ACCEPTANCE OF TERMS OF USE
By using this web site, you accept and agree to all terms, conditions and notices
contained or referenced on the web site ("Terms of Use"). Please read the following
terms carefully. If you do not agree to the Terms of Use, do not use this site.
ChicoBag® Company reserves the right to update or revise the Terms
of Use at anytime, and you should therefore check the Terms of Use periodically
for changes. Use of the web site following changes to the Terms of Use constitutes
your acceptance of those changes.
WEBSITE OWNERSHIP
The web site www.chicobag.com is owned and operated by ChicoBag®
Company. Copyright © 2008, ChicoBag® Company. All rights reserved.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials on this web site, or made
available to you through this web site, are protected by applicable intellectual
property and other laws, and that you do not own or otherwise have a proprietary
interest in or right to use such content and materials. Unless authorized in writing
by ChicoBag® Company, you agree not to sell, license, modify, rent,
lease, loan, distribute, copy, reproduce, transmit, publicly display, publish, adapt,
or edit, in whole or part, such content and materials, or create derivative works
thereof, including, without limitation, fonts, icons, link buttons, wall paper,
desktop themes, on-line postcards, greeting cards or unlicensed merchandise. Requests
to reproduce or distribute the content or materials found on this web site can be
made by writing ChicoBag® Company at
info@chicobag.com.
DISCLAIMER
Your use of the web site is at your sole risk. All content, materials, information,
software, products and services included in or available though this web site (collectively,
the "Content") are provided on an "as is" and "as available" basis. ChicoBag®
Company expressly disclaims al warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability, fitness
for a particular purpose, or non-infringement. ChicoBag® Company
makes no warranty that the Content (a) will meet your needs or requirements, or
is of a certain quality, (b) is accurate, reliable or correct, (c) will be available
on the web site at any specific time or location, (d) will be available on the web
site uninterrupted, secure or error-free, or (e) is free of viruses or other harmful
components. No advice or information available on the web site shall create any
warranty not stated in the Terms of Use. Any material which you download or obtain
via other means from the web site is done at your own risk. In the event a jurisdiction
does not allow the exclusion of certain warranties, ChicoBag® Company's
warranties in such jurisdiction shall be limited to the extent permitted by law.
LIMITATION OF LIABILITY
Under no circumstances shall ChicoBag® Company, any of its subsidiaries,
affiliates, franchisees, agents, employees, licensees, subcontractors, or any third
party providers be liable to you for any direct, indirect, incidental, special,
circumstantial or exemplary damages, including, but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses (even if ChicoBag®
Company has been advised of the possibility of such damages), that result from the
use or inability to use this web site. The foregoing limitation applies regardless
of the nature or theory of law upon which such any alleged liability is based. In
the event a jurisdiction does not allow the exclusion or limitation of certain damages,
ChicoBag® Company's liability in such jurisdiction shall be limited
to the extent permitted by law.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless ChicoBag® Company,
its parents, affiliates, franchisees, together with their respective employees,
agents, directors, officers and shareholders, from and against all liabilities,
claims, damages and expenses (including reasonable attorney's fees and costs) arising
out of your use of this web site, your failure to use the site, your breach or alleged
breach of the Terms of Use or your breach of the copyright, trademark, proprietary
or other rights of third parties.
TRADEMARK INFORMATION
ChicoBag® is a registered service and/or trademarks of ChicoBag®
Company. Without ChicoBag® Company’s written permission, you agree
not to display or use the ChicoBag® Company marks in any way.
THIRD PARTY WEBSITES
To the extent this site may link you to, or provide a link to, other sites on the
Internet, ChicoBag® Company is not responsible for the accuracy,
copyright compliance, legality, decency or any other aspect of the content of those
web sites. Links to third-party web sites does not imply any endorsement of or association
with such web sites by ChicoBag® Company.
CHOICE OF LAW AND FORUM
These Terms of Use will be governed by and construed in accordance with the laws
of the state of California, without regard to its conflicts of laws provisions.
You and ChicoBag® Company, expressly agree that the exclusive jurisdiction
for any claim or action arising out of or relating to these Terms of Use or your
use of the web site shall be in the state or federal courts of the state of California
and Butte County, and you agree and submit to the exercise of personal jurisdiction
of such courts over you for the purpose of litigating any such claim or action.
LINKING
If you are interested in creating hypertext links to this web site, you must contact
ChicoBag® Company in writing at info@chicobag.com
to obtain permission before doing so. Any hypertext link authorized by ChicoBag®
Company shall not represent in any way that you have received the endorsement, sponsorship
or support of this web site or ChicoBag® Company, including its respective
subsidiaries, affiliates, franchisees, licensees, employees, agents, directors,
officers and shareholders.
INTERNATIONAL USE
ChicoBag® Company does not represent that the content on this web
site is appropriate or available for use in locations outside the United States,
and therefore, accessing the web site from locations where the contents are illegal
is prohibited. To the extent you access the web site from such locations, you do
so at your own risk and are solely responsible for compliance with local laws.
WAIVER AND SEVERABILITY
The failure of ChicoBag® Company to exercise or enforce any right
arising from the Terms of Use, a violation of the Terms of Use, or your use of the
web site shall not constitute a waiver of such right or provisions. In the event
any part of these Terms of Use is found by a court of competent jurisdiction to
be invalid or otherwise unenforceable, you and ChicoBag® Company
agree that the court should construe that part in a manner consistent with applicable
law to reflect as nearly as possible, the original intention of the parties, and
the other provisions of the Terms of Use shall remain in full force and effect.
TERMINATION
ChicoBag® Company reserves the right, in its sole discretion, to
terminate or block your access to all or part of this web site, with or without
notice.
VIOLATIONS
Please report any violations of the Terms of Use to ChicoBag® Company
to info@chicobag.com.
