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Terms of service

Terms of Service

SECTION 1 - OVERVIEW

Welcome to https://cusocuts.com/, a website (the “Site”) owned and operated by Cuso Cuts, LLC (“Cuso”). Throughout the Site, the terms “we”, “us”, and “our” refer to Cuso. We offer this Site, including all information, tools, and services available, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. References to “you” and “your” refer to any individual using our Site.

By using our Site, whether as a buyer or as a visitor, you engage in our “Services” and agree to comply with and be bound by the following terms and conditions (the “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of Content.

Please read these Terms of Service and our Privacy Policy (provided at https://cusocuts.com/policies/privacy-policy) carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service and our Privacy Policy and represent and warrant that: (a) you can form a binding contract with us; (b) you are not a person who is barred from using the Site and/or our Services under the laws of the United States (U.S.) or any other applicable jurisdiction (i.e., you do not appear on the U.S. Treasury Department list of Specially Designated Nationals or face any other similar prohibition); and (c) you will comply with these Terms of Service and all applicable local, state, national, and international laws, rules, and regulations. If you do not meet all of these requirements or agree to these Terms of Service, then you may not access the Site or use any Services and should promptly leave the Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, tools, information, or Services which are added to the Site shall also be subject to the Terms of Service. Certain products offered by us may be subject to additional agreements and policies. You can review the most current version of these Terms of Service at any time on this webpage. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service from time to time by posting updates and/or changes to our website without prior notice to you. When changes are made to these Terms of Service, they will become effective immediately when published on this webpage unless otherwise noted. We may also modify, add to, delete, and/or discontinue any or all parts of our Site and/or Services without prior notice. It is your responsibility to check this webpage periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes your acceptance of those changes. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of these Terms or our Site and/or Services.

Our online store is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products to you.

OUR COMMITMENT TO ACCESSIBILITY

Cuso Cuts, LLC is committed to making our website’s content accessible and user-friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our team at help@cusocuts.com with “Accessibility Concern” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of
our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user-friendly.

We are committed to making our Site accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of our Site, please contact us using the email address provided in Section 23 below.

SECTION 2 - TERMS OF SALE

Orders

We may make improvements and/or changes to the products or Services described on our Site or add new features to our Site at any time without notice. We also: (a) reserve the right to change the products advertised or offered for sale through our Site, the descriptions of the products, the prices or specifications of such products, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that the products advertised or offered for sale on our Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on our Site (including without limitation product descriptions, colors, or photographs) is accurate, complete, reliable, current, or error-free; (e) reserve the right to discontinue any product at any time; and (f) reserve the right to modify, cancel, terminate, or not process orders (including accepted orders) where the price or other material information on our Site is inaccurate, where we have insufficient quantities to fulfill an order, or for any other reason, in our sole discretion, on a case-by-case basis. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. In the event that we modify, cancel, terminate, or do not process an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was made. Unless otherwise indicated, products sold on our Site are intended for end use in the U.S. and Canada and are not otherwise labeled or intended for international distribution. You may not use our products for any illegal or unauthorized purpose in any manner contrary to local, state, federal, or international laws.

· Taxes: If we are legally required to collect sales tax on the products you order, the tax amount will be added automatically to your purchase price. On rare occasions, an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time for up to two (2) years from your date of purchase, you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

· Payment Processing: We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices. For online orders, the methods of payment that we accept are [Visa, Mastercard, American Express, Discover, PayPal, Apple Pay, Google Pay, Shop Pay, Venmo, or Cuso gift certificates. Cuso gift certificates can be combined with any accepted payment method. Please make sure to enter the gift certificate first.

Certain products may be available exclusively online through our Site or for a limited period of time. These products may have limited quantities available and are subject to return or exchange only according to the Refunds and Replacements subsection below.

We have made our best efforts to display as accurately as possible the colors and images of our products that appear on our Site. However, we cannot guarantee that your computer monitor’s display of any color or image will be accurate.

You agree to provide current, complete, and accurate purchase and account information for all transactions made on our Site. You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card expiration dates, so that we can process your orders and contact you as needed.

Pre-orders have a twenty-four- (24) hour cancellation window.

