Terms of service
CHEETERZ WEBSITE TERMS OF SERVICE
This website, including its desktop and mobile versions (the “Site”), is owned and operated by Cheeterz Club Inc. (“Cheeterz”). These terms of service (these “Terms”) govern the Site and all associated websites, applications, products, social media accounts, and services provided or operated by Cheeterz (all together, the “Services”). These Terms include the terms and conditions below as well as any additional terms, policies, or notices referenced or linked to in these Terms.
Please read these Terms carefully before using the Service, including browsing the Site. By using the Services, you are agreeing to be bound by these Terms. If you do not agree with these Terms, please do not use the Services.
Any new features, tools, products, social media accounts, or functions that we add to the Site or Services will also be subject to these Terms. You can review the most current version of the Terms any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of the Services after the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
By agreeing to these Terms, you represent that you are at least 18 years old and able to consent to legally binding agreements for the Services. You may use the Services if you are not 18 years old only if you are at least 13 years old and supervised by a parent or guardian who is at least 18 years old while using the Services. No person younger than 13 years old may use our Services.
You may not use our Services, including any products, for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
If you use a third-party application, including but not limited to third party social media applications or services, to interact with the Service, you must follow the terms and conditions of that third-party application. For example, posting a comment to Cheeterz’s Instagram account that violates Instagram’s terms of service may also be a violation of these Terms.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
We rely on third party service providers, including but not limited to public utilities and cloud service providers, to provide the Service. We will not be responsible for any consequences of the Service’s failure or non-performance that is caused by a third-party service provider.
Some of the Services will require you to connect to the internet. Establishment and maintenance of your internet connection is solely your responsibility. We are not responsible for any consequences caused by your failure to maintain an adequate internet connection.
If you create an account on the Site, you are solely responsible for: the accuracy of any information you provide in creating that account and for preventing any unauthorized use of your account. Any activity conducted through your account is your responsibility, even if performed by a person accessing your account without your authorization. We are not be responsible for any results caused by unauthorized access to your account, or by inaccurate, incomplete, or outdated information that you provide.
You may not access any other person’s account without their permission.
The information you provide to us while creating your account and otherwise using the Services is subject to our link to Privacy Policy.
The Site includes an online “Store” where you can browse and purchase Cheeterz products. When using the Store, please be advised that:
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- To receive shipment of your product orders, you will need to provide a name, address, and telephone number. That information is subject to our [insert privacy policy link].
- Product orders must be paid for by the payment methods available in the Store. You must provide accurate payment information to purchase our products from the Store. By providing that payment information, you authorize Cheeterz to process that information and share it with our third party payment processors for the purpose of collecting the payment.
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- If you aren’t happy with your order, you may change it, cancel it, or return it according to our [Insert returns policy link].
- After we deliver your ordered products to our carrier (e.g. UPS or USPS) the risk of loss for those products passes to you.
You may contact us at any time by email at info@cheeterzclub.com.
Except for user created content (see below) or content licensed from third parties for use in connection with the Services, Cheeterz owns all right, title, and interest in and to the intellectual property incorporated into the Site and Services, regardless of format, medium, transmission, or device used to access and use the Services, and are protected by United States and international copyright laws. You may not use any Cheeterz intellectual property for any purpose without Cheeterz’s prior written consent. Unauthorized use of Cheeterz intellectual property, whether or not for commercial purposes, is a violation of intellectual property laws and may expose you to civil liability, including substantial fines.
While using the Services, you may have the opportunity to provide content that is visible to other users of the Services, including the general public, e.g. leaving product reviews on the Site or commenting on Cheeterz social media posts. Except for any third-party content you incorporate into your user created content, you own all intellectual property rights in and to this “user created content”
By submitting, posting, transmitting, or otherwise sharing (all together “posting”) user created content, you are stating that:
- You have all rights or permissions necessary to post the material included in your user created content;
- You are not violating any third-party rights in or to any material, including but not limited to intellectual property rights, by posting your user created content, and that Cheeterz will not violate any such rights if it uses your content as permitted by these Terms; and
- Your user created content is accurate and not misleading.
