These Terms are separated into two parts. Part One applies to all users, while Part Two only applies to users who register or make a purchase from us. You should feel free to skip Part Two if you are just "window-shopping." Additional terms may appear on the Site in connection with particular activities or transactions, and as to that transaction or activity, those will apply in addition to these Terms. "We," "us" or "Chilkoot's" means JADON, Inc., dba Chilkoot Charlie's. The protections in these Terms extend to Chilkoot's current or future affiliates, its shareholders, partners, licensees, sublicensees and all other related legal entities.
Chilkoot's reserves the right, in its discretion, to change or modify all or any party of these Terms at any time, effective immediately upon notice published on the Site. Your continued use of the Site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Chilkoot's. If at any time these Terms are no longer acceptable to you, you should immediately cease all use of the Site.
The design, content and software on or relating to the Site and all Site materials, including data, images, illustrations, designs, icons, photographs, video clips, software, test and other information (collectively, the "Contents"), are the property of Chilkoot's or its affiliates of licensors, as applicable. Chilkoot's retains title to all Content and it is protected by U.S. and international copyright, trademark, trade dress and/on other intellectual property laws, and by this contract and included notices. In particular, Chilkoot Charlie's is a trademark of Jadon, Inc., and the other trademarks appearing on the Site are the property of their respective owners.
3. Rules of Conduct - no commercial use; no extraction or interference (you must be nice)
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. You may use the Site solely for personal, lawful and non-commercial purposes in compliance with these Terms. You may print or store for your personal records, copies of these Terms and of screens from the Site relevant to your order (if any) or other transaction. You may not otherwise copy, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, all or part of anything related to the Site, including Contents. You may not otherwise store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Chilkoot's or the owners of such Content or their authorized persons, if other than Chilkoot's. You may not use the Site for any commercial purpose, to distribute any advertising or solicitation of funds or goods and Sites or to solicit users to join competitive online Sites.
Much of the Site Content is proprietary. You agree that you will not do or attempt to do any of the following without our express written permission: (1) use any robot, spider, scraper or other automated means to access the Site or extract data; (2) do anything that might bypass or circumvent measures employed to prevent or limit access to any part of the Site or Content; (3) impose a significant burden (as determined by us) on our infrastructure; or (4) interfere with the ordinary operation or business of the Site.
4. Feedback and Other Submissions
We welcome your comments and feedback regarding our Site, products and services. We will not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Chilkoot's on or through this Site or otherwise (collectively, "Feedback"), shall be deemed non-confidential and become and remain Chilkoot's property. The disclosure, submission or offer of any Feedback will constitute an assignment to Chilkoot's of all worldwide rights, titles, interests and goodwill in the Feedback. Chilkoot's is and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay to user any compensation for any Feedback; or (3) to respond to any Feedback.
You agree that no Feedback will: (a) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), or (b) be libelous or otherwise unlawful, abusive or obscene. You are solely responsible for the content of any Feedback you provide and agree to indemnify and hold us and our Affiliates harmless from and against any claims made regarding it.
You agree to indemnify, defend and hold Chilkoot's and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Chilkoot's Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Chilkoot's Party in connection with any use or alleged use of the Site. Chilkoot's reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Chilkoot's defense of such claim.
Chilkoot's reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Site, at any time for any reason without prior notice or liability. Chilkoot's may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability. Notwithstanding termination, these Terms (as amending from time to time) shall continue to apply to any pre-termination use, information or transaction (if any) or other matter.
8. DISCLAIMER OF WARRANTIES
THIS SITE, ALL CONTENTS AND ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CHILKOOT'S AND ALL OF ITS SUPPLIERS AND AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES OR DUTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED.
NEITHER NOR ANY PROVIDER OF THIRD PARTY CONSENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CHILKOOT'S, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF CHILKOOT'S, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT, ANY WARRANTIES ARISEING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SITE. NEITHER CHILKOOT'S NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
From time to time there might be information on the Site that is outdated or contains typographical errors, inaccuracies or omissions (collectively, 'Inaccuracy"), including any relating to product descriptions, pricing, availability or other information. We reserve the right to correct any Inaccuracy even if you have already placed your order. We apologize for any inconvenience this may cause you. Please note that while we have tried to accurately display the various colors of products, the actual colors you see will depend on particular technical specifications and settings of your computer and its display and, therefore, the colors may not be accurate. Even when there is no Inaccuracy, the product descriptions are intended to provide information only. They are not intended to be express warranties and you agree not to rely on them as such.
9. EXCLUSION OF MOST DAMAGESL LIMITATION OF LIABILITY
IN NO EVENT SHALL CHILKOOT'S OR ANY OF ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE AND INCLUDING BUT NOT LIMITED TO CONTENTS, SERVICES, USE, PERFORMANCE, OR THE LACK OF ANY OF THE FOREGOING.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CHILKOOT'S, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. EXCLUSIVE REMEDY
YOU AGREE THAT EXCEPT AS SET FORTH IN PART TWO, YOUR SOLE REMEMDY FOR ANY BREACH OF THESE TERMS OR ANY OTHER CAISE OF ACTION RELATING TO THE SITE SHALL BE, AT OUR OPTION, REPAIR, SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE CONTENTS OR
SERVICE GIVING RISE TO DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE. You agree that the damage exclusions and liability limitations in these Terms shall apply even if any remedy fails of its essential purpose.
