Last Update: December 2024
PLEASE READ THESE TERMS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, LIMITATIONS ON PERIODS FOR ASSERTING ANY CLAIMS, INDEMNIFICATION, AND GOVERNING LAW. YOUR USE OF THIS SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, WE KINDLY ASK YOU NOT TO USE THIS SITE.
Welcome to the website for Carter Bay, LLC (“Carter Bay,” “we,” “our,” or “us”). The following Terms of Use as well as the corresponding Privacy Policy which is incorporated herein by reference and available here by link or otherwise available through our website (the “Site”) (collectively the “Terms”) govern your access to and use of: the Site; any information, material, or content made available on or through the Site; and all other communications provided by Carter Bay.
These Terms form a legally binding agreement between you and us. Please take the time to read them carefully. You must be at least 18 years old to use this Site.
1. Changes to the Site
Carter Bay reserves the right to change, modify, discontinue, or deny access to the Site or any portion of the Site, including content, at any time, without notice to you. Carter Bay reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting updates to this webpage and changing the “Last Updated” date at the top of this webpage. Your continued use of the Site following the posting of changes to these Terms will mean you accept those changes.
2. Your Use of the Site
You are granted a limited, non-exclusive, revocable right to access and use the Site solely for personal, non-commercial use. This right does not include the right to, and you shall not (nor shall you facilitate, direct, or assist a third party to):
- Modify, reproduce, or resell any part of the Site’s content or data (excluding your personal information), or otherwise commercially exploit any of the Site’s content or data (even if that content or data is provided by a third party);
- Access, tamper with, or use non-public areas of the Site or Carter Bay’s computer systems;
- Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
- Access or search or attempt to access or search the Site by any means (automated or otherwise) other than through the available, published interfaces that are provided by Carter Bay;
- Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Site, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Site for any commercial purpose other than obtaining products and services from Carter Bay or your own personal, non-commercial use;
- Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Site;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the or Site;
- Use the Site or any of its content in any manner other than the manner in which it is intended to be used, or in any way that interferes with its normal operations or with any other user’s use and enjoyment of this Site, unless you first obtain Carter Bay’s express written consent;
- Upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
- Use the Site or its content for any purpose prohibited or restricted by law.
Except for the limited right expressly granted to you in these Terms, Carter Bay and its licensors expressly reserve all other rights and licenses.
3. Your User Account
If you register for an online account with Carter Bay on the Site, you are solely responsible for maintaining the confidentiality and security of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Carter Bay of any unauthorized use of your password or account or any other breach of security.
If you provide information on the Site, you agree to (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update such information to keep it true, accurate, current, and complete to the extent the Site facilitates such updates. If you provide any information that is false, inaccurate, outdated, or incomplete, or Carter Bay has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, Carter Bay has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) by you.
4. Use Outside of the United States
Carter Bay makes no representation that the materials contained on the Site or products described or offered on the Site are appropriate or available for use in every jurisdiction outside the United States, or that this Agreement complies with the laws of every country outside of the United States. Visitors who use the Site do so on their own initiative and are responsible for ensuring compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Site from any territory where its contents are illegal, and that you, and not Carter Bay, are responsible for compliance with applicable local laws.
5. User Content
You may have the option to post content, where applicable, on the Site ("User Content"). All User Content, regardless of method posted, is solely your responsibility. Carter Bay cannot guarantee that other users will not misuse the User Content that you share publicly. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site.
By posting any User Content on the Site, you hereby grant Carter Bay a royalty-free, fully paid up, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit, and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth above; and the posting of your User Content on or through the Site does not violate the privacy rights, intellectual property rights, publicity rights, contract rights, or any other rights of any person. Carter Bay shall not be liable for any use or disclosure of any User Content you post to or through the Site.
CARTER BAY SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU.
You understand that by using the Site, you may be exposed to User Content created by others that is offensive, indecent, or objectionable. Carter Bay does not endorse or have control over the User Content. We make no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site. We assume no responsibility for monitoring any the Site for inappropriate submissions or conduct. We have no obligation to modify or remove any inappropriate User Content. Notwithstanding the foregoing, Carter Bay and has the right to remove any User Content that violates these Terms or is otherwise objectionable, in our sole discretion.
6. Termination / Suspension
You agree that Carter Bay may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site, including any online account hereon, without notice, for any reason in Carter Bay’s sole discretion, including, without limitation, violation of these Terms or Carter Bay’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to Carter Bay, another user, or any third party.
7. Privacy
By accessing and using the Site , you agree to the terms of Carter Bay’s Privacy Policy, which are incorporated into these Terms by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy.
8. Trademarks, Copyright, and Other Proprietary Rights
Carter Bay, or third parties from whom Carter Bay has permission, own the Site and all content that is used on the Site. All proprietary content and materials on the Site including, without limitation, the Site’s layout, organization, design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. These and other graphics, logos, service marks, trademarks, and trade dress of Carter Bay and its licensors may not be used without prior written consent of Carter Bay or its licensor. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms or by written consent of the owner of the proprietary rights.
