Miscellaneous Terms Of Use
Charles and Marie Terms of Service
By using the Charles and Marie Services (as defined below) which are owned and operated by Charles and Marie Inc. ("C&M") and by accessing the Charles and Marie Site located at http://www.CharlesandMarie.com, and all linked pages owned and operated by Charles and Marie (the "Charles and Marie Site"), you agree to be bound by these Terms of Service (this "Agreement").
Eligibility:
You must be 18 or over to register as a member of Charles and Marie or use the Charles and Marie Site and Charles and Marie Services. Membership in the Charles and Marie Service is void where prohibited by applicable law, and the right to access the Charles and Marie Site is revoked in such jurisdictions. By using the Charles and Marie Site and/or Charles and Marie 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. Changes to the Agreement or the Charles and Marie Services. You agree and understand that this Agreement, the Charles and Marie Site and the Charles and Marie Services may be modified by Charles and Marie at any time without prior notice, and such modifications will be effective upon Charles and Marie's posting of the new terms and/or upon implementation of the new changes on the Charles and Marie Site.
Links:
We may provide links to external websites or resources for your convenience and reference only. We do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against us arising out of your use of external websites or resources.
Registration and Security:
You may be required to register with Charles and Marie in certain circumstances and to select a password and user name, which shall consist of an email address you own and use ("User ID"). If you register you agree to provide Charles and Marie with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Charles and Marie reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
Use of the Site/Services by Members:
You may search the Charles and Marie database for reviews of products. You may purchase products in accordance with the terms of sale. You may invite people you know to join Charles and Marie. You may download or copy the portions of the content, and other items displayed on the Charles and Marie Site, for your own use, provided that you maintain all copyright and other notices contained in such content.
Restrictions on Rights to Use:
You shall not (and you agree not to allow any third party to): modify, adapt, translate, or reverse engineer any portion of the Charles and Marie Site and/or Charles and Marie Service; remove any copyright, trademark or other proprietary rights notices contained in or on the Charles and Marie Site and/or Charles and Marie Service; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Charles and Marie Site and/or Charles and Marie Service; collect any information about other users or members (including usernames and/or email addresses) for any purpose; reformatting or framing any portion of the web pages that are part of the Charles and Marie Site and/or Charles and Marie Service; create user accounts by automated means or under false or fraudulent pretenses; create or transmit unwanted electronic communications such as "spam," to other users or members of the Charles and Marie Site and/or Charles and Marie Service or otherwise interfere with other user's or member's enjoyment of the Charles and Marie Site and/or Charles and Marie Service; submit any third party materials or content without such third party's prior written consent; submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Charles and Marie; submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party; transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use of the Charles and Marie Site or Charles and Marie Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; copy or store any content offered on the Charles and Marie Site for other than your own use; submit content or materials that are unlawful or promote or encourage illegal activity; or submit false or misleading information to Charles and Marie.
Content Posted By You on the Charles and Marie Site:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You understand and agree that Charles and Marie may review and delete any content that in the sole judgment of Charles and Marie violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other users or members of the Charles and Marie Site and/or other website users. Use of the Charles and Marie Site and/or the Charles and Marie Service is also governed by our Privacy Policy. Term. This Agreement will remain in full force and effect while you use the Charles and Marie Site and/or Charles and Marie Services. Either Party may terminate this Agreement for any reason, at any time. Sections 1, 2, 6, 7, 8, 9, 10, 11, 12, 13, and 14 shall survive any termination or expiration of this Agreement.
Rights in Content on Charles and Marie:
Charles and Marie and its licensor's own and retain all proprietary rights in the Charles and Marie Site, the Charles and Marie Services, and all associated software, content and material. The Charles and Marie Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, and/or materials available on the Charles and Marie Site, or Charles and Marie Services in whole or in part. Except as expressly and unambiguously provided herein, Charles and Marie and its suppliers do not grant you any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights.
Correction of Errors and Inaccuracies:
The information on this site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). All pictures are for illustration purposes. Please note that such errors, inaccuracies or omissions may relate to product description, product picture, pricing and availability. We apologize for any inconvenience this may cause you.
Errors & Omissions:
In the event a product is listed at an incorrect price due to an error, C&M reserves the right to refuse or cancel any order placed for products listed at the incorrect price. C&M shall have the right to refuse or cancel any such order 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 canceled, C&M shall issue a credit refund to your credit card account in the amount of the incorrect price and the product order will be cancelled.
Disclaimer:
THE CHARLES AND MARIE SITE IS PROVIDED BY CHARLES AND MARIE ON AN "AS IS" BASIS. CHARLES AND MARIE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE CHARLES AND MARIE SITE OR IN ASSOCIATION WITH THE CHARLES AND MARIE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHARLES AND MARIE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHARLES AND MARIE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE CHARLES AND MARIE SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CHARLES AND MARIE IS NOT RESPOSIBLE FOR THE CONDUCT, OF ANY USER OF THE CHARLES AND MARIE SITE. THE CHARLES AND MARIE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CHARLES AND MARIE OR THROUGH OR FROM THE CHARLES AND MARIE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation on Liability:
CHARLES AND MARIE AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHARLES AND MARIE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CHARLES AND MARIE FOR THE CHARLES AND MARIE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Indemnity:
You agree to indemnify and hold Charles and Marie, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of Your access to the Charles and Marie Site, use of the Charles and Marie Services, the violation of this Agreement by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.
Third Party Content Providers:
With respect to any content marked as content obtained from or belonging to Acxiom, the following applies: This information is proprietary to Acxiom Corporation and is protected under U.S. copyright laws and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such Acxiom information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information.
Miscellaneous:
If there is any dispute about or involving the Charles and Marie Site and/or the Charles and Marie Service, by using the Charles and Marie Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Charles and Marie in any respect whatsoever. This Agreement, accepted upon use of the Charles and Marie Site, contains the entire agreement between you and Charles and Marie regarding the use of the Charles and Marie Site and/or the Charles and Marie Service. The failure of Charles and Marie to exercise or enforce any right or provision of these Terms of Charles and Marie Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Charles and Marie shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Charles and Marie's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Charles and Marie's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. This Agreement includes Charles and Marie's acceptable use policy for content posted on the Charles and Marie Site, Charles and Marie's Privacy Policy, and any notices regarding the Charles and Marie Site.
Please contact us with any questions regarding this agreement. Charles and Marie is a service mark of Charles & Marie Inc. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Our Address: Charles & Marie, Inc. 864 Bransten Rd, San Carlos, CA 94070, www.CharlesAndMarie.com
Loading...