Last Updated: December 19, 2017
1. Your Consent and Use of the Website
As our business changes from time to time, this Agreement may likewise change. We reserve the right to change or modify the terms and conditions that govern your use of the Website, Services and this Agreement at any time as provided herein, with or without notice to you, at our discretion. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website to see the current Agreement in effect and any changes that may have been made to it. Your use of the Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may terminate your right to and deny you access to the Website, or remove any material you have posted at the Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, CHICCARTEL undertakes no obligation to police, supervise, or monitor materials posted to the Website by you or other third parties.
Any access to or use of the Website by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Website or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website and this Agreement. By using the Website or Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Geographic Restrictions
We provide the Website for use by persons located in the United States. We make no claims that the Website or Services are accessible or appropriate outside of the United States. Those who choose to access the Website or Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable including, without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside or access the Website from.
3. Prohibited Uses
CHICCARTEL imposes certain restrictions on your permissible use of the Website and Services. You are prohibited from violating or attempting to violate any security features of the Website and Services including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) using the Website or Services to send unsolicited email including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using the Website or Services; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CHICCARTEL in providing the Website or Services; or (g) engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which, as determined by us, may harm CHICCARTEL or users of the Website or Services. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use "bots," spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and Services and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Website or Services. You may not data mine the Website or in any way cause harm to the Website or Services.
4. Website Content and Intellectual Property Rights
Unless otherwise noted, the design of the Website, the Website as a whole, and all materials that are part of the Website and Services (collectively, "Content") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by CHICCARTEL or its subsidiaries and affiliates. You acknowledge and agree that any Content used in connection with the Website or Services, including any software accessible through the Website or Services, contains CHICCARTEL's proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. This Agreement does not limit any rights that CHICCARTEL may have under trademark, trade secret, copyright, patent or other laws.
No right, title or interest in any of the information, material, or other Content of the Website or Services is granted to you under any circumstances, and CHICCARTEL reserves and retains all intellectual property rights in and to the Website, Services and their Content. Linking or framing to the Website or any of its Content is prohibited without the prior written permission of CHICCARTEL.
Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Website or Services. Unauthorized use or copying (including electronic copying or downloading) of the Website, Services and Content without CHICCARTEL's express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on the Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
6. Disclaimer of Warranties and Limitation of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL USE OF THE WEBSITE AND SERVICES, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES CONTAINED AT OR PROVIDED THROUGH OR PURCHASED FROM THE WEBSITE OR SERVICES, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED AT OR PROVIDED THROUGH THE WEBSITE OR SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF THE WEBSITE AND SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES IS AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THE WEBSITE AND SERVICES.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THE WEBSITE AND SERVICES IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED ON THE WEBSITE OR SERVICES. LIKEWISE, CHICCARTEL DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO ON THE WEBSITE OR SERVICES, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES. CHICCARTEL IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL CHICCARTEL OR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, DISTRIBUTORS, VENDORS, ATTORNEYS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, OR ANY MATERIALS ON THE WEBSITE OR SERVICES, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.
THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF CHICCARTEL. CHICCARTEL IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF CHICCARTEL FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THE WEBSITE OR SERVICES, OR OTHERWISE RELATING TO YOUR USE OF THE WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO CHICCARTEL FOR USE OF THE WEBSITE, PRODUCTS OR SERVICES. BY USING ANY PRODUCT(S), YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ANY POTENTIAL EFFECTS, PROPER HANDLING AND PROPER USAGE OF SUCH PRODUCT(S), AND YOU ACKNOWLEDGE AND ASSUME ANY RISKS THAT MAY COME THEREWITH.
WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CHICCARTEL NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH CHICCARTEL IS TO DISCONTINUE YOUR USE OF THE SITE.
7. Release and Indemnification
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE CHICCARTEL AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, DISTRIBUTORS, VENDORS, ATTORNEYS AND AFFILIATES (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE THE WEBSITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO THE WEBSITE OR SERVICES, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
8. Choice of Law, Arbitration, and Venue
This Agreement and any claim or controversy relating to or arising from the use of the Website or Services, including, but not limited to, any transactions made or entered into at the Website or Services, any information, content, products, services or promotions herein contained or provided from the Website or Services, or any functionality, software or programming contained or provided at or from the Website or Services (hereafter, "Claims"), shall be governed by the laws of the State of New York without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.
YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in New York, New York. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Supreme Court of the State of New York. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the relevant court located in New York County, New York or the United States District Court for the Southern District of New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
BY USING THE WEBSITE OR SERVICES IN ANY MANNER, YOU AGREE TO THE TERMS OF THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CHICARTEL WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
9. Electronic Communications
When you use the Website or send emails to CHICCARTEL, you are communicating with CHICCARTEL electronically. You consent to receive electronically any communications related to your use of this Website. CHICCARTEL will communicate with you by email or by posting notices on this Website. 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 CHICCARTEL intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the CHICCARTEL Websites.
10. Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials
As a user of the Website and Services, you may be able to post content on the Website or Services or on CHICCARTEL's blog or social media pages, including, without limitation, by providing testimonials or reviews, leaving comments, uploading pictures or videos, etc. You are solely responsible for the content you upload, publish, display, post or transmit to other users. However, CHICCARTEL reserves the right to redact, block or remove any communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark or other intellectual property rights, (d) in violation of any law, regulation or this Agreement, or (e) offensive or otherwise unacceptable to CHICCARTEL in its sole discretion. CHICCARTEL reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display or placed on the Website or Services or on CHICCARTEL's blog or social media pages, in its sole discretion, without notice. If at any time CHICCARTEL chooses, in its sole discretion, to monitor the content, CHICCARTEL nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. You agree that CHICCARTEL shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from the Website or restrict access to material that it or any user considers to be obscene, lewd, lascivious, discriminatory, violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
Your submission of such information and material shall further constitute an assignment to CHICCARTEL of all worldwide rights, titles and interests in the information and materials without payment of any compensation. By posting content to any public area of the Website, Services, or CHICCARTEL's blog or social media pages or accounts, you automatically grant and represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, "Posted Content") at or through the Website, Services or on CHICCARTEL's blog or social media pages or accounts, you represent, warrant, and agree that any such Posted Content:
· Is not defamatory, obscene, indecent, abusive, harassing, offensive, profane, violent, hateful, inflammatory or otherwise in violation of any law or right of any third party.
· Is not false, inaccurate, deceptive, misleading, or fraudulent.
· Does not promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
· Does not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, publicity and privacy rights, unfair competition, anti-discrimination or false advertising).
· Does not contain any personal identifying information of any person other than you.
· Does not cause annoyance, inconvenience or needless anxiety and is not likely to upset, embarrass, alarm or annoy any other person.
· Does not impersonate any person or misrepresent your identity or affiliation with any person or organization.
· Does not involve unauthorized commercial activities or sales, such as contests, sweepstakes or other sales promotions, bartering or advertising.
· Does not give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.
· Does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, "flooding," "spamming," "mail bombing" or "crashing" the Website, Services or any system, or any mechanism intended to send unsolicited e-mail including, without limitation, promotions, or advertisements for products or services.
· Shall become and be the property of CHICCARTEL with the full and unrestricted right of CHICCARTEL to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use, or delete or remove, such Posted Content, in each case without compensation to you.
11. Copyright/ DMCA Notice and Procedure
If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated Copyright Agent:
C/O CHICCARTEL LLC, Legal Department
Please note that you may be liable for damages (including costs and attorneys' fees) if you misrepresent that content is infringing.
Your notification must include the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CHICCARTEL to locate the material.
· Information reasonably sufficient to permit CHICCARTEL to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· Only DMCA notices should go to the CHICCARTEL Copyright Agent designated above. Communications regarding other matters directed to that address or DMCA notices that do not comply with the requirements of the DMCA may be ignored.
13. Account Termination
CHICCARTEL may, in appropriate circumstances, terminate an account holder or user of the Website or Services if he or she is a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact CHICCARTEL's DMCA Copyright Agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.
