Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of CHUCKiES New York. The collective work includes works that are licensed to CHUCKiES New York. Copyright 2012, CHUCKiES New York ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with CHUCKiES New York or purchasing CHUCKiES New York products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with CHUCKiES New York or to purchase CHUCKiES New York products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by CHUCKiES New York. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of CHUCKiES New York used in the site are trademarks or registered trademarks of CHUCKiES New York.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, CHUCKiES New York disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. CHUCKiES New York does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. CHUCKiES New York does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
CHUCKiES New York shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if CHUCKiES New York has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a CHUCKiES New York product is mistakenly listed at an incorrect price, CHUCKiES New York reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CHUCKiES New York reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CHUCKiES New York shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by CHUCKiES New York without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
CHUCKiES New York 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 CHUCKiES New York.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, CHUCKiES New York hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by CHUCKiES New York in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
CHUCKiES New York may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and CHUCKiES New York has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify CHUCKiES New York of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CHUCKiES New York or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Miscellaneous; Applicable Law
This site is created and controlled by CHUCKiES New York in the State of New York. As such, the laws of the State of New York, and not the 1980 U.N. Convention on contracts for the international sale of goods, will govern the interpretation and construction of these disclaimers, terms and conditions, your use of this site and any transaction using or related to the site. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of CHUCKiES New York products) shall be in the state or federal courts located in New York, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of CHUCKiES New York products) must be commenced within one (1) year after the claim or cause of action arises. You agree that CHUCKiES New York’s remedy at law for any actual or threatened breach by you of the terms and conditions would be inadequate and that CHUCKiES New York shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that CHUCKiES New York may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, 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.
Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CHUCKiES New York's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right; no instance of waiver by CHUCKiES New York of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver. CHUCKiES New York may assign its rights and duties under this Agreement to any party at any time without notice to you.
CHUCKiES New York does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, CHUCKiES New York is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, CHUCKiES New York reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to CHUCKiES New York in its sole discretion.
You agree to indemnify, defend, and hold harmless CHUCKiES New York, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, CHUCKiES New York may link to sites operated by third parties. However, even if the third party is affiliated with CHUCKiES New York, CHUCKiES New York has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CHUCKiES New York. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, CHUCKiES New York seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of this Agreement as a whole or any remaining provision.