Terms and Conditions
USE OF THE SERVICES; AGE; ERRORS
By using the Site or our other Services you represent and warrant that you are 18 years of age or older. We do not direct the Services to persons under the age of 18. In accordance with the Children’s Online Privacy Protection Act of 1998, we do not solicit or knowingly collect any online information from children under the age of 13. If you become aware that a child has provided us with personal information, please contact us immediately at firstname.lastname@example.org so that we may take steps to remove such information.
Subject to the Terms, we hereby grant you a limited, revocable, non-exclusive right to access and use the Site on your computer or mobile device and to use the other Services and such license is revocable by us, and in our sole discretion, at any time and for any reason. You are prohibited from using, modifying, distributing, broadcasting, transferring, transmitting, uploading, licensing, selling, reverse engineering or creating derivative works from any trademarks or content on the Site. You are also prohibited from using the Site for marketing purposes or to compete with us.
The information on the Site is intended for general informational purposes and should not be relied on as the sole basis for making decisions. We do not guarantee that the information contained on the Site is current, accurate or complete. You rely on the material on the Site at your own risk. The information on the Site does not constitute a binding offer to sell products featured on the Site. We reserve the right to change the contents of the Site at any time and for any reason and shall not have any obligation to update any information contained on the Site.
Although we attempt to display products and their colors as accurately as possible, colors of the products which are actually displayed depend upon computer hardware of the user, and we cannot guarantee that such hardware will accurately display the colors of the products. There is also the possibility that products displayed on the Site may be out-of-stock or discontinued, and the prices which are displayed are also subject to change. We are not responsible for typographical or other errors regarding price or any other matter. The foregoing is, of course, subject to applicable law.
Prices quoted on the Site are denominated in U.S. dollars and are valid and effective only in the United States. You are prohibited from purchasing any item from the Site with the intent to resell it. We reserve the right, in our sole discretion, to accept or decline your order, in part or in total, even after your credit card has been charged and you receive confirmation of your order. If your order is cancelled after your credit card has been charged, a credit will be issued to your credit card account.
USER REVIEWS, PHOTOS & COMMENTS
Anything posted or otherwise submitted to us whether through the Site or in another manner will be treated as public. All such submissions shall automatically become our sole and exclusive property. In addition, when you post photographs, reviews or comments to us or on any of our social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any submitted content without an obligation to pay royalties or other obligation.
By using the Site you agree to be held responsible for any material you submit through the Site and to indemnify us for all claims that result from your submissions. You agree that you shall be held personally liable for all orders placed or charges incurred, prior to your account being terminated. You acknowledge that you may not submit, upload, publish or distribute through the Site any material that could give rise to claims of libel, defamation, fraud, obscenity, or claims of any civil or criminal liability. Further, you agree that anything you submit to vineyard vines shall not violate any right of any third party, including privacy, trademark, copyright, or any other intellectual or other personal right. You agree that you will not submit any material that contains a computer virus, spam or any software or computer code designed to damage, interfere with or mine data from the Site.
INTELLECTUAL PROPERTY RIGHTS
In addition, the Site and its contents are protected by copyright laws. Nothing on the Site shall be construed as granting by implication, estoppel or otherwise, any right or license to use a trademark, service mark or logo featured on the Site without our prior written consent. You acknowledge that you shall not construe anything on the Site as granting any license or right to use any trademark, service mark or logo, either explicitly, implicitly, by estoppel or otherwise. We reserve all rights not expressly granted or relinquished herein in regards to the Site and its content. In addition, you may not use any of CHICK, Inc.’s trademarks or service marks in meta tags without our explicit prior written consent.
We are committed to protecting its intellectual property rights as well as the intellectual property rights of others. To report any infringement of your intellectual property rights on the Site, you can contact us at email@example.com. Your email should include: (1) a description of the infringement; (2) detail of the location of the infringing material on the Site; (3) your name, address, telephone number, email address and other reasonable contact information. PERSONAL INFORMATION.
Customers who access and use the Site from outside of the United States are responsible for complying with their local laws and regulations and acknowledge that the Site operates from servers within the United States and may or may not comply with such laws and regulations.