User created content may not: include any profanity or obscene, indecent, or pornographic material; include any other individual’s personally identifiable information; impersonate any other individual; contain unsolicited advertising; or contains harassing, discriminatory, hateful, or defamatory content.
By posting user created content via the Service, including Cheeterz’s social media accounts, you grant us the following license: the right to use, copy, process, modify, and publish that content in any medium or format anywhere in the world for the purpose of publicizing the Services. This license is irrevocable, non-exclusive, perpetual, fully transferable, sublicensable, royalty-free, and will survive termination of your account. If that user created content includes and ideas or feedback concerning the Services, this license also includes the right to use and exploit that content, or any portion thereof, for any purpose in connection with the Services. Cheeterz will have no obligation to compensate you for any use of user created content permitted by this paragraph; any compensation will be at Cheeterz sole discretion.
User created content does not include, and the licenses granted above do not apply to, your personal private information. For more information about distinction between private information and user created content, please see our privacy policy link.
Unauthorized sharing of copyrighted materials is not permitted on the Services. If you believe that content you own was posted without your authorization, you can submit a copyright notice to Cheeterz and we will remove that content according to the Digital Millennium Copyright Act (“DMCA”). That notice must include:
- Your name, address, telephone number, and email address (if any);
- A description of the copyrighted work at issue;
- A description of where on the Service the allegedly infringing material can be found;
- A statement of your good faith belief that the use of your copyrighted work was not authorized;
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are either the copyright owner or the owner’s authorized agent; and
- Your electronic or physical signature.
Copyright notices should be sent to 500 Sansome Street Suite 510 San Francisco CA 94111.
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
- Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 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 third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date 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.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHEETERZ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT THEREIN, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM MALICIOUS SOFTWARE, AND ANY IMPLIED WARRANTIES. CHEETERZ MAKES NO REPRESENTATION OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, AVAILABILITY, OR FREEDOM FROM MALICIOUS SOFTWARE OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES.
By using the Services, you understand and agree that Cheeterz cannot control and has no obligations to you concerning any interactions you may have with other Service users, your reactions to or interpretations of any other users created content, or any consequences of your use of the Service that is not within Cheeterz’s reasonable control.
You agree to indemnify and defend Cheeterz, and our parent, subsidiaries, 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CHEETERZ BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND OR DESCRIPTION EVEN IF CHEETERZ HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL CHEETERZ TOTAL LIABILITY TO YOU EXCEED THE GREATER OF EITHER (A) THE TOTAL AMOUNTS PAID BY YOU TO CHEETERZ OVER THE THREE MONTHS PRECEDING YOUR CLAIM, OR (B) $500.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
Any dispute arising out of or relating to these Terms will be governed by the laws of the State of California without regard for conflicts of laws principles. The state or federal courts of San Francisco County, California, will have exclusive jurisdiction over any such dispute. By accepting these Terms, you agree to waive any objection to that jurisdiction on the basis of forum non conveniens or similar doctrine.
YOU AND CHEETERZ AGREE THAT NEITHER PARTY MAY BRING AN ACTION AGAINST THE OTHER PARTY AS PART OF A CLASS ACTION AND THAT EITHER PARTY MAY ONLY BRING A CLAIM ARISING OUT OF OR RELATING TO THESE TERMS IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF A CLASS ACTION.
If any portion of these Terms is held invalid or unenforceable, that portion will be struck and the remainder of these Terms will remain in full force and effect.
Cheeterz will not be liable for any failure to perform a Service, including but not limiting to making the Site or Store available or delivering products, if its performance is prevented or delayed by an act, event, omission, or accident beyond its reasonable control, including but not limited to civil disturbances, natural disasters, government intervention, utility failures or third party service provider failures.
Cheeterz reserves all rights not expressly granted by these Terms. Cheeterz rights and remedies are cumulative. Cheeterz’s failure to enforce a right will not be a waiver that right; a right may only be waived by Cheeterz’s express written waiver.
If you must send Cheeterz a legal notice, you may send that notice to 500 Sansome Street Suite 510 San Francisco CA 94111.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.