9. Children’s Privacy
Individuals under the age of 18 (“Minors”) are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on our Site.
10. Third-Party Sites
The Site may contain links to other unrelated websites on the Internet. Carter Bay is not responsible for and has no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms do not apply to such unrelated websites, and you should review the privacy policy and terms of use for any website that you visit. Carter Bay makes no representations or warranties regarding the security of any information you make available to such websites. Carter Bay is not liable for any losses or damages incurred as the result of your business dealings with such third parties.
11. Disclaimer of Warranties
OUR SITE, OUR CONTENT AND OUR SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. CARTER BAY DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARTER BAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR PRODUCTS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, SUITABILITY, OR OTHERWISE. ANY RELIANCE ON SITE CONTENT IS AT YOUR OWN RISK.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, CARTER BAY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SERVICES. CARTER BAY CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES CARTER BAY MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY WEBSITES.
12. Limitation of Liability
TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL CARTER BAY, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS (COLLECTIVELY, THE "CARTER BAY PARTIES") BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR ANY OF ITS CONTENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CARTER BAY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CARTER BAY PARTIES SHALL NOT EXCEED TEN DOLLARS (US $10).
IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE CARTER BAY PARTIES, YOU AGREE TO PROMPTLY NOTIFY CARTER BAY IN ACCORDANCE WITH THE ESCALATING DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 15, BELOW. IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.
13. Indemnification
You agree to indemnify, defend, and hold harmless Carter Bay, its officers, representatives, directors, employees, consultants, third party suppliers, and agents from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to your use of the Site, your use of any material, information, data downloaded or otherwise obtained from the Site, or your violation of these Terms.
14. Notice
Carter Bay may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Carter Bay.
15. Disputes and Interpretation
A. JURY WAIVER/CLASS ACTION WAIVER: YOU AND CARTER BAY ARE AGREEING TO GIVE UP ANY RIGHTS TO LIGITATE CLAIMS BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
B. ESCLATING DISPUTE RESOLUTION PROCESS: Any claim, dispute or controversy (wheteher in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injuctive and equitable claims) between you and us arising from or relating in any way to these terms or your use of the site or services, including any purchase or use of our services or products (a "dispute"), will be resolved using the following escalating dispute resolution process.
- (1) Either party may commence this dispute resolution process by providing written notice (a “Dispute Notification”) to the other party (a) describing the Dispute in reasonable detail, including identification of specific laws upon which such Dispute is based, and (b) requesting a meeting with the other party, which may take place in person, or remotely. Each party shall nominate a representative, who shall meet in good faith to attempt to resolve the Dispute within 30 calendar days (or such longer period as may be agreed between the parties) of a party’s receipt of the Dispute Notification. Any Dispute Notification required to initiate the dispute resolution process hereunder, if sent to us, shall be sent to the following address: Carter Bay LLC [Address] / support@carterbay.com Attention: Legal Department
- (2) If and only if the Dispute is not resolved within 30 calendar days (or such longer period as may be agreed between the parties) of the requested meeting between the party representatives taking place, or, the meeting does not take place within 30 calendar days of a party’s receipt of the Dispute Notification due to the receiving party’s failure or delay (and no failure or delay on the part of the party providing the Dispute Notification), then the party who provided the Dispute Notification may proceed with the Dispute through a court of law.
C. GOVERNING LAW AND VENUE: These Terms are governed by the laws of the State of Illinois, without regard to any conflict of laws provisions. You hereby consent to the exclusive jurisdiction and forum of the federal and state courts located in the state of Illinois for all purposes in connection with any Dispute
D. SEVERABILITY: If any provision of this Section is found unenforceable, the unenforceable provision will be severed and the remaining terms will be enforced; provided, that in the event subsection (A) is found to be unenforceable, all of this Section 15 shall be deemed null and void and of no effect.
16. Entire Agreement
These Terms constitute the entire agreement between you and Carter Bay relating to the subject matter herein, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter
17. Waiver and Severability
Furthermore, no delay or omission by Carter Bay to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Carter Bay. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
18. Electronic Communications
You acknowledge that these Terms are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and any other documentation, agreements, notices, or communications between you and Carter Bay may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.
19. Mobile Devices
Some mobile devices may not be capable of accessing the Site in its entirety. Carter Bay is not responsible or liable for any errors, inaccuracies, faults, or failures arising from your attempts to access any portion of the Site using any mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges imposed by your communications carrier in connection with your use of any mobile device.
20. Force Majeure
Carter Bay shall not be liable to you or any other party for any delay or failure in performance due to events outside of our reasonable control, including without limitation, acts of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, pandemic, fire, flood, earthquake, storm or other like event, disruption or outage of third-party communications facilities or networks, labor strike, delays of common carriers, or any other circumstances beyond our reasonable control
21. Contact
To ask questions or comment about these Terms, we may be contacted at: support@carterbay.com