Refunds and Replacements

Our Site sells some products for which we allow a refund or replacement; meaning (a) all or a portion of the purchase price is returned to you without you providing the item back to us or (b) we will provide you with a similarly priced replacement item. This may be indicated on our Site or may be communicated by our customer service department to you. If the product arrives defective or damaged, or you are dissatisfied for any reason, you may request a refund or replacement. Products that do not arrive in a defective or damaged state must be properly taken care of and maintained in re-sellable condition in order to be eligible for a replacement (i.e., cleaned and oiled, not rusted, with original packaging, etc.). We reserve the right to only issue a refund, or require a replacement, in our sole discretion, regardless of what our Site may indicate. Refunds or replacements will not be issued for products that were not purchased directly through our Site. Only regularly-priced products may be refunded or replaced. Final sale products are not eligible for refunds or replacement. The time it may take for your replacement product to arrive may vary depending on where you are located. If you received a product that was marked as a gift when purchased, we will replace it with another item or gift certificate of equal value. The gift certificate will be mailed to you once the item being replaced is received. If the product wasn’t marked as a gift when purchased, or the gift giver had the order shipped to himself or herself to give to you later, we will send a refund to the gift giver. You may not receive a replacement for the following products: (a) gift certificates, (b) downloadable software products, and (c) certain health and personal care products.

· Timing: For refund and replacement eligible products, you have thirty (30) days from the date of shipment to contact us for a full refund of the purchase price (less shipping and handling fees) or replacement. Following such thirty- (30) day period, no product is eligible for a refund or replacement. However, even after thirty (30) days, we encourage you to contact us if you are unsatisfied with a product so our customer service team can improve your experience, which, in our sole discretion, may include providing an exception to this policy.

· Guarantees: Some of our products or brands carry a “100% satisfaction guarantee” which may allow for refunds or replacements for a period longer than thirty (30) days. If so guaranteed, all terms of the satisfaction guarantee apply and such guarantee will be treated as a refund or replacement for the purpose of these Terms.

· Conditions: Your refund or replacement is subject to the following conditions:

To request a refund or replacement, you must contact our customer service department and provide proof of purchase.
In your refund or replacement request, you must indicate the specific product with which you are not satisfied and include your order number, name, a picture of the product, and contact information, as well as the reason for your refund or replacement request.
Once your return is received and inspected, we will notify you that your returned product has arrived. We will also notify you of the approval or rejection of your refund. Products that are returned to us in a condition that is different from what is depicted may not be replaced.
If we accept your refund or replacement request, you will receive a credit to your original form of payment or a replacement of the same product, which will be sent to the original shipping address associated with the order number you provide. If we are unable to credit that form of payment, your refund may not be completed. We shall use our best efforts to contact you for new payment information. Refunds may take several business days to appear on your bank statement. If you do not receive your refund within thirty (30) days, please contact us.
We will send you a pre-paid shipping label in order to return the product being replaced. It is your responsibility to pack the product properly to ensure that nothing gets damaged in transit. Please do not send the product back to the manufacturer. Instead, mail your product to:

Cuso Cuts, LLC

11401 Harmon Road, Site 500

Fort Worth, TX 76177

Shipping

Currently we only ship products within the U.S. and Canada. Shipping fees vary and can be found as calculated during the order completion process before checking out.

Unless otherwise indicated, we are only able to ship to one (1) shipping address per individual order. If you’d like to ship to multiple addresses, please place separate orders for each unique address. We do not ship to a P.O. Box or Military APO or FPO addresses. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If you order is returned for an invalid or incorrect address, your order will be returned to stock and refunded less any shipping charges.

We are not liable for any lost shipments when USPS is selected as the preferred shipping method.

We aim to process and ship all order within two (2) to three (3) business days from the date of purchase. This commitment applies to standard orders placed under normal operating conditions. During peak periods, such as holidays, promotional or pre-order events, or periods of high demand, fulfillment times may be extended. While we make every effort to maintain our standard processing times, delays may occur due to increased order volumes or supply chain constraints. You will be notified of any significant delays via email or the product page of the Site.

If we do not ship your order within five (5) business days from the date of purchase (excluding delays caused by customer input errors or force majeure events), we will issue a replacement product at no additional cost to you. This replacement will be processed and shipped as a priority order. Please ensure all order and shipping information is accurate at the time of purchase. Delays resulting from incorrect or incomplete customer information are not covered under our replacement policy.

Our obligation to send a replacement product is your sole and exclusive remedy for a missed fulfillment commitment. We are not liable for any indirect, incidental, or consequential damages resulting from delayed shipments.

If you have questions regarding shipping or order fulfillment, please contact us.

Promo Codes and Discounts

We may create and our Site may advertise promo codes, discounts, coupon codes, and other offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions and must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers. Only consumers can use promo codes. Promo codes cannot be used by resellers, wholesalers, or the like. You may have no right to the discounts, coupons, or offers that are expired or discontinued even if they remain visible on our Site.