DISCLAIMER; LIMITATION OF LIABILITY; RISK OF LOSS
THE SITE AND SERVICES ARE PRESENTED ON AN “AS IS” BASIS AND YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. WE RESERVE THE RIGHT TO LIMIT OR RESTRICT YOUR ACCESS TO THE SITE IN ANY WAY AND AT ANY TIME.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE; WARRANTIES THAT THE SITE, THE SERVICES OR THE SITE’S SERVER WILL BE FREE FROM VIRUSES; WARRANTIES THAT INFORMATION ON THE SITE WILL BE TIMELY, COMPLETE OR ACCURATE; AND WARRANTIES THAT THE SITE SHALL BE SECURE AND ERROR FREE.. BY USING THE SERVICES YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL CONSEQUENCES RESULTING FROM YOUR USE OF THE SERVICES. YOU AGREE, ACKNOWLEDGE AND ACCEPT: (A) THAT YOU DID NOT HAVE TO PAY TO USE THE SITE OR THE SERVICES; AND (B) THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR, AFFILIATES, SUPPLIERS AND THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT OR INDIRECT, INCLUDING INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL,CONSEQUENTIAL DAMAGES OR DAMAGES OF ANY KIND ARISING FROM: I) LOSS OF DATA OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM ANY MATERIALS YOU DOWNLOAD FROM THE SITE, YOU DOWNLOAD AT YOUR OWN RISK; II) ANY ACTIONS TAKEN BY US OR WHICH WE FAIL TO TAKE REGARDING COMMUNICATIONS YOU SEND TO US; III) YOUR INABILITY TO USE THE SITE OR THE SERVICES; IV) ANY PRODUCTS, SERVICES OR OTHER INFORMATION OR MATERIALS FEATURED ON THE SITE, OR THE REMOVAL THEREOF; V) OR ANYTHING ARISING OUT OF YOUR USE OF THE SITE OR ANY WEBSITE YOU ACCESS THROUGH THE SITE. WE WILL NOT PROVIDE, AND YOU SHOULD NOT CONSTRUE ANY COMMUNICATION, INFORMATION OR ADVICE OBTAINED THROUGH THE SITE OR THE SERVICES, WHETHER ORAL OR WRITTEN, AS CREATING ANY WARRANTY OF ANY KIND. THE DISCLAIMERS IN THE TERMS ARE VALID ONLY WHERE THEY ARE NOT PROHIBITED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE $100.00.
NEW JERSEY RESIDENTS
No provisions in these Terms should be construed to waive any or disclaim any established legal right of a consumer or any legal responsibility of Chick, Inc. owed to consumers. All provisions of these Terms, including exculpatory provisions disclaiming liability for damages, including indirect, incidental, punitive, exemplary, special or consequential damages, are disclaimed with respect to New Jersey consumers only to the fullest extent permitted by New Jersey law and in no event shall the waivers, disclaimers, or limitations on Chick, Inc.’s liability exceed the limits allowable under the laws of the State of New Jersey. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
You agree to hold harmless, defend and indemnify us and any of our affiliates, officers, directors, employees, agents, licensors, contractors, subcontractors, service providers and suppliers against any and all damages, losses, costs, expenses, liabilities, including any all reasonable court costs and attorneys’ fees which result from any violation of the Terms, a technical problem you experience with the Site, or any issues resulting from your use of the Site or the Services. We reserve the exclusive right, at our own expense, to assume control of the defense of any matter for which you would be held responsible for indemnifying us for any losses incurred. You agree to cooperate with us in regards to the defense of any such matter. Any claim or cause of action you may have with respect to us or the Site or the Services must be commenced within one (1) year after the claim or cause of action arose.
OUTSIDE LINKS; PAYMENT PROCESSING
The Site may contain links to other sites and services on or through the Internet that are owned and operated by third parties, including but not limited to the third party responsible for processing your payments. You acknowledge that we are not responsible for the operation of or content located on or through any such site and such links do not constitute an endorsement of such sites or their content. Please read the terms and conditions applicable to such third party services and sites.
APPLICABLE LAW; DISPUTES; REMEDIES
The laws of the Commonwealth of Massachusetts will govern the Terms. Any dispute relating in any way to your visit to the Site or products purchased on the Site or through the Services shall be submitted to confidential arbitration in Boston, MA, except in regards to issues regarding violations of our intellectual property rights, which we may seek relief from in any state or federal court in the Commonwealth of Massachusetts. By using the Site or the Services, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenes with respect to venue and jurisdiction in the state and federal courts of Massachusetts. By using the Site or the Services you agree that our remedy at law for any actual or threatened breach of the Terms would be inadequate. As such, we shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
If any of the provisions in the Terms are deemed invalid or otherwise unenforceable, that provision shall be deemed severed and shall not affect the enforceability of the remaining provisions.
COPYRIGHT INFRINGEMENT POLICY (DMCA NOTICE)
We respect the intellectual property rights of others and request that you do the same. We will respond to notices of claimed copyright infringement that are properly provided to us and that comply with applicable law. If you believe that your work has been copied in a manner that constitutes copyright infringement, you may notify us at:
153 Main Street #248
North Reading, MA 01864
So that we may properly assist you, the following information is required:
1. A description of the copyrighted work you claim has been infringed;
2. Information reasonably sufficient to locate the material in question on the site;
3. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
6. A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
We suggest that you consult your legal advisor before filing a notice with us, because there may be penalties for false claims.
Please send any questions regarding the Terms to:
153 Main Street #248
North Reading, MA 01864