WEBSITE TERMS AND CONDITION OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
I. GENERAL CONDITIONS
The Terms & Conditions constitute a legally binding agreement between you and Company. The Terms & Conditions govern any and all use of the Website, any and all users, visitors, and others who access or use the Website, and any and all services rendered by us. If you do not agree to all of the Terms & Conditions, then you must not use the Website or any Services offered or accessed through the Website. If you violate the Terms & Conditions, we reserve the right to deny you access to the Website, together with any and all other legal remedies.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
II. NON-EXCLUSIVE, NON-TRASNFERABLE LICENSE TO USE OUR WEBSITE
We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instance print content, on the Website for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable Law, including our intellectual property or the intellectual property rights of another party. We reserve the right to terminate or limit your access to the Website and/or the licenses granted herein for any reason and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services.
III. COPYRIGHTS AND TRADEMARK
All Website content, including but not limited to design, artwork, hyperlinks, text, software, images, technical drawings, blog posts, podcasts, audio, images, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either copyrighted by us or are the proprietary property of us, our affiliates, or licensors. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or part without our prior written permission except you may download and print Materials for uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any data base or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from the Website, including but not limited to customer identities.
All trademarks on the Website are trademarks or registered trademarks of Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Company, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and carefully before accessing or using the Website or the features contained within the Website, such as accessing the Website itself, using online forms or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.
IV. CHILDREN’S INFORMATION
You agree that you are not under thirteen (13) years of age. The Website is intended for users over the age of eighteen (18) and we do not intend to collect information from anyone under the age of thirteen (13).
V. PERSONAL INFORMATION, PRIVACY, AND COOKIES
VI. LINKS TO OTHER WEBSITES
The Website might include links to other websites. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites. Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
VII. PROHIBITED USES
You may only use the Website to make legitimate requests to purchase products or services offered. In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Website or its Services or Content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website (or related website, other websites, or the Internet) or Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website (or related website, other websites or the Internet) and/or Services; or (l) for any breach or violation of any of the Terms & Conditions of Use. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
VIII. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
A. Errors, Inaccuracies, & Omissions
The Website may contain typographical errors, inaccuracies, or omissions that may relate to Company products, offerings, promotions, packages, programs, events, and materials. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).
We do not take on any obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing, dates, availability, location, products, services, except as required by law.
No specified update or refresh data applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
B. Links to the Website
You may not create a link to any page of the Websites without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.
C. Links from the Websites
We do not monitor or review the content of other party’s websites that are linked to the Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our Website and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
IX. WARRANTY DISCLAIMER
The information on the Website is provided on an “as is” basis without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of the Website, or the Services, will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the Website and services for indefinite periods of time or cancel them at any time without notice to you. To the fullest extent permitted by law, the Company excludes all representations and warranties relating to this Website and its contents and services for 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.
In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, damage caused to your computer, computer software, systems and programs and the data thereon, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise arising from your use of the Websites or services or in any way related to the Website and services, including but not limited to any errors or omissions in any of the use of the service or any content or product posted, transmitted, or otherwise made available. In any event, the aggregate liability of the Company and our service providers under these Terms & Conditions shall not exceed five hundred dollars ($500).
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.
X. GOVERNING LAW
The Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of New York, without reference to any conflict of laws rules.
The Website is hosted in the United States. If you access the Website from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the Website or Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You and the Company agree that if there is any dispute concerning these Terms & Conditions any such dispute shall only be resolved by arbitration, after first giving notice to the other party and the opportunity to discuss resolution within thirty (30) days of such notice. You and the Company both waive the right to a jury trial.
You and the Company waive the right to commence, be a party to, join or be an actual or putative class member of any class, collective or representative action of any kind in any forum, including in court and arbitration, arising from or related to the Website, our Services and/or these Terms & Conditions.
To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms & Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to the Website and Services.
To the fullest extent permitted by law, and except to the extent arising from our negligence, recklessness, gross negligence, or intentional misconduct, you agree to indemnify, defend, and hold harmless the Company, and our parent, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third-party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
XV. NO THIRD PARTY BENEFICIARIES
There are no third party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
XVI. CHANGES TO THESE TERMS & CONDITIONS
We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings. If we modify our Terms & Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms & Conditions for any changes.
These Terms & Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
If you have any questions about these Terms & Conditions, please send us an email at email at Info@TheChampagneDiet.com”, write us at The Champagne Diet Boutique [Re: Privacy Compliance Officer] 111 East 14th Street, Suite 133, New York, NY 10009.
Last Update: 2/3/2019