TERMS OF USE

Charming Just Charming, LLC (the "Company") provides its services to you subject to the following terms of use.  If you visit or shop at CharmingJustCharming.com (the "Website"), you accept these terms of use (as may amended from time to time).  Please read them carefully.

PRIVACY

Please review our Privacy Notice, which also governs your visit to the Website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on the Website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by United States and international copyright laws.  The compilation of all content on the Website is the exclusive property of the Company and protected by U.S. and international copyright laws.  All software used on the Website is the property of the Company or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

CHARMING JUST CHARMING, CHARMINGJUSTCHARMING.COM, and other marks indicated on the Website are trademarks owned by or licensed to the Company.  All custom graphics, logos, page headers, button icons, scripts, and service names on the Website are trademarks or trade dress owned by or licensed to the Company.  Such trademarks and trade dress may not be used in connection with any product or service that is not the Company's or its licensor, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or the licensor.  All trademarks not owned by the Company that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

LICENSE AND WEBSITE ACCESS

The Company grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company.  This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  The Website or any portion of thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company.  You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company.  Any unauthorized use terminates the permission or license granted by the Company.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Company so long as the link does not portray the Company or its products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission of the Company.  The Company reserves all rights not expressly granted hereunder.

USER ACCOUNTS

Certain services offered on or through the Website require you to first open an account.  You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account.  You agree to notify the Company immediately of any unauthorized use of your account or password, or any other breach of security.  You may be held liable for losses incurred by the Company or any other user of the Website due to someone else using your password or customer account.  You may not use anyone else's password or customer account at any time.  You may not attempt to gain unauthorized access to the Website.  Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated.  You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration/billing process.  You may update any of your account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card.  You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of the systems or networks comprising or connected to the Website.

You also agree that the Company may, in its sole discretion and without prior notice to you, terminate your access to the Website and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Website or assistance to others' attempting to do so; (2) overcoming software security features limiting use of or protecting any content; (3) discontinuance or material modification of the Website or any service offered on or through the Website; (4) violations of this Terms of Use; (5) failure to pay for purchases; (6) suspected or actual copyright infringement; (7) unexpected operational difficulties; or (8) requests by law enforcement or other government agencies.  You agree that the Company will not be liable to you or to any third party for termination of your access to the Website. 

If you are under 18, you may use the Website only with involvement of a parent or guardian.  The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

COMMUNICATIONS, AND OTHER CONTENT

Visitors may submit suggestions, ideas, comments, questions, or other information via the Website, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.  The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.  You grant the Company and its sublicensees the right to use the name that you submit in connection with such content, if they choose.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply.  The Company has the right but not the obligation to monitor and edit or remove any activity or content.  The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from the Company are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

The Company attempts to be as accurate as possible in its product descriptions.  However, the Company does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free.  If a product offered by the Company itself is not as described, your sole remedy is to return it in unused condition.

 
PURCHASING

To purchase any goods and/or services on the Website, you must be at least eighteen (18) years of age or the applicable state age of majority.  Prior to the purchase of any goods or services on the Website, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card.  By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.  All sales of products and services are final.  All charges from those sales are nonrefundable.

PRICING

Except where noted otherwise, the list price displayed for products on the Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice.  The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

With respect to items sold by the Company, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process.  Despite our best efforts, a small number of the items on our Website may be mispriced.  If we discover a mispricing, we will do one of the following:

• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

• If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by the Company.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE WEBSITE (INCLUDING ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE) IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS.  THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  THE MAXIMUM AMOUNT OF LIABILITY THE COMPANY SHALL HAVE TO YOU IS LIMITED TO AMOUNTS ACTUALLY PAID TO THE COMPANY BY YOU.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the Website, you agree that the laws of the State of California, without regard to principles of conflict of laws or to the United Nations Convention on Contracts for the International Sale of Goods, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company.

DISPUTES

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Sacramento, CA, except that, to the extent you have in any manner violated or threatened to violate the Company's intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing 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, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, service providers, customers, distributors, licensors, officers, directors and employees from any claim, liability, demand, cost or expense, including reasonable attorneys' fees, arising out of or related to your violation of this Terms of Use, or your violation of any law (including, without limitation, the State of California's Consumer Protection Against Computer Spyware Act or any similar and applicable state or federal legislation), regulation or third-party right.

 
WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on the Website.  These policies also govern your visit to the Website.  We reserve the right to make changes to the Website, policies, and these Terms of Use at any time.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Charming Just Charming, LLC.
8984 Brydon Way
Sacramento, CA 95826
http://www.charmingjustcharming.com