Free Items and Gifts with Purchase

Promotions including free items with purchase, sometimes referred to as gifts, are available for a limited time only and are offered only while supplies last. No rainchecks will be provided for out-of-stock free items. There is a limit of one (1) free item per transaction. Any available free gifts must be shipped with an order and cannot be shipped separately.

SECTION 3 - OUR INTELLECTUAL PROPERTY RIGHTS

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing on our Site (the “Content”) are protected intellectual property of, or used with permission or under license by, Cuso. Such Content may be protected by copyright, trademark, patent, or other proprietary rights and laws. This includes the entire Content of the Site, copyrighted and protected as a collective work. All intellectual property rights associated with our Site, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using our Site. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on our Site is strictly prohibited.

Subject to your compliance with these Terms of Service, we grant you a limited license to access and use our Site and its Content for personal, informational, and shopping purposes. No Content from our Site may be copied, reproduced, republished, performed, displayed, duplicated, downloaded, posted, transmitted, or distributed in any way without written permission of the owner of such Content, except that you may download or print one (1) copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with these Terms, and retain the same solely for as long as you continue to be permitted to access our Site. To use Content under such an exception, you must (a) keep any copyright, trademark, or other proprietary notices intact, (b) use such Content pursuant to any licenses associated with such Content, (c) not copy or post such Content on any networked computer or broadcast it in any media, (d) make no modifications to any such Content, and (e) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, resell, exploit, distribute, or create derivative works based in whole or in part on all or any part of our Site or the Content.

SECTION 4 - YOUR AUTHORIZED USE OF OUR SITE

While using our Site, you are required to comply with all applicable statutes, orders, regulations, rules, ordinances, and other laws. You may not use our Site and/or Services for any fraudulent, unauthorized, or unlawful purpose, and you may not take any action to interfere with our Site or any other party’s use of our Site. A breach or violation of any of these Terms will result in an immediate termination of your right to access and use our Site and/or Services. In addition, we expect users of our Site to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available to or through our Site any content that is unlawful, harmful, harassing, abusive, defamatory, threatening, intimidating, insulting, fraudulent, libelous, tortious, vulgar, obscene, harmful, defaming, slanderous, disparaging, hateful, immoral, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable, in our sole discretion, including unauthorized or unsolicited advertising;
Post to or transmit through our Site any sensitive personally identifiable information about yourself or third parties, such as social security, credit card, or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our Site;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with our Site, or express or imply that we endorse any statement you make;
Violate, or attempt to violate, the security of our Site;
Solicit others to perform or participate in any unlawful acts;
Disseminate, upload, or transmit on our Site any viruses, worms, spyware, adware, or other malicious or destructive computer code, file, or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;
Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of our Site;
Circumvent the security features of our Site;
Build a competitive product or service using our Site, build a product or service using similar ideas, features, functions, or graphics as our Site, or determine whether our Site is within the scope of any patent;
Interfere in any manner with the operation or hosting of our Site or monitor the availability, performance, or functionality of our Site;
Use any data mining, phishing, pharming, pretext, crawler, scraping, bots, spiders, automated tools, or similar data gathering and extraction methods, directly or indirectly, on our Site or to collect any information from our Site or any other user of our Site; or
Assist or permit any persons in violating these Terms of Service or other applicable laws or rules governing the use of our Site.

· Linking: You are granted a limited, non-exclusive right to create text hyperlinks to our Site for informational purposes, provided such links do not portray us in a false, misleading, derogatory, or otherwise defamatory manner and provided that the linking site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in our Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from our Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.

SECTION 5 - DOWNLOADS

Our Site may allow you to download certain Content and other information or materials. The Company makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with the Company or a third party (e.g., an agreement with a mobile application store).

SECTION 6 - CONTENT SUBMITTED BY YOU

You are responsible for any information, text, reviews, posts, images, videos, or other materials or content that you post on our Site, upload to us, or transmit through our Site (“User Content”). You agree, represent, and warrant that any User Content you post on our Site or transmit through our Site is truthful, accurate, not misleading, and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post, or otherwise make available on or through our Site any User Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s). If you are uploading a receipt, you represent and warrant that you have the right to upload the receipt and understand that receipts may contain information about your transaction. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.

Please do not post or send us any User Content, ideas, or suggestions that you wish to keep private or proprietary, or for which you expect to receive compensation. By sending any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content to us, you agree that: (a) we are free to use such User Content for any purpose, (b) such User Content will be deemed not to be confidential or proprietary, (c) we may have something similar already under consideration or in development, (d) we are under no obligation to respond, and (e) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed to in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

· User Content License: By submitting User Content to us directly or indirectly (including through any use of third-party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit, and distribute, or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service, or technology now known or hereafter developed for any purpose, including sale, manufacture, or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness, and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of our Site a non-exclusive license to access your User Content through our Site, and to tag, rate, review, comment on, use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of our Site and under these Terms of Service. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals, or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy, or otherwise approved by you.

