Privacy Policy

Cubalaya Outfitters respects your privacy and endeavors to keep your personal information safe and secure.  The following terms and conditions set forth our privacy policy (the “Privacy Policy”) and are incorporated by reference into the Agreement.

When you visit or shop on the Website, you may provide information to us directly and we may collect website interaction information through the use of cookies.   The information collected by us includes information that you give us to, for example, make product purchases, request information or communications, register to join the website, email lists, forums, blogs, etc., register for events, participate in promotions, contests or other marketing activities and that information collected may include name, address, city, state, telephone, email, age and gender.  In addition, you will have the opportunity to create a personal shopping account with Cubalaya Outfitters. This account will allow you to expedite your shopping experience and to check on order status and history.  If you opt to create such an account, you authorize Cubalaya Outfitters, to store your name, e-mail address, telephone number, credit card information and shipping and billing addresses.  This is for your convenience only.  The information is not used for any other purpose.

A cookie is a small data file that certain websites write to your hard drive.  A cookie file can contain information such as a user ID that the site uses to track the pages you visit, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.  Some parts of this site use cookies to track user traffic patterns and/or to provide access to shopping online and an online shopping cart.   Cubalaya Outfitters does not share this information or sell it to any third party.

If you prefer not to receive cookies from the Website, you can set your browser to warn you before accepting cookies and refuse the cookie when you receive a notice from your browser. You can also refuse all cookies by turning them off in your browser.  You do not need to have cookies turned on to browse the website; however, you will not be able to shop our online store without receiving a cookie.
Cubalaya Outfitters uses identifying information in order to personalize your experience on the Website and make your experience better and more convenient.  We also use this information to send you communications that you consent to receive, either electronically or otherwise, and for purposes of online shopping in accordance with this Privacy Policy.

Cubalaya Outfitters does not make identifying information available to third parties, including business partners, for marketing purposes without your affirmative consent to the sharing of such information; however, we may transfer collected information to third party contracted service providers who use that information only to conduct Cubalaya Outfitters business.  For example, a third party may handle Cubalaya Outfitters’ credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management.

We may disclose specific information when required by law, regulation or government agency including law enforcement.  We may share information to prevent illegal uses of the Website or violations of the terms of use, or defend ourselves against third-party claims.  We may also share information with companies assisting in fraud protection, counterfeiting or investigation.

We do not knowingly collect or solicit personal information from children under 13 without the receipt of parental consent.
You acknowledge that this Privacy Policy is part of the Agreement, and you agree that using this site signifies your assent to the Agreement and this Privacy Policy.   Cubalaya Outfitters reserves the right to change this Privacy Policy at any time without advanced notice.  When the Privacy Policy is changed, we will post those changes on this page.

Terms & Conditions

You are visiting a website (the “Website”) that is property of Heard Design, LLC d/b/a Cubalaya Outfitters, and/or its affiliates or subsidiaries (collectively, “Cubalaya Outfitters”). The following terms and conditions of use (the “Agreement”) govern your use of the Website and its Contents, as defined below.

Please be advised that your use of the Website constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify the Agreement at any time without prior notice. If you do not agree to all of the terms and conditions set forth herein, do not use the Website.

Intellectual Property

Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”) are owned, controlled or licensed by Cubalaya Outfitters and are protected by copyright, trade mark and applicable intellectual property and common law rights. Except for the rights specifically granted by this Agreement, the Website or its Contents cannot be used, copied, licensed or sub-licensed for any purpose without the express written consent of Cubalaya Outfitters.

Cubalaya Outfitters respects the intellectual property of others. If you believe that intellectual property owned by you or a third party has been copied or used on the Website in any way that constitutes copyright infringement or infringement of other applicable intellectual property law, please contact Cubalaya Outfitters’ General Counsel, our agent for notification of claims, at the address below, providing all relevant information.

Attributions

Please note the below intellectual property used by Cubalaya Outfitters but belonging to entities other than Cubalaya Outfitters.

Site Usage and Contents

The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal informational use only. No right, title or interest in any downloaded Contents is transferred to you as a result of any such downloading or copying or any other use of the Website. You may not reproduce (except as specifically set forth herein), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.

Cubalaya Outfitters makes reasonable effort to ensure that the Contents of the Website are accurate and free from errors. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions including, but not limited to, those related to product descriptions, pricing, promotions, offers, and availability. Cubalaya Outfitters makes no representations or warranties as to the accuracy or completeness of any of the Contents including without limitation, the availability, quality or price of any products included on the Website or otherwise referred to in the Contents.

Cubalaya Outfitters makes every effort to display the colors of our products as accurately as possible on the Website. Please be advised that Cubalaya Outfitters cannot guarantee that your computer monitor’s display of any color will be accurate.

The Website may contain links to other websites and may on occasion display content or information from websites owned by third parties. Cubalaya Outfitters is in no way responsible for any third party website or its content or information. Any such links are accessed at the user’s absolute discretion and risk.

Liability and Indemnity

UNDER NO CIRCUMSTANCES SHALL Cubalaya Outfitters BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HOWLER BROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

You agree to indemnify and hold Cubalaya Outfitters, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Website, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Privacy

Your use of the Website and the collection and submission of personal information through the Website is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link below (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Transactions

Cubalaya Outfitters, in its sole discretion, reserves the right to refuse any order placed with us or limit quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Governing Law / Miscellaneous Terms

This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Texas, County of Travis and/or the Western District of the State of Texas. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Cubalaya Outfitters’ right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Website and its Contents.