Thank you for visiting our website, www.chubbiesshorts.com (the
"Site") owned and operated by Chubbies Inc., d/b/a Chubbies
(“Chubbies,” “we,” “us,” or “our”). Except as otherwise noted
herein, these terms and conditions ("the Terms") govern your use of
the Site and our mobile application. Please read these Terms
carefully, because your use of the Site constitutes your agreement
to follow and be bound by these Terms. If you do not agree to these
Terms, you should not access or use the Site. Chubbies reserves the
right to make changes to the Site and to these Terms from time to
time. When we make changes, we will post them here. For this reason,
we encourage you to review these Terms whenever you use our Site
because by visiting the Site, you agree to accept any such changes.
Chubbies provides you with access to and use of the Site subject to
your compliance with the Terms. No material from the Site may be
copied, reproduced, republished, uploaded, posted, transmitted or
distributed in any way, except as specifically permitted on the
Site. The Site, including all of its information and contents, such
as text, data, wallpaper, icons, characters, artwork, images,
photographs, graphics, music, sound, messages, graphics, software
and the HTML used to generate the pages (collectively, "Materials
and Content"), is Chubbies property and is protected by trademark
and/or copyright under United States and/or foreign laws. Except as
otherwise provided on the site or in these Terms, you may not use,
download, upload, copy, print, display, perform, reproduce, publish,
modify, delete, add to, license, post, transmit, or distribute any
Materials and Content from this Site in whole or in part, for any
public or commercial purpose without the specific prior written
permission of Chubbies. We grant you a personal, limited,
non-exclusive, non-transferable license to access the Site and to
use the information and services contained here. We reserve the
right, for any reason or for no reason, in our sole discretion and
without notice to you, to revise the products and services described
on the Site and to terminate, change, suspend or discontinue any
aspect of the Site, including, but not limited to, the Materials and
Content on the Site as well as features and/or hours of availability
of the Site, and we will not be liable to you or to any third party
for doing so. We may also impose rules for and limits on use of the
Site or restrict your access to part, or all, of the Site without
notice or penalty. We have the right to change these rules and/or
limitations at any time, in our sole discretion.
PROHIBITED USES
The Site may be used only for lawful purposes and is available only
for your personal, noncommercial use, which shall be limited to
viewing the Site, purchasing products, providing information to the
Site, and downloading product information for your personal review.
You are responsible for your own communications, including the
transmission, posting, and uploading of information and are
responsible for the consequences of such communications to the Site.
Chubbies specifically prohibits any use of the Site, and requires
all users to agree not to use the Site, for any of the following:
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POSTING ANY INFORMATION WHICH IS INCOMPLETE, FALSE, INACCURATE
OR NOT YOUR OWN.
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COMMUNICATING, TRANSMITTING, OR POSTING MATERIAL THAT IS
COPYRIGHTED OR OTHERWISE OWNED BY A THIRD PARTY UNLESS YOU ARE
THE COPYRIGHT OWNER OR HAVE THE PERMISSION OF THE OWNER TO POST
IT.
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COMMUNICATING, TRANSMITTING, OR POSTING MATERIAL THAT INFRINGES
ON ANY OTHER INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHT
OF ANOTHER.
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ATTEMPTING TO INTERFERE IN ANY WAY WITH THE SITE'S OR CHUBBIES’
NETWORKS OR NETWORK SECURITY, OR ATTEMPTING TO USE THE SITE'S
SERVICE TO GAIN UNAUTHORIZED ACCESS TO ANY OTHER COMPUTER
SYSTEM.
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ENGAGING IN CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE,
GIVING RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY CITY,
STATE, NATIONAL OR INTERNATIONAL LAW OR REGULATION THAT WOULD
FAIL TO COMPLY WITH ACCEPTED INTERNET PROTOCOL.
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COMMUNICATING, TRANSMITTING, OR POSTING MATERIAL THAT REVEALS
TRADE SECRETS, UNLESS YOU OWN THEM OR HAVE THE PERMISSION OF THE
OWNER.
