Terms & Conditions
These are the Terms and Conditions (“Terms”) entered into by and between you (“you”, “user”, “your,” or any applicable variant thereof) and chitaliving.com (“CHITA,” “our,” “we,” or “us”). The following Terms, together with any documents they expressly incorporate by reference and any other policies posted by CHITA on the website, govern your access to and use of the CHITA website, www.chitaliving.com (“website”) as a user of this website. Please read these Terms carefully prior to your access to or use of the website, submission of any information to CHITA, or the acquisition of any product or service through the website.
1. General Conditions of Acceptance
By accessing or using the website, you warrant and represent to CHITA that you are legally old enough to agree to these Terms. You also agree to comply with all applicable laws, rules, and regulations that govern your use of the Internet and our website. We reserve the right to evaluate your website use to ensure you comply with our Terms.
1) An “user” is any person who accesses or uses the website for any purpose, regardless of whether the user has a registered account on the website, including any legal entity which may be represented by a user under actual or apparent authority. By accessing the website or obtaining products or services from the website, you are a “user” of the website.
2) By accessing or using any part of the website, you hereby agree to accept and be bound by the Terms set forth in this agreement as a user.
3) If you do not accept all of the Terms set forth in this agreement, you may not access or use the website. The Terms of this agreement may not be modified, except in writing by an authorized officer.
4) The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
2. General Conditions of Use
1) You may only access or use the website for lawful, personal or legitimate business purposes pursuant to these Terms.
2) Your use of the website may periodically be interrupted due to circumstances including, but not limited to, equipment malfunction, scheduled updates, or maintenance of the website. We reserve the right to modify, suspend or discontinue your access to the website, or any part of the website, at any time, for any reason at our discretion and without prior notice. We will not be liable if, for any reason, all or any part of the website is unavailable for any period or at any time.
3. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
1) for any unlawful purpose;
2) to solicit others to perform or participate in any unlawful acts;
3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6) to submit false or misleading information;
7) 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 Service or of any related website, other websites, or the Internet;
8) to collect or track the personal information of others;
9) to spam, phish, pharm, pretext, spider, crawl, or scrape;
10) for any obscene or immoral purpose;
11) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
4. Products or Services (If Aplicable)
1) We have done our best to display as accurately as possible the colors and images of products in our store, but we cannot guarantee that any device you use to access or display an image of any product will be accurate.
2) We reserve the right to limit the access to or sales of products or services through the website to any person, geographic region or jurisdiction. All descriptions and pricing for products or services are subject to change at anytime without prior notice. We also reserves the right to discontinue any product or service at any time, and to refuse any order you place through the website. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of a product or service.
3) In the event that we makes a change to or cancels an order, we may attempt to notify you by contacting you based on the personal information you provided at the time of your order. You agree to provide up-to-date, complete and accurate contact information for all purchases made through the website. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail on returns, please review our "Return Policy".
4) Expected or estimated delivery dates are estimates only. We are not responsible for any delay or failure to deliver products in accordance with an estimated delivery schedule if the delay is wholly or partly caused by circumstances out of our control.
5. Intellectual Property
1) The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by CHITA, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You shall not access or use the website or its contents to infringe upon or violate any intellectual property rights, including, but not limited to, the reproduction, modification, distribution, or sale of any website content. You shall not access or use the website to create any derivate works. We reserve the right to terminate access to or use of the website to users who infringe intellectual property rights using the website.
2) CHITA, and all related names, logos, product and service names, designs, and slogans are trademarks of CHITA or its affiliates or licensors. You will not use these marks without the prior written permission of us. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
6. Changes to Terms & Conditions
We reserve the right to update, change, or replace any part of the Terms & Conditions at any time, without notice, by posting updates or changes to the website. These changes are immediately effective once posted. You are responsible for checking our website for changes, and your continued access to or use of the website following any changes to the Terms constitutes acceptance of those changes.
7. Typographical Errors, Omissions, or Inaccuracies
1) If any information on the website contains typographical errors, inaccuracies, or omissions, including, but not limited to, errors related to product descriptions, pricing, promotions, shipping costs, delivery schedules, or product availability, we reserves the right to correct any such errors, and to subsequently update information or cancel orders at any time based on those corrections or changes without prior notice, including after you have submitted your order.
2) We undertakes no obligation to update, amend, or clarify information on the website or in its contents, including, but not limited to, pricing information, except as is required by law.
8. Notices or Communications from CHITA
By using this website or submitting information through this website, you consent to receive electronic communications from CHITA. You agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.
9. User Comments and Submissions
1) If you submit comments, suggestions, proposals, plans, or other materials (collectively, “user comments”), whether online, by email or posted mail, or otherwise, you agree that we may, without restriction, edit, copy, publish, distribute, and otherwise use any of your user comments. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
2) You agree that your user comments will not contain libelous, unlawful, abusive or obscene material. We have the right to remove or refuse to post any user comments for any or no reason in our sole discretion. We may, but have no obligation to, monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms. We take no responsibility and assume no liability for any user comments posted by you or any third party.