We may monitor, edit, or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. You further agree that your comments will not contain any computer virus or other malware that could in any way affect the operation of our Site and/or Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments that you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 7 - INTERACTIVE FEATURES

Descriptions, Testimonials, Opinions

Our Site may contain expert opinions. Information on our Site identified as an expert opinion, or accessed from this Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of the Cuso.

Our Site may allow you to leave product reviews, opinions, or testimonials, all of which is User Content. If you leave a review on another website, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content.

Descriptions and graphic representations of products on our Site are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product. Technological issues, such as your device settings, may alter how a product appears on our Site.

WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON OUR SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW.

SECTION 8 - THIRD-PARTY CONTENT AND LINKS

Certain Content, products, and Services available via our Site may include materials from third parties. Any information, statements, opinions, or other information provided by third parties and made available on our Site are those of the respective author(s) and not ours. We do not guarantee the validity, accuracy, completeness, or reliability of any opinion, advice, service, offer, statement, or other third-party content on our Site.

We may provide on our Site, solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities that are not affiliated with us. If you click these links, you will leave our Site. If you decide to visit any external link, you do so at your own risk and it is your responsibility to examine and evaluate the accuracy of the material and to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any of our trademarks, logos, or copyright symbols.

We may maintain a presence on and link to social media websites, including Facebook, YouTube, TikTok, Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES, AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party’s policies and practices carefully to make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional third-party tools offered through our Site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms of which tools are provided by the relevant third-party provider(s). We may also, at any point in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 - OTHER POLICIES

These Terms apply exclusively to your access to, and use of, our Site and/or Services and do not alter in any way the terms or conditions of any other agreement you may have with us for products, Services, programs, or otherwise. Additional policies and terms may apply to the use of specific portions of our Site and/or Services and to the purchase of certain products and are included as part of these Terms whether they reference these Terms or not.

If you are an individual accessing and/or using our Site on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (“Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms.

Other policies and agreements are typically found by navigating our Site, typically by checking Site headers and footers and by reviewing hyperlinked terms at the point of sale.

Any sweepstakes, contests, coupons, or other promotions made available through our Site may be governed by specific rules that are separate from these Terms. By participating in any such promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission, and/or entry are valid. You agree to read and abide by the applicable rules.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.

You understand that your User Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Should we employ you, none of the materials provided on our Site constitute or should be considered part or of an employment contract or an offer for employment.

The material on our Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on our Site is at your own risk. Our Site may contain historical information. Such historical information is not necessarily current and is provided for your reference only.

Occasionally, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on our Site or any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on our Site or any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied to our Site or on any related website should be taken to indicate that all information on our Site or any related website has been modified or updated.

SECTION 11 - DOWNTIME

From time to time, interruptions, errors, delays, or other deficiencies in providing access to the Site and/or Services may occur due to a variety of factors, some of which are outside of our control, and some of which may require or result in scheduled maintenance or unscheduled downtime (“Downtime”). Part or all of the Site and/or Services may be unavailable during any such period of Downtime, which may include the inability to access the Site and/or Services at the time you intend.

SECTION 12 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. We, in our sole discretion, may suspend or terminate these Terms of Service at any time without notice and without cause, and may deny you access to the Site and/or Services or any portion thereof as a result. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Site and/or Services, or when you cease using our Site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination and we may accordingly deny you access to our Site and/or Services (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. The provisions of these Terms of Service concerning the protection of intellectual property rights, authorized use, User Content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon termination of the Terms of Service by you or us, (a) you must destroy all Content obtained from our Site and all copies thereof; (b) you will immediately cease all use of and access to our Site; and (c) we may delete or disable access to any of your User Content at any time. You agree that if your use of our Site is terminated pursuant to these Terms of Service, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of our Site after termination will be a violation of this Section 12, which survives any termination.

Even after the termination of these Terms of Service or access to our Site, any User Content you have posted or submitted may remain on our Site indefinitely.