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COMMUNICATING, TRANSMITTING, OR TRANSFERRING (BY ANY MEANS)
INFORMATION OR SOFTWARE DERIVED FROM THE SITE TO FOREIGN
COUNTRIES OR CERTAIN FOREIGN NATIONS IN VIOLATION OF ANY
APPLICABLE EXPORT CONTROL LAWS.
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COMMUNICATING, TRANSMITTING, OR POSTING MATERIAL THAT IS IN
VIOLATION OF APPLICABLE LAWS OR REGULATIONS.
LIMITS ON PURCHASES
In an effort to enhance your shopping experience and give as many
customers as possible the opportunity to purchase our merchandise,
we may place limits on purchases and we do not authorize the
purchase of commercial quantities of our merchandise. We also may,
among other things, restrict 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. We reserve the right to limit,
cancel or prohibit orders that, in our sole judgment, appear to be
placed in violation of this policy. We further reserve the right to
cease doing business with customers who violate this policy. We may
modify this policy at any time without prior notice. This policy
applies to all purchases of Chubbies merchandise, including, but not
limited to, all purchases made on our site and retail stores.
ERRORS, INACCURACIES AND OMISSIONS
We make every effort to present the most recent, accurate, and
reliable information on the Services at all times. However,
occasionally there may be information on the Services that contains
typographical errors, inaccuracies, or omissions that may relate to
product descriptions, pricing, promotions, offers, and availability.
Any errors are wholly unintentional and we reserve the right to
amend errors or to update product information at any time without
prior notice. In the event a product is listed at an incorrect price
due to photographical error, typographical error or any other error
in pricing information, we reserve the right to refuse or cancel any
orders placed for any Product listed at the incorrect price.
SECURITY RULES
Violations of system or network security may result in civil or
criminal liability. Chubbies will investigate occurrences and may
involve, and cooperate with, law enforcement authorities in
prosecuting any user or users who are involved in such violations.
You are prohibited from violating or attempting to violate the
security of the Site, including, without limitation, the
following:
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ACCESSING DATA NOT INTENDED FOR YOU OR LOGGING ON TO A CHUBBIES
SERVER OR ACCOUNT, WHICH YOU ARE NOT AUTHORIZED TO ACCESS.
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ATTEMPTING TO INTERFERE OR INTERFERING WITH THE OPERATION OF OUR
SITE, OUR PROVISION OF SERVICES TO ANY OTHER VISITORS TO OUR
SITE, OUR HOSTING PROVIDER OR OUR NETWORK, INCLUDING, WITHOUT
LIMITATION, VIA MEANS OF SUBMITTING A VIRUS TO THE SITE,
OVERLOADING, "FLOODING", "MAILBOMBING" OR "CRASHING" THE SITE.
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LOGGING ON TO A CHUBBIES SERVER OR ACCOUNT, WHICH YOU ARE NOT
AUTHORIZED TO ACCESS.ATTEMPTING TO PROBE, SCAN OR TEST THE
VULNERABILITY OF A SYSTEM OR NETWORK OR TO BREACH SECURITY OR
AUTHENTICATION MEASURES WITHOUT PROPER AUTHORIZATION (OR
SUCCEEDING IN SUCH AN ATTEMPT).
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FORGING ANY TCP/IP PACKET HEADER OR ANY PART OF THE HEADER
INFORMATION IN ANY E-MAIL OR TRANSMISSION OR POSTING TO OUR
SITE.
INTERNATIONAL USE
We control and operate the Site from the United States, and all
information is processed within the United States. We do not
represent that materials on the Site are appropriate or available
for use in other locations. You agree to comply with all applicable
laws, rules and regulations in connection with your use of the Site.
Software that may be downloaded from the Site is subject to export
controls under the laws and regulations of the United States. By
visiting and using our Site, you acknowledge that you are not a
national of, or resident within, any of the countries that are
subject to trade embargo under these laws and regulations
(currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on
any of the United States Government's lists of prohibited and
restricted parties.
