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Terms of Use
| 1、Introduction |
| Our websites, topclearbag.com (collectively, our "Websites"), are owned and operated by ClearWorld (collectively, "we," "us," or "our"). We provide our Websites and corresponding features to you subject to the following Terms and Conditions of Website Use (these "Terms of Use"). If you visit or shop at our Websites, you accept these conditions. Please read them carefully. |
| ClearWorld reserves the right to change these Terms of Use, and all other policies governing our Websites, privacy, and usage, at any time. We will alert you to these changes by noting the date that these Terms of Use, and all other policies governing our Websites, privacy, and usage, were last updated. Your continued use of our Websites following the posting of changes means that you accept such changes. It is your responsibility to check these Terms of Use, and all other policies governing our Websites, privacy, and usage, each time you use our Websites, so that you can take note of any changes we may make. Any changes apply only from the date on which they are reflected in these Terms of Use or other policies governing our Websites, privacy, and usage. |
| 2. Accounts |
| Our Websites allow you to place orders quickly and easily by setting up a password-protected account. If you create an account, you are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, username, or password. Your use of the registration process on our Websites is personal to you and is not transferable. You agree to (a) provide true, accurate, current, and complete registration information about yourself on all forms you complete; and (b) maintain and update this information to keep it true, accurate, current, and complete; and (c) immediately notify ClearWorld of any suspected unauthorized use of your account, username, or password. |
| 3. Ordering |
| When you place an order on our Websites, ClearWorld will not charge you for your order until we receive authorization for your payment method. ClearWorld reserves the right, at any time after receipt of your order, to accept, decline, or cancel your order, or any portion thereof, even after your receipt of order confirmation. We also reserve the right, at our sole discretion, to limit the number of items ordered, refuse service to any customer, terminate accounts, remove or edit content, and/or prohibit sales to dealers. Some situations where we may cancel your order include inaccuracies or errors in product or pricing information, limited quantities, or problems with the chosen payment mechanism. In certain circumstances, we may require additional information or need to verify the information before accepting your order. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. |
| 4. Pricing |
| All prices, features, content, and specifications listed on our Websites for products or services are subject to change at any time without notice. ClearWorld strives to provide the most accurate pricing and product information possible. In spite of such efforts, however, pricing and product information errors on our Websites may occur. You agree that ClearWorld shall not be responsible for any such pricing or product information errors. ClearWorld cannot confirm the accuracy of the price of an item until after ClearWorld has processed and completed your order. If an item is listed at an incorrect price, ClearWorld shall have the right to refuse or cancel any orders placed for that item. In no case will ClearWorld charge you more than the listed price for an item without your consent. Please note that sometimes a price of an item online may not match the price in our retail stores, and ClearWorld reserves the right to maintain different prices for items offered for sale through different channels. |
| 5. Payment |
| ClearWorld reserves the right to change accepted payment methods at any time without notice. |
| 6. Risk of Loss |
| All purchases from our Websites are made according to a shipping contract, which means that the risk of loss and title for such purchases pass to you upon our delivery to the carrier designated for shipment. |
| 7. Returns |
| ClearWorld is committed to customer satisfaction and keeping our prices low every day, and our return policy reflects this commitment. Our complete return policy is available online at topclearbag.com. |
| 8. Website Access |
| ClearWorld grants you a limited license to access and make personal use of our Websites, but not to download (other than page caching) or modify it, or any portion of it, without the express written consent of ClearWorld. This license does not include any resale or commercial use of our Websites or their contents; any collection and use of any product listings, descriptions, photos, or prices; any derivative use of our Websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Our Websites or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of ClearWorld. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ClearWorld, or use any meta tags or any other "hidden text" using ClearWorld's name or trademarks, without the express written consent of ClearWorld. Any unauthorized use terminates the permission or license granted by ClearWorld. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Websites, so long as the link does not portray ClearWorld, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ClearWorld logo or other proprietary graphic or trademark as part of the link without the express written consent of ClearWorld. |