14. Termination of Agreement and Denial of Access
This Agreement is effective unless and until terminated by CHICCARTEL. If, in CHICCARTEL's sole discretion, you fail to comply with any term or provision of this Agreement, CHICCARTEL may terminate your access to or use of the Website or Services. In the event of termination or denial of access by CHICCARTEL, you are no longer authorized to access the Website or Services, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force and effect to the fullest extent allowed under applicable laws.
15. Third Party Links
The Website may include links to other Internet sites maintained by third parties ("Linked Sites"). CHICCARTEL provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by CHICCARTEL of the Linked Sites. You access Linked Sites at your own risk, and by accessing them, you leave the Website. Linked Sites are not under the control of CHICCARTEL and CHICCARTEL is not responsible for the content of any Linked Sites.
16. Modifications to the Website or Services
CHICCARTEL reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and Services (or any part thereof) with or without notice to you in our sole discretion. You agree that CHICCARTEL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and Services.
17. Your Account Information, Password and Security
In the course of your use of the Website or Services, we may ask you for certain information, including your name, email address, phone number, mailing address, billing address, shipping address, and payment card information (collectively, "Account Information"). If you open an account or commence any transaction of business at or on the Website, you may be required to complete the registration process by providing certain additional information and registering a username and password. Your Account Information must be up-to-date and accurate at all times. Should your information change, you must update it in your user profile. You agree that you are solely responsible for the accuracy and content of your Account Information. You are further responsible for maintaining the confidentiality of your username and password and also for all activities that take place under your username and/or account. You agree to: (a) immediately notify us of any unauthorized use of your username, password and/or account, or any other breach of security; and (b) ensure that you log out of your account at the end of each Website session. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will CHICCARTEL be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password or your failure to comply with this section. You may not use another person's username or account at any time without the express permission of the account holder. We reserve the right to deny registration of any account at our discretion and to terminate your access to all or any part of the Website and Services if you provide inaccurate, false or misleading information in connection with your account.
18. Product Images, Content and Specifications
All features, content, specifications, products and prices of products described at or depicted on the Website and Services are subject to change at any time without notice. All product descriptions are approximate, provided for convenience only and may be subject to substitutions where indicated. We make all commercially reasonable efforts to accurately display the attributes of our products, including their respective sizes and colors; however, the actual size, color and other attributes you see may vary and will depend on your computer system, and as such we cannot guarantee that your computer will accurately display such attributes. While CHICCARTEL attempts to be as accurate as possible in its product descriptions on the Website and Services, CHICCARTEL does not warrant that product descriptions or other Content is accurate, complete, reliable, current or error-free. If a product offered by CHICCARTEL is not as described, your sole remedy is to return it in unused condition pursuant to CHICCARTEL's Return Policy, citing the reasons the product is not as described.
19. Transactions on the Website
You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. CHICCARTEL reserves the right to refuse any order you place with us in violation of this section or this Agreement. For example, we reserve the right to limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or unauthorized distributors or wholesalers. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per payment method, per billing and/or shipping address or per order. In the event we modify or cancel an order, we will attempt to notify you by using the e-mail, billing address or phone number provided at the time the order was placed.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws with respect to the possession and use of any item purchased from the Website. By placing an order, you represent and warrant that the products ordered will be used only in a lawful manner.
20. Return Policy
CHICCARTEL's Return Policy is accessible here and is incorporated into this Agreement in its entirety. Such Return Policy may change from time to time.
21. Shipping Policy and Risk of Loss
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is valid and compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the third party carrier. You are responsible for filing any claims with the applicable carrier for any damaged and/or lost shipments.
22. Eligibility to Order/Purchase
To place an order on the Website, you must be at least 18 years of age and abide by all applicable local, state, federal and international laws and regulations.
· Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
· Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between CHICCARTEL and you or any other person or entity.
· Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches.
· This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between CHICCARTEL and you with respect to use of the Website and Services and supersedes any and all prior agreements and understandings between you with respect to the subject matter addressed herein.
· This Agreement is binding on CHICCARTEL and you and on each of your successors and assigns.
· If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.
24. How to contact us