SECTION 13 - ACCESS BY MINORS

By accessing and/or using the Site, you represent that you are at least the age of majority in the state or province in which you access and/or use the Site. If you are under the age of majority in the state or province in which you access and/or use the Site, you should use our Site only with the supervision of a parent or guardian who agrees to be bound by these Terms. Our products are not directed to individuals under the age of majority.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

SECTION 14 - DISCLAIMER OF WARRANTY

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE PRODUCTS OR THE CONTENT AVAILABLE ON OUR SITE OR ANY OTHER SITES LINKED TO OR FROM OUR SITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH OUR SITE IS DONE AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED BY US, THE CONTENT OF OUR SITE, AND ALL PRODUCTS AND SERVICES DELIVERED THEREIN, IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

SECTION 15 - LIMITATION OF LIABILITY

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS, AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES, INJURIES, LOSSES, OR CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE OUR SITE, OUR SITE’S CONTENT, OUR PRODUCTS, OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA, REVENUE, OR PROFITS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, ERRORS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

SECTION 16 - INDEMNITY

You agree to indemnify, defend, and hold the Releasees and all of our directors, officers, partners, employees, interns, agents, licensors, shareholders, successors, assigns, contractors, and subcontractors harmless from and against any and all claims, demands, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of these Terms of Service or the documents incorporated herein by reference; (b) your activities in connection with our Site; (c) your violation of any law or the rights of a third party; or (d) the Content or other information you provide to us through our Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

SECTION 17 - CONSENT TO COMMUNICATION

When you use our Site or send communications to us through our Site, you are communicating with us electronically. You consent to receive any communications related to your use of our Site electronically. We may communicate with you by email or by posting notices on our Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us or when posted on our Site. Please note that by submitting User Content or otherwise providing us with your email address, postal address, or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

SECTION 18 - ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the products and/or Services constitutes the entire agreement and understanding between you and us and govern your use of the Site and/or Services and your purchase of our products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

If any part of these Terms of Service are determined to be invalid, void, unlawful, or unenforceable, then such provision will be deemed superseded by a valid, enforceable provision that most closely aligns with the intent of the original provision and the allocation of risks, and the remainder of these Terms of Service shall continue in full force and effect. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. If any provision is found to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure or delay by Cuso to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, nor shall any single partial exercise of any right or provision preclude any other further exercise thereof. No agency, partnership, joint venture, fiduciary, or other special relationship or employment is created as a result of these Terms of Service, and you may not make any representations on behalf of or that bind Cuso.

SECTION 19 - FORCE MAJEURE

Under no circumstances shall Cuso be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber-related events and/or occurrences attributed to state and/or quasi-state actors by either public or private organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.

SECTION 20 - ASSIGNMENT

You may not assign or sublicense these Terms or any of your rights or obligations herein, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice to you. These Terms will be binding upon, inure to the benefit of and be enforceable against all parties and their respective successors and assigns.

SECTION 21 - GOVERNING LAW, INJUNCTIVE RELIEF, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY.

No Class Actions

YOU AGREE THAT ANY CLAIMS UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Injunctive Relief and Waiver

You and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court having jurisdiction finds any portion of these Terms of Service unenforceable, that portion shall not be effective and the remainder of these Terms of Service shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms of Service will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Governing Law

These Terms of Service and the rights of the parties hereunder, as well as any separate agreements whereby we provide you products, shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. Any legal action that you file relating to your use of the Site and/or Services or purchase of our products shall be filed exclusively in the state and federal courts located in New York and shall not be filed in any other jurisdiction. You agree to submit to the jurisdiction of the state and federal courts located in New York for purposes of any contractual or non-contractual disputes or claims relating to your use of the Site and/or Services or purchase of our products. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you against us arising from or relating to the use of the Site and/or Services or purchase of our products must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce and that this provision applies to both contractual and non-contractual disputes or claims.

SECTION 22 - TERMS FOR USERS IN CERTAIN GEOGRAPHIC LOCATIONS

International Users

Each claim or statement about the effectiveness of our products or comparing the effectiveness of our products is expressly limited to the U.S. and Canada, unless otherwise disclosed. The products referred to on our Site may only be available in the territory to which that Site is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATIONS FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE U.S. AND CANADA. Those who choose to access our Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to U.S. export controls and are responsible for any violations of such controls, including without limitation any U.S. embargoes or other federal rules and regulations restricting exports.

Despite the above, as a consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms of Service affect your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to these Terms of Service heard by your local courts. These Terms of Service do not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVE THE RIGHT TO CONTEST THAT WE ARE NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit our Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. These Terms of Service, as well as all other documents related to it, including notices and correspondence, will be in the English language only.

SECTION 23 - CONTACT INFORMATION

If you have any questions about the Terms of Service, or technical questions about the operation or accessibility of our Site, or comments about Cuso or our products, please contact us at help@cusocuts.com.