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Terms and Conditions of Service

This Web site domain is owned and operated by CharmCat. CharmCat offers services and products for sale through this Web site domain. Use of this domain or any sub-domains constitutes acceptance of these terms and conditions of service (“terms”).

Throughout this site and and these terms, the words “I,” “we,” “me,” “us,” “my,” or “our” refer to the business entity CharmCat. Accordingly, the words “you” or “your” refer to any user of this Web site or any customer of CharmCat.

Scope

Our Web site, including any and all information, tools, services, and products (collectively called “services”), are made available to you on the condition of your acceptance of these terms. New services added to the Web site are subject to the current terms. We recommend reading these terms thoroughly before continuing to use any CharmCat services.

Additionally, we reserve the right to update, change, or replace any part of these terms. As such, we recommend that you periodically review the current terms. By continuing to access or use any part of this site you agree to be bound by those changes.

General Conditions

By agreeing to these terms, you consent that you are at least (a) the age of majority in your jurisdiction; or (b) that you are at least the age of majority in your jurisdiction and you have given us permission to let any minors in your charge to use our site.

You must not use any CharmCat services to: transmit any worms, viruses, or any code of a destructive nature; promote or distribute hateful, discriminatory, or provocative language; or to break the law or incite others to break the law.

We reserve the right to refuse service to anyone for any reason at any time.

You must not reproduce, duplicate, copy, sell, resell or exploit any service or portion of service offered by CharmCat. All material authored by CharmCat is considered copyrighted. All product and service names are considered trademarked.

As part of our services, we may provide access to optional third-party services, over which we have no control. CharmCat provides access to these services as a courtesy, but does not endorse any third-party service. By accessing these third-party services, you agree that they are provided “as is” without any warranty on our part, and that we will not be held liable for any consequences as a result of your use.

Third-party services are subject to the terms put forth by that third party. It is your responsibility to become familiar with their policies.

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information obtained from this Web site is not accurate, complete, or current. This includes but is not limited to general information; historical information; product descriptions, specifications, or prices; advertisement or sale terms; color, font, or material representation; images or illustrations; or purchase history.

You shouldn’t rely on the information on this Web site as a sole basis for making decisions. If you choose to rely solely on the information available on this site, you do so at your own risk. We recommend consulting further, more primary resources. See information in the contact section of this document, or our contact page.

We are under no obligation to correct inaccuracies in the information available on our Web site, except as required by law.

Occasional inaccuracies or typographical errors may relate to product information, including but not limited to descriptions, specifications, prices, quantities, or transit times. We reserve the right to correct this information, including changing or canceling processed orders, without prior notice.

Products and Transactions

Information is provided on products through this Web site, including but not limited to: product descriptions, specifications, prices, quantities, or transit times; advertisement or sale terms; color, font, or material representation; images or illustrations; or purchase history. This product information may contain inaccuracies, omissions, or typographical errors, which are subject to correction without notice. Additionally, we reserve the right to change this product information, including prices, without notice.

The CharmCat store is offered on an “as is” and “as available” basis. This means that we cannot be held liable for interruptions in service, including but not limited to technical errors, scheduled downtime, or service interruptions.

The CharmCat store may be discontinued at any time without prior notice.

The sale of any product or service through the CharmCat store is subject to the current Return Policy.

You must not use any product or service obtained through this site for any illegal or unauthorized purpose, nor violate any law in your jurisdiction.

We reserve the right to limit sale of our product for any reason not prohibited by law on a case-by-case basis. We reserve the right to cancel or limit orders already placed. We reserve the right to limit quantities or availability of products or services, including orders placed under the same customer account, address, or billing information. We reserve the right to discontinue sale of any product or service at any time and without notice.

User Submitted Content

Occasionally you as a user may be solicited for certain specific submissions (i.e. contest entries), or may be allowed to submit content without solicitation (i.e. suggestions, reviews, feedback, or other comments). By submitting these comments, whether by Web site, email, postal mail, or otherwise, the you agree that we may publish, share, or otherwise distribute the content without restriction. We are under no obligation to maintain confidence or privacy.

By submitting content, you agree that you are not violating the right of any third-party, nor contains libelous or abusive content; you may not use a false name or identity, or mislead other users or us as to the purpose of your content. Additionally, you agree that you understand that your content (not including sensitive financial information) may be transferred unencrypted.

We reserve the right to edit or remove any user-submitted content at our sole discretion.

We are not responsible or liable for the comments left by you or any user or third party.

Account Information

You agree to provide current, complete, and accurate account information for any purchase made in our store, and to promptly update or correct any information so that we may complete your purchase as needed. This includes but is not limited to credit card number, expiration date, cardholder name, billing address and shipping address.

By providing this account information, you agree that you are the cardholder or that you have been authorized by the cardholder to make purchases.

For more detailed information on your personal account information, please refer to our Privacy Policy.

Summary of Prohibited Uses

In addition to other prohibitions as set forth in these terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 site or of any related Web site, other Web sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or any related Web site, other Web sites, or the Internet. We reserve the right to terminate your access to the site or any related Web site for violating any of the prohibited uses.

Summary of Disclaimers

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of our service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall CharmCat be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless CharmCat 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.

Severability

In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

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.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Protections

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hamden, Connecticut.

Changes to Terms

You can review the most current version of these terms at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our site or services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to ashleigh [at] charmcat.net.