Terms and Conditions[/vc_column][/vc_row][vc_row][vc_column width=”1/1″][vc_column_text]In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Customer”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to provide our products to our customers. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The trademarks, logos, and service marks on our Website are the registered and unregistered ownership of Chemisettes by Anne and Making A Life LLC. They are protected by US trademark and copyright laws. No portion of this website may be, in full or in part, modified, duplicated, used, sold, or in any way exploited for any purpose without our prior written consent.
You may copy and print hard copies of pages from this website solely for personal, non-commercial purposes. Such purposes would include placing an order or telling a friend about our products. Any other use of this website or its content is strictly prohibited unless you provide written permission from us in advance. You may NOT download or modify any portion of this website (except web caching for easier personal use), create any other type of work based on any portion of this website, use any type of html, meta tags or other, utilizing our names or trademarks, or use any technological tools to extract information from our website. Referring links to our website does not imply our endorsement of those referring websites nor their content, products, or services. Use of links to our website is prohibited on sites that contain any content that we deem offensive, obscene, distasteful, controversial or only appropriate for adults. Referring websites may not misrepresent their relationship with us and may not represent our products or our company in a derogatory, offensive, misleading or false way. They may not use our trademark without receiving our prior written permission. We reserve the right at any time to request that you remove any links to our website. Upon receipt of our request, you will be required to remove those links immediately. Failure to comply to these permissions will result in legal action.
Third Party Use
If you are accessing and using our website on behalf of a third party, you agree to abide by all terms and conditions, on their behalf.
Accuracy of Information
We strive to provide current, accurate, and complete information on our website. This includes but is not limited to our description, pricing, and availability of products. However, our website is maintained by people, utilizing technology. Human errors (including inaccuracies and omissions) do occasionally occur as do technological issues. We reserve the right to correct errors as soon as they come to our attention. At times, this may involve correcting an error after an order has been placed. We continue to do our best to minimize these occurrences and offer our sincere apology for any inconveniences that may result from any such occurrence.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. Your contact information is requested and maintained solely for the purpose of delivering the best possible service to our customers. Customer records are regarded as confidential and therefore will not be divulged to any third party. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of our products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: A) excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and B) excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
PayPal, Cash, Personal Check, and the four major Credit/Debit Cards are all acceptable methods of payment. For retail purchases, payment is due at the time of order. For wholesale purchases (meeting our wholesale purchase requirements) payment is due at the time of order. We reserve the right to seek recovery of any unpaid balances remaining unpaid sixty days from the date of invoice via collection agencies and/or through the Small Claims Court. If you are not able to make your payment according to the stated payment, it is in your best an interest to contact our office as soon as you are aware of this fact and work out a payment agreement. In the case that we must enlist the services of a collection agency, attorney, or small claims court, you will be liable for any and all additional administrative and/or court costs. Returned checks will incur a $35 NSF fee to cover related banking fees. Payment must then be made via cash or major credit/debit card. All regular-price, retail chemisettes come with a 30-day unconditional money-back guarantee. All regular-price chemisettes can be exchanged within 30 days of purchase, for any reason. Because wholesale orders are “made-to-fill,” returns are not allowed. However, flawed or damaged products may be exchanged in kind.
Unless otherwise stated, the products featured on this website are globally available for purchase both as retail and wholesale purchases. All terms and conditions apply, regardless of geographic location of purchaser. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this website you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We encourage your feedback on the products you use. We also welcome your suggestions for new products, though we typically decline unsolicited suggestions and ideas. Should you choose to submit a new product idea, it will be viewed as non-proprietary and non-confidential. By submitting your idea, you transfer all rights related to the idea to our company to use in part or in whole to develop new products should we decide to do so.
You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
Representations and Warranties; Limitation of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it. All content is provided “as is,” with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Any dispute relating in any way to your visit to our website or to products purchased here shall be submitted to confidential arbitration in Indianapolis, Indiana. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with jurisdiction, whether or not it is located in Indiana. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
By visiting this website, you agree that the laws of the state of Indiana, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us or any of our affiliates.
The laws of the United States and the state of Indiana govern this website. By accessing this website, and buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
We reserve the right to change these Terms and Conditions at any time, at our discretion. Changes become effective upon posting to the Website. Your continued use of the Website and/or order placement, constitutes your understanding, agreement to, and acceptance of all Terms and Conditions contained herein. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, you are invited to contact us by email (firstname.lastname@example.org) or by telephone (317-518-2505).[/vc_column_text][/vc_column][/vc_row]