| By using our Websites, you certify that you are at least 18 years of age. If you are under the age of 18, you may use our Websites only with the permission of your parent or guardian who agrees to be bound by these Terms of Use and is responsible for your actions. If you are a parent or guardian, you are responsible for the use of our Websites by your child, including all purchases made by such child. ClearWorld does not knowingly collect personal information about children under the age of 13 without prior parental consent of such collection of personal information. |
| You agree that you will not do any of the following in connection with your use of our Websites: (a) fail to follow these Terms of Use; (b) abuse your Website privileges; (c) misrepresent personal information that is provided to ClearWorld by you or anyone else acting on your behalf; (d) act in a manner inconsistent with or in violation of any applicable local, state, federal or other applicable U.S. or foreign law, statute, regulation, directive or ordinance; (e) do anything detrimental to the interests of ClearWorld; (f) use, or attempt to use, any part of our Websites for purposes such as, by way of example and not limitation, tampering, hacking, spoofing, using robots or scripts, or otherwise corrupting the administration, security, or proper function of any part of our Websites; (g) reverse-engineer, decompile, disassemble or otherwise alter our Websites or otherwise attempt to discover the source code or structural framework thereto; (h) access or attempt to access any part of our Websites for which you do not have authorization; (i) do anything which would create or impose an unreasonable or disproportionately large burden or load on ClearWorld; (j) frame or link to our Websites except as permitted in writing by ClearWorld; or (k) interfere with or disrupt our Websites or servers or networks connected to our Websites, or disobey any requirements, procedures, policies or regulations of our Websites. |
| ClearWorld reserves the right at any time and from time to time to add, change, discontinue, remove or suspend any other content displayed on our Websites, including features and specifications of products and services described or depicted on our Websites, temporarily or permanently, at any time, with or without notice. You agree that ClearWorld shall not be liable to you or any third party for any modification, suspension, or discontinuance of our Websites. |
| 9. Third-Party Links and References |
| Our Websites may contain links or references to names, marks, products or services of third parties, or links to other websites on the Internet that are owned and operated by third parties. Such references and/or links are provided solely as a convenience to you and do not in any way constitute or imply ClearWorld's endorsement, sponsorship or recommendation of the third party or its information, products or services. If you use these references or links, you may leave our Websites and you do so entirely at your own risk. ClearWorld is not responsible for and does not make any representations regarding any third party's products, services, practices, policies, or website content. |
| 10. Information Ownership and Accuracy |
| Any information communicated to ClearWorld through the use of our Websites, including but not limited to notes on message boards, suggestions, ideas, e-mails, or other similar content (collectively "User Generated Content") becomes the property of ClearWorld. Other than personal or financial information submitted by a user, ClearWorld is entitled to use any User-Generated Content without restriction or compensation to the person submitting the information. |
| ClearWorld is not responsible for monitoring any message boards, chat rooms, customized gift messages, or on-line forums that appear on our Websites, and ClearWorld reserves the right to remove or edit, in whole or in part, any material we deem objectionable, offensive or inappropriate at any time. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, inflammatory, discriminatory, harassing, pornographic, profane, racially-derogatory, ethnically-derogatory or otherwise objectionable material of any kind or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law. ClearWorld assumes no responsibility or liability arising from User Generated Content, including any claims of defamation, error, omission, inaccuracy, obscenity, pornography, profanity or danger. |
| Information on our Websites includes products, services, and content that is available in or applicable to the United States and is in compliance with U.S. laws only. If our Websites are accessed from outside the United States, the user is responsible for compliance with all applicable local laws. |
| 11. Privacy |
| Our Privacy Policy governs your visit to and use of our Websites and all interactions with ClearWorld involving personal information, and it is located at topclearbag.com. |
| 12. Security |
| ClearWorld takes reasonable precautions to protect the sensitive and personal information submitted by users of our Websites. For example, to protect your sensitive financial information, we encrypt your financial card information using the industry-standard Secure Socket Layer (SSL) technology, thereby securing the transmission of such information over the Internet between your computer and the servers we use to process your order. ClearWorld also has satisfied its requirements under the Payment Card Industry ("PCI") security standards, which protects your credit card information by ensuring that it is processed, stored, and transmitted in a secure manner. We use your personal information to fulfill your orders and requests, and we do not retain your credit card information. We currently use a third-party processor for credit card information, so you provide your information directly to that processor, not to us. You can find more information on security in ClearWorld's Privacy Policy located at topclearbag.com. |
| 13. Product Descriptions |