This Agreement shall be construed in accordance with the laws of the State of Alaska, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Anchorage, AK. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Certain sections of this Agreement shall survive any termination of this Agreement as well as any other provisions, which by their terms or sense are intended to survive.
NOTICE TO COPYRIGHT AGENT
Chilkoot's respects the intellectual property rights of others and you need to do the same. Anyone who believes that their work has been reproduced on the Site in a way which constitutes copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:
· An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
· Identification of the copyrighted work claimed to have been infringed;
· Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Chilkoot's to locate the material;
· The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
· A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
· A representation that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of Sonya Wellman, in the following manner:
by mail: c/o Chilkoot Charlie's, 1071 W. 25 th Avenue, Anchorage, Alaska 99503
by phone: (907) 279-1692
by fax: (907) 272-7519
by email: firstname.lastname@example.org
It is our policy to terminate in appropriate circumstances (as we determine and without waiving our legal rights), access or other rights of persons who infringe or repeatedly infringe intellectual property rights of others.
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
It is our view that the Site does not contain materials that would typically be the subject of filtering software. Further, our Site is not directed to children under 13 years of age (and any parent who believes we may have information about such a child should immediately contact us at sonya@Chilkoot.com to arrange its removal). Nevertheless, as the provider of an interactive computer service, we inform you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
QUESTIONS; NOTICE FOR CALIFORNIA USERS
The Site is provided by Jadon, Inc. If you have any questions, comments or complaints, feel free to contact us by email at email@example.com , by phone at (907) 279-1692 or by regular mail at 1071 W. 25 th Avenue, Anchorage, Alaska, 99503.
Under California Civil Code Section 1789.3, California subscribers also are entitled to the following information: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. St., 501, Sacramento, CA 95814 or by telephone at 1-916-445-1254 or 1-800-952-5210.
This Part Two applies in addition to Part One if you register with us or purchase a product through the Site. In addition to all of the above, your offers to make online purchases from us are governed by the following provisions.
PRODUCT AND ORDERING INFORMATION; DESTINATION
All prices are shown in U.S. dollars and are valid and effective only for products ordered and shipped within the United States; taxes and any (if any) shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products without notice.
We will deliver within the U.S. (including AK, HI and APO addresses) only and we will not deliver to U.S. territories.
PAYMENT; CREDIT FOR REFUNDS & PRICING
Only valid credit cards may be used and all refunds will be credited to the same card. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site before order submission) to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to keep all card information current and that we may submit charges for processing even if the card has expired by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
All prices are subject to change without notice. Taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. You agree to make and keep a copy of records relating to your order such as your order confirmation page.
SHIPPING POLICY [REVISE AS NEEDED]
Shipping is by standard ground delivery by USPS or that we otherwise arrange.
If you want a special delivery (such as shipment other than by standard ground delivery), you will need to notify us immediately. Details will be available when you check-out. We also reserve the right to impose a handling fee. You agree to be bound by the details that appear from time to time when you place or complete your order. Any shipping or handling charges may or may not reflect actual costs.
All orders placed through the Site are shipment contracts, not destination contracts, even when we pay for shipping. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
Ordinarily, you may return to us without charge and for any good faith reason, a product purchased at the Site if you have not worn, used or washed it and you also do the following:
1- Make the return within 14 days of the date it was delivered to you (as shown by the shipper's records)
2- Complete the return form supplied with your delivered order and repack the merchandise with this form.
3- Return the product in its original form (e.g., do not remove the original Chilkoot hang-tags) and use the original packaging (or substantially equivalent packaging if the original packaging is not available).
ALL RETURNS MUST BE MADE FROM THE U.S. WITH THE U.S. POSTAL SERVICE USING THE PRE-PAID POSTAGE LABEL SUPPLIED WITH YOUR DELIVERED ORDER. OTHERWISE WE CANNOT PAY THE SHIPPING COST.
Please note that returns of products purchased at the Site must be made directly to us as described above and cannot be made in person or otherwise at any store or other establishment.
After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable gift certificate for use at the Site, a credit to the credit card used to pay for the product, or another remedy that we determine in good faith is appropriate in the circumstances.
If you do not comply with any of the above conditions, we reserve the right to refuse the return or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
If you believe a product is defective, please contact us at firstname.lastname@example.org .
EXCLUSIVE REMEDY - Supplement
In Part One, you agreed in the "Exclusive Remedy" section that, among other details and at our option, your sole remedy would be repair, substitution or replacement of the item giving rise to certain damages (see Part One for details). If you purchase a product from us, YOU FURTHER AGREE THAT IN ADDITION TO ALL OF OUR RIGHTS UNDER THE "EXCLUSIVE REMEDY" PROVISION, WE MAY INCLUDE IN OUR OPTION THE RIGHT TO PAY TO YOU THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, AS LONG AS THAT AMOUNT DOES NOT EXCEED THE AMOUNT YOU PAID US FOR THE PRODUCT GIVING RISE TO THOSE DAMAGES.