld amounts will be included in the price of the applicable products. If any upcharges are applied (such as rush production or oversize), the upcharges will be included in the price of your order.

Taxes. You are responsible for paying any applicable taxes, duties or import fees relating to your order, such as sales tax, use tax, value-added tax (VAT), etc.

Shipping & Delivery. Shipping dates are estimates only and cannot be guaranteed. We are not liable for any shipping delays. All orders will be shipped to the address you designate in your order. A valid phone number is required for all shipments in case the carrier needs to contact you.

Returns & Exchanges. Products can be returned for a refund or exchange within 30 days of the shipment date. All returned or exchanged items must be in new and unused condition, in their original unaltered box/packaging. All original tags still attached. Custom made items are non-returnable. You are responsible for all return shipping costs.

Damaged Shipments. When you receive your shipment, if you see visible damage to the outer packaging, you must keep the packaging and contact us immediately so we can file a claim with the carrier. Concealed damage must be reported within 7 days of receiving your shipment. We will provide you with full instructions on how to return your damaged products for replacement or refund.

Risk of Loss. All items purchased from the Site are made pursuant to a shipment contract. The risk of loss and title for items purchased from Cheibear® Pajamas pass to you upon delivery of the goods to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

User Account

Account Registration. You may browse the Site without registering for an account. However, to purchase products and access certain features or content, you will need to register and create an account. When you register, you agree to provide accurate, current and complete account information about yourself. You also agree to promptly update your account to keep it accurate, current and complete at all times.

Account Security. When setting up an account, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account credentials. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us at [email protected].

Account Termination. We reserve the right to suspend or terminate your account and your access to the Site at any time for any reason without notice. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

Intellectual Property

All content included on this Site is the property of Cheibear® Pajamas or its content suppliers and licensors and is protected by copyright and other intellectual property laws. The collection, compilation, and arrangement of all content on this Site is the exclusive property of Cheibear® Pajamas. All rights not expressly granted are reserved.

Indemnity

You agree to defend, indemnify and hold harmless Cheibear® Pajamas and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, interns and volunteers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including attorney’s fees) arising from:

Your use of and access to the Site;
Your violation of any term of these Terms;
Your violation of any third party right, including any intellectual property right or publicity right; or
Any claim that the User Content caused damage to you or a third party.

This defense and indemnification obligation will survive termination of these Terms and your use of the Site.

Disclaimers

Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. Cheibear® Pajamas expressly disclaims all warranties and conditions of any kind, whether express or implied, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement.

Cheibear® Pajamas makes no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and assumes no liability or responsibility for any errors or omissions in the content. Cheibear® Pajamas does not warrant that the Site or any portion thereof, or any materials, information or functions made accessible on or through the Site, will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make such content available are free of viruses or other harmful components.

Cheibear® Pajamas does not warrant or make any representations regarding the use or the results of the use of the products or offerings made on the Site in terms of their correctness, accuracy, reliability, or otherwise. You assume all risks associated with using or relying on the Site. You agree that from time to time we may remove the Site for indefinite periods, or cancel the Site at any time, without notice to you.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitations of Liability

To the fullest extent permitted by law, under no circumstances will Cheibear® Pajamas be liable to you or any third person for any indirect, incidental, special, punitive or consequential damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use the Site or any materials, information or functions made accessible on or through the Site, whether based on warranty, contract, tort, negligence, statute, or any other legal theory.

Cheibear® Pajamas will not be liable for any damages of any kind resulting from the use of the Site including direct, indirect, special, punitive, incidental or consequential damages. Cheibear® Pajamas’ total liability arising from or relating to the Site is limited to the greater of $100 or the amount you paid to Cheibear® Pajamas in the 12 months prior to the event giving rise to the liability. This limitation of liability is a bargained-for exchange between the parties and reflects a reasonable allocation of risk. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Cheibear® Pajamas and you.

The foregoing limitations will apply even if the remedies fail their essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

Modifications to Site

Cheibear® Pajamas reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Cheibear® Pajamas will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

Dispute Resolution

Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms (each a “Dispute”), you and Cheibear® Pajamas agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice from one party to the other. You will send your notice to Cheibear® Pajamas at [email protected]. Cheibear® Pajamas will send its notice to the email address associated with your account.

Binding Arbitration. If you and Cheibear® Pajamas are unable to resolve a Dispute through informal negotiations, either you or Cheibear® Pajamas may elect to have the Dispute finally and exclusively resolved by binding arbitration, subject to your rights to opt out as set forth below. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Cheibear® Pajamas will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Cheibear® Pajamas may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

You and Cheibear® Pajamas agree that any arbitration shall be limited to the Dispute between Cheibear® Pajamas and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other arbitration proceeding; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND CHEIBEAR® PAJAMAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cheibear® Pajamas agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this dispute resolution/arbitration provision shall be null and void.

Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Davidson County, Nashville, Tennessee, and you and Cheibear® Pajamas agree to submit to the personal jurisdiction of any federal or state court in Davidson County, Tennessee in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Opt Out. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by emailing [email protected]. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. If you opt out of binding arbitration, neither you nor Cheibear® Pajamas will be subject to binding arbitration.

Changes. Notwithstanding the provisions in Section 1 above, regarding consent to changes, if Cheibear® Pajamas changes this Dispute Resolution section after the date you first accepted these Terms, you may reject any such change by sending us written notice (including by email to [email protected]) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Cheibear® Pajamas in accordance with the provisions of the “Dispute Resolution” section as of the date you first accepted these Terms.

General Terms

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Cheibear® Pajamas and you regarding this Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Cheibear® Pajamas and you regarding this Site.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Cheibear® Pajamas may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices. Any notices or other communications permitted or required hereunder shall be in writing and shall be deemed sufficiently given if either (i) delivered personally, (ii) sent by registered or certified mail, postage prepaid, return receipt requested, (iii) delivered by a recognized overnight courier service, or (iv) sent by email to the applicable party.

Governing Law. These Terms and your access to and use of the Site will be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflicts of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Davidson County, Tennessee.

Disclaimer. Cheibear® Pajamas is not responsible for any content, code or any other imprecision. Cheibear® Pajamas does not provide warranties or guarantees. This information is for illustrative purposes only and does not constitute a contract.

Severability. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

No Waiver. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waiver of these Terms by us must be made in writing and signed by an authorized representative of Cheibear® Pajamas.

Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Contact Us

If you have any questions about these Terms, please contact us at:

Cheibear Apparel LLC
4214 Charlotte Ave
Nashville, TN 37209 United States

Email: [email protected]

These Terms were last updated on March 01, 2023.