| ClearWorld attempts to be as accurate as possible in describing its products and services. In so doing, however, ClearWorld does not warrant that product descriptions or other content of our Websites are accurate, complete, reliable, current, or error-free. If a product or service offered by ClearWorld is not as described, your sole remedy is to return it under the Return Policy. |
| 14. Indemnification |
| You agree, at your own expense, to indemnify, defend and hold harmless ClearWorld and its parents from and against any third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys' fees) arising from or relating to (a) your failure to comply with these Terms of Use, including any restrictions or prohibitions specified above or any other restrictions related to the products you have purchased; (b) your infringement or violation of any intellectual property or other right of a third party; or (c) your violation of any applicable law or regulation, including those applicable to the products or services sold by ClearWorld. |
| 15. Disclaimer of Warranties and Limitation of Liability |
| Our Websites Are Provided On An "As Is" And "As Available" Basis. Clearworld Makes No Representations Or Warranties Of Any Kind, Express Or Implied, As To The Operation Of Our Websites Or The Information, Contents, Materials, Products, Or Services Included On Our Websites. |
| To The Maximum Extent Permitted By Law, Clearworld Disclaims All Warranties, Express Or Implied, Including But Not Limited To Implied Warranties Of Merchantability And Fitness For A Particular Purpose. Clearworld Does Not Warrant That Our Websites, Their Servers, Or E-Mail Sent From Clearworld Are Free Of Viruses Or Other Harmful Components. Clearworld Assumes No Responsibility And Shall Not Be Liable For Any Damages To, Or Viruses That May Infect, Your Computer Equipment Or Other Property Due To Your Access To, Use Of, Or Browsing In Our Websites Or Your Downloading Of Any Materials From Our Websites. |
| Clearworld Shall Not Be Liable For Any Direct, Indirect, Incidental, Punitive, Special Or Consequential Damages Resulting From The Use Of, Or The Inability To Use, Our Websites, Materials On Our Websites, Or The Products Or Services Offered By Clearworld Or On Our Websites. Some States Do Not Allow Limitations On Implied Warranties Or The Exclusion Of Certain Damages, The Above Limitations May Not Apply To You. In No Event Shall Clearworld'S Total Liability To You For All Damages, Losses, And Causes Of Action (Whether In Contract, Tort (Including But Not Limited To Negligence) Or Otherwise) Exceed The Amount Paid By You, If Any, For Accessing Our Websites. |
| For Warranties On Products, Please Refer To Product(S) Product Packaging, And Product-Specific Pages On Our Websites. Except As Stated Herein, Clearworld Makes No Implied Warranties. |
| 16. Trademarks |
| All trademarks, logos, service marks, and trade names are the property of ClearWorld or other respective owners that have granted ClearWorld the right and license to use such marks. Use of these marks without the written consent of ClearWorld or the owner of the mark is expressly prohibited. |
| 18. Applicable Law |
| Your use of our Websites shall be governed in all respects by the laws of the State of Texas without regard to choice of laws provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site shall be in the state or federal courts located in Harris County, Texas. Any cause of action you may have concerning the Site must be commenced within one year after the cause of action arises. |
| If any provision of these Terms of Use shall be unlawful, void, or for any reason was unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, as well as any other written policies referenced herein or posted on our Websites, represent the entire agreement between ClearWorld and you relating to the subject matter herein. ClearWorld reserves the right to make changes to our Websites, policies, and these Terms of Use at any time. |
| 19. Class Action Waiver |
| PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. |
| ClearWorld and you agree that ClearWorld and you will resolve any disputes, claims or controversies ("Claims") on an individual basis and that any Claims brought under these Terms of Use in connection with our Websites or any ClearWorld product will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. ClearWorld and you further agree that ClearWorld and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with our Websites. |
| As outlined in SECTION 18 above, ClearWorld and you agree that all Claims must be litigated in the state or federal courts located in Harris County, Texas. |
| The terms of this provision will also apply to any Claim asserted by you against any parent or affiliated company of ClearWorld to the extent that any such Claims arise out of your access to, and/or use of our Websites, and/or the provision of content, services, and/or technology on or through our Websites. |
| 20. Limited Time to File Claims |
| You and ClearWorld agree that any Claim arising out of your use of any ClearWorld Website or application or claim regarding any ClearWorld product will be asserted within one (1) year after the claim arises, or such Claim will be barred. |
| 21. Exclusions and Limitations; Consumer Protection Notice |
| If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. |
| If you are a New Jersey resident or otherwise have rights under New Jersey's consumer protection laws, the terms of Sections 8, 9, 10, 14, 15, 18, 19, and 20 do not limit or waive your rights under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, ClearWorld reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your state of residence. |
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