TERMS OF USE
Welcome to MARY CHEFFER website (hereinafter the “Site”). MARY CHEFFER (hereinafter “MARY CHEFFER”, “we”, “us”, or “our”) provides products and services to any party or person (hereinafter “you”, “your”, or “user”) accessing this Site subject to the terms, conditions, and notices set forth in this agreement (hereinafter “Agreement”). By accessing this Site, you are subject to the rules, guidelines, policies, terms, and conditions applicable to the use of any services within the Site. MARY CHEFFER reserves the right to modify, alter, and change this Site, terms, conditions, and rules at any time without prior notification. Your continued use of the Site constitutes your acceptance of any such changes. By accessing this site you agree to be subject to all terms, conditions, and notices in this agreement. Read it carefully before proceeding. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use and exit the site immediately.
USE OF SITE
The information and materials on this Site are provided for general informational purposes. You may access and use this Site solely for the purpose of learning about and/or purchasing our products or using our services.
You represent and warrant that you are at least 13 years old or accessing the Site under the supervision of a parent or legal guardian. This Site is not intended or directed for any person under the age of thirteen.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site only for the purpose of shopping for personal items sold and services offered on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing. Any breach of this Agreement shall result in the immediate termination of the license granted Agreement without prior notice.
Except as permitted in this Agreement, you may not copy, reproduce, distribute, display, sell, lease, transmit, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in writing.
You shall not upload, distribute, or otherwise publish through this Site any Content, information, or other material that is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law including but not limited to, computer-related bugs, viruses, worms, trap doors, trojan horses, or other harmful programming code, program, script, or properties.
This Site may be accessed from countries other than the United States. This Site may contain products, services or references to products or services that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
PRIVACY POLICY
For information and review of our Privacy Policy, which also governs your access to our Site please visit our Privacy Policy available at https://www.marycheffer.com/PrivacyPolicy.
SECURITY
We may assign you a user account with a password to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including but not limited to, all communications and transmissions and all obligations including but not limited to financial obligations incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. Your password should never be shared with any third party and you shall be responsible to immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to MARY CHEFFER. The collection, arrangement, and assembly of all Content on this Site belongs exclusively to MARY CHEFFER or its affiliates. All software used on this Site (the “Software”) is the property MARY CHEFFER and its affiliates or its Software suppliers. The Content and the Software are all protected by the U.S. and international copyright laws. gslovesme.com, its child domain names, subdomains, design logos, slogans, trade names or words are registered trademarks, trademarks or service marks of MARY CHEFFER, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in metadata without prior explicit consent. You shall not download, upload, distribute, or otherwise publish through this Site any Content, information, or other material that infringes the copyrights, patents, trademarks, service marks, trade names, trade secrets, or other proprietary rights of any person or third parties.
USER CONTENT, COMMENTS, AND CUSTOMER REVIEWS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including but not limited to, comments, ideas, know-how, questions, reviews, suggestions, techniques, (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and we shall have no obligation to be returned to you. We have no obligation and/or cannot review all Submissions and Content submitted by you, and we are not responsible for such Content. All Content that you submit may be used by us at our sole discretion without any obligation of confidentiality with the exception of the terms and conditions governed by our Privacy Policy.
In addition, you grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other Content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, impersonate someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We reserve the right to edit, modify, and/or remove any Submissions for any reason.
In addition, when you interact with other users or members of the Site, you alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and indefinitely release MARY CHEFFER including but not limited to all officers, directors, agents, subsidiaries, joint ventures, and employees, from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are an Illinois resident, you waive Illinois general release of liabilities, stating a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
You acknowledge that we place limits concerning use of any Content, Submissions, including but not limited to, the maximum number of days that email messages, message board postings, or other Submissions will be retained. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. We reserve the right to log off, delete, or disable memberships that are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to modify our practices without prior notification to you.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, we reserve the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. In the event that a credit card was charged, we shall issue a full credit to your credit card in the amount of the incorrect price charged. We reserve the right to cancel the order due to typographical errors, misprints, incorrect prices and such. The colors shown on the Site may be influenced by the settings of your computer or your monitor. We make no guarantees that any actual colors of products or features will be true or accurate.
I grant MARY CHEFFER www.marycheffer.com, its representatives, and employees the right to use photographs and my property in connection with the above-identified subject. I authorize, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that www.marycheffer.com may use such photographs of me with or without my name and for any lawful purpose, including such purpose as publicity, illustration, advertising and web content.
TERMINATION
In addition to any other legal or equitable remedies, we reserve the right to terminate the Agreement or revoke any or all of your rights granted under this Agreement for any reason without liability to you or any third party. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all access privileges, including but not limited to, user rewards points, coupons, account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. We shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.
Cause for such termination shall include, but not be limited to, (a) violations of the terms and conditions on this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a written request by you or self-initiated membership deletions if available), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues, (f) inactivity, (g) fraudulent or illegal activities by you or any third party with access to your account, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.
THIRD PARTIES AND LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
We may link to sites operated by third parties. However, even if the third party is affiliated with MARY CHEFFER, we have no control over these linked sites, all of which may have separate privacy and data collection practices, independent of MARY CHEFFER. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, MARY CHEFFER specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
DISCLAIMER AND LIMITATION OF LIABILITY
Except as otherwise provided in the standard terms of sale that govern the sale of each product on this site, this site, the products offered for sale and services offered on it and the transactions conducted through it are provided by us on an “as is” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. We do not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
Your use of the site is at your own risk. Neither MARY CHEFFER nor any of its subsidiaries, affiliates, officers, or directors, nor any of its agents or any other party involved in creating, producing, or delivering the site or its content, are liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of this site whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss for and title to products purchased from MARY CHEFFER passes to the purchaser upon delivery to the carrier.
APPLICABLE LAW
This Site is created and controlled by us in the State of Illinois, USA. As such, the laws of the State of Illinois will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
INQUIRIES
For any legal inquiries, disputes, intellectual property in regards to this Site, please send your comments to [email protected].
This document was last updated on April 17, 2018.