MERCHANT REQUIREMENT FOR EU COUNTRIES
The goods will be imported on behalf of the consignee/buyer. The
consignee authorizes Chubbies to import the goods on his behalf.
Further, the consignee/buyer agrees Chubbies may delegate the
obligation to import the goods on his behalf to a subcontractor
(e.g. customs broker). The consignee will pay the taxes & duties in
addition with the purchase price of the goods.
PRODUCT AND PRICING INFORMATION
Although Chubbies has made every effort to display our products and
their colors as accurately as possible, the displayed colors of the
products depend upon the monitor of the user, and Chubbies cannot
guarantee that the user's monitor will accurately portray the actual
colors of the products. Products displayed may be out-of-stock or
discontinued, and prices are subject to change. Chubbies is not
responsible for typographical errors regarding price or any other
matter.
PROPRIETARY RIGHTS
Chubbies is the owner and/or authorized user of any registered or
unregistered trademark, trade name and/or service mark appearing on
the Site, and is the copyright owner of the Materials and Content on
the Site, unless otherwise indicated. The Chubbies logos, designs,
titles, phrases and product names and the copyrights, trademarks,
service marks, trade dress and/or other intellectual property in
such materials (collectively, "Chubbies Intellectual Property") are
owned by Chubbies and may be registered in the United States and
internationally. You agree not to display or use the Chubbies
Intellectual Property in any manner without Chubbies’ prior
permission. Nothing on the Site should be construed to grant any
license or right to use any Chubbies Intellectual Property without
the prior written consent of Chubbies.
Except as otherwise provided herein, use of the Site does not grant
you a license to any Materials and Content or features you may
access on the Site and you may not modify, rent, lease, loan, sell,
distribute or create derivative works of such Materials and Content,
features or materials, in whole or in part. Any commercial use of
the Site is strictly prohibited, except as allowed herein or
otherwise approved by us. You may not download or save a copy of any
of the Materials and Content or screens for any purpose except as
otherwise provided by Chubbies. If you make use of the Site, other
than as provided herein, in doing so you may violate copyright and
other laws of the United States and/or other countries, as well as
applicable state laws, and you may be subject to liability for such
unauthorized use. The information on the Site including, without
limitation, all site design, text, graphics, interfaces, and the
selection and arrangements is protected by law including, but not
limited to, copyright law.
USER CONTENT
Any and all content, comments, feedback, suggestions, ideas,
concepts, questions or other communications (collectively "User
Content") that you submit or post on the Site shall be deemed
non-confidential and non-proprietary. By submitting or posting any
User Content, you grant to Chubbies a perpetual, irrevocable,
royalty-free, worldwide, sublicensable and transferable license to
copy, publish, translate, modify, create derivative works from,
distribute, reproduce or use the User Content in any commercial or
non-commercial manner whatsoever. Chubbies will be free to use any
ideas, concepts, know-how or techniques contained in such User
Content for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products that incorporate or
otherwise rely upon such information. Chubbies shall have no
obligation to monitor User Content, use or display User Content,
compensate you for submitting User Content, or respond to any User
Content. Chubbies retains the right, in its sole discretion and
without prior notice, to remove, revise or refuse to post any User
Content for any reason or no reason.
By submitting User Content, you represent and warrant that the User
Content does not (i) contain false or misleading information, (ii)
infringe on the intellectual property rights of any third party,
(iii) contain any libelous, defamatory, obscene, offensive,
threatening or otherwise harassing content, (iv) contain any
addresses, email addresses, phone numbers or any contact information
or (v) contain computer viruses, worms or other harmful files. You
are solely responsible for the User Content and you hereby agree to
indemnify and hold Chubbies and its employees, agents and affiliates
harmless from any and all damages, claims, expenses, costs or fees
arising from or in connection with a breach of any of the foregoing
representations or your violation of any law or rights of a third
party.
PRIVACY POLICY
Notwithstanding anything else to the contrary contained in these
Terms of Use, Chubbies’ use of any personally identifiable
information (name, email etc.) you provide via the Site shall be
governed by our Privacy Policy. For further information regarding
Chubbies’ protection of your personal information, please refer to
our Privacy Policy.