3) Subject to these Terms, you represent and warrant that you own or control all rights in and to the user comments and have the right to grant the following rights to us. You assign to us all of your right, title and interest in and to all of your user comments, including, but not limited to, all intellectual property rights relating to your user comments. At our request and expense, you will execute all reasonable documents and take such reasonable actions to help us acquire and maintain these intellectual property rights.
10. Third-Party Content
1) Certain content, products, and services available through access to or use of the website may include materials or information from third parties. Third-party links on the website may direct you to websites that are not affiliated with us. Inclusion of links to third-party websites does not constitute an endorsement of those websites, nor of the products or services promoted or offered through them. 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.
2) We are not liable for any harm or damages related to the purchase or use of goods, services, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third party products or a third-party website should be directed to the third party.
11. Registered Users
1) You are not required to register for an account (“Account”) on the website to access or use the website. However, if you fill out an online registration on the website by providing the specified information (such as name, address, telephone number, email address, etc.), you will be considered a registered user of chitaliving.com (a “Registered User”). We will establish an account (“Account”) for you as a Registered User, and you will have a username and password for access to the Account.
2) You are solely responsible for maintaining the confidentiality and proper use of your username and password. You are responsible for any and all activities that are conducted through your Account, and for ensuring that all persons who access or use the website through your Account are aware of and comply with these Terms. You are also responsible for canceling your Account. You may cancel your Account at any time pursuant to these Terms.
3) You agree not to disclose, sell, assign, or transfer, or offer to sell, assign, or transfer any usernames or passwords to third parties or to let a third party use your username, password, or Account without prior written consent from CHITA. CHITA is not liable for any damages that may arise from your failure to maintain the confidentiality of your username and password.
4) We may suspend or terminate your Account at any time, including, but not limited to, if you breach any term, if we have a reasonable suspicion that you provided inaccurate or incomplete information in creating your Account, or if we believe that your actions may cause financial loss or legal liability to you, other Registered Users, or CHITA.
5) CHITA may refuse registration and deny the issuance of an Account to any user for any reason.
6) You agree not to register to use the website if you are a competitor of CHITA, or if you intend to register for the purpose of monitoring the website’s functionality or for any other competitive purpose.
7) You agree to notify us immediately of any unauthorized access to or use of your username, password, or Account, or any other breach of security.
12. Disclaimer of Warranty, Limitation of Liability
We do not guarantee, represent, or warrant that your access to or use of our website will be uninterrupted, timely, secure, or error free.
You expressly agree that we may remove or cancel the website or your access to or use of the website at any time, without notice to you.
We have the right to cooperate fully with any law enforcement authority or court order requesting or directing us to disclose the identity or other personal information of any user accessing or using the website. You expressly agree to waive and hold harmless CHITA or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors from any claims resulting from any action taken by CHITA during, or as a consequence of, investigations by either CHITA or law enforcement authorities.
You expressly agree that your use of the website, or inability to use the website, is at your sole risk. These risks include, but are not limited to, misrepresentation of products and services, your subjective dissatisfaction with the website or products or services obtained through the website, defective products, delay or default in delivery or payment, and errors in price. The website and all products or services delivered to you through the website are provided ‘as is’ and ‘as available’, without any representations, warranties, or conditions of any kind, either express or implied, including, but not limited to, all warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall CHITA or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or direct, indirect, incidental, special, consequential or exemplary damages of any kind (even if CHITA has been advised of the possibility of such damages), resulting from any aspect of your access to or use of the website or any product or service obtained through the website. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California.
You agree to indemnify, defend, and hold harmless CHITA and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your access to or use of the website or its contents or breach of these Terms, including, but not limited to, your failure to provide accurate, complete and/or current information when accessing or using the website, your misuse of this website, your user comments, or your violation of any law or the rights of a third party.
1) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2) The Terms are effective unless and until they are terminated by either you or us. If you wish to terminate these Terms, you may do so at any time by notifying us that you no longer wish to access or use the website. You may also terminate at any time by ceasing use of the website.
3) Any breach or violation of these Terms will result in a termination of your access to or use of the website. If, in our sole discretion, you fail or we suspect you have failed to comply with any term, we may terminate your use or access at any time without notice. If such termination occurs, you will remain liable for all amounts due up to and including the date of termination.
1) If any term is held to be invalid or unenforceable, such term shall be severed from the Terms and Conditions and shall not affect the validity or enforceability of the remaining terms.
2) Failure of CHITA to exercise or enforce any term shall not constitute a waiver of that term.
3) No waiver by CHITA of any term shall be deemed a further or continuing waiver of that term or a waiver of any other term.
17. Geographic Restrictions
CHITA provides this website for use only by persons located in the United States. We make no claims that the website or its content is accessible or appropriate outside of the United States. If you access the website, you are responsible for compliance with local laws.
18. Entire Agreement
These Terms, in conjunction with any other policies posted by us on the website, constitute the entire agreement between you and us and govern your access to and use of the website. These Terms supersede any prior or contemporaneous agreements or any other communications, oral or written, between you and us.(including, but not limited to, any prior version of the Terms)