DISCLAIMERS AND LIMITATION OF LIABILITY
Chubbies publishes information on its Site as a convenience to its
visitors. While Chubbies attempts to provide accurate and timely
information, there may be inadvertent technical or factual
inaccuracies and typographical errors. We reserve the right to make
corrections and changes to the Site at any time without notice. The
Chubbies products described in the Site may not be available in your
region. Chubbies does not claim that the information in the Site is
appropriate to your jurisdiction or that the products described in
its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of
the Site, which is provided "AS IS."
CHUBBIES DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND
ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO
INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT
LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES
PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY
KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF
INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. CHUBBIES DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR
THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY
WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS
WILL BE CORRECTED. CHUBBIES MAKES NO WARRANTY THAT THE SITE WILL
MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR
INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS
TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Chubbies makes no warranties of any kind regarding any non-Chubbies
sites to which you may be directed or hyperlinked from this Site.
Hyperlinks are included solely for your convenience, and Chubbies
makes no representations or warranties with regard to the accuracy,
availability, suitability or safety of information provided in such
non-Chubbies sites. Chubbies does not endorse, warrant or guarantee
any products or services offered or provided by or on behalf of
third parties on the Site.
IN NO EVENT SHALL CHUBBIES OR ANY OF THEIR RESPECTIVE MEMBERS,
OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF
ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE
USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR
THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH
THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR
ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER
TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF CHUBBIES
OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF
LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY
You agree to defend, indemnify and hold Chubbies, its directors,
officers, employees, agents and affiliates harmless from any and all
claims, liabilities, damages, costs and expenses, including
reasonable attorneys' fees, in any way arising from, related to or
in connection with your use of the Site, your violation of the Terms
or the posting or transmission of any materials on or through the
Site by you, including, but not limited to, any third-party claim
that any information or materials you provide infringes any third
party proprietary right.
DISPUTES
Any dispute relating in any way to these Terms, your visit to the
Site, or to any purchase, return or other transaction with Chubbies
shall be submitted to confidential arbitration in San Francisco,
California. However, if you have in any manner violated or
threatened to violate any Chubbies Intellectual Property right, we
may seek injunctive or other appropriate relief in any state or
federal court in the state of California. You consent to exclusive
jurisdiction and venue in these courts. Any arbitration under this
agreement and these Terms shall be conducted under the prevailing
rules of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court
of competent jurisdiction. To the fullest extent permitted by
applicable law, we agree that any dispute resolution proceedings
will be conducted only on an individual basis and not in a class,
consolidated or representative action.
GENERAL INFORMATION
These Terms constitute the entire agreement between you and Chubbies
and govern your use of the Site, and they supersede any prior
agreements between you and Chubbies. You also may be subject to
additional terms and conditions that are applicable to certain parts
of the Site. Chubbies may terminate this Agreement and deny you
access to the Site at any time, immediately and without notice, if
in Chubbies’ sole discretion you fail to comply with any provision
of these Terms.
You agree that no joint venture, partnership, employment, or agency
relationship exists between Chubbies and you as a result of this
Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Chubbies
or the Site must be commenced within one (1) year after the claim or
cause of action arose.
The failure of Chubbies to exercise or enforce any right or
provision of these Terms shall not constitute a waiver of such right
or provision. The invalidity of any term, condition or provision in
these Terms shall not affect the enforceability of those portions of
the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in
accordance with the laws of the State of California, without giving
effect to any conflict of law provisions. Any dispute arising under
these Terms shall be resolved exclusively by an appropriate federal
or state court sitting in the State of California.
You may not assign the Terms or any of your rights or obligations
under the Terms without Chubbies’ express written consent. The Terms
inure to the benefit of Chubbies’ successors, assigns and licensees.
The section titles in these Terms are for convenience only and have
no legal or contractual effect.
To contact us with any questions or concerns in connection with
these Terms or the Site, or to provide any notice under these Terms
to us please contact us at info@chubbiesshorts.com.
