Terms and Conditions
Last revised on June 9, 2020
These terms and conditions (these "Terms") apply to accessing and using the website www.chrome hearts. com ("Website") operated on behalf of Chrome Hearts LLC ("Company", "We" or "We"), as well as any online content, tools, features, and functions provided on or through our website ("Services").
These terms apply to your access and use of the service, including any purchases you make through the service. Please read these terms carefully as they contain important information about your legal rights. By accessing and/or using the service, you agree to these terms. If you do not understand or agree to these terms, please do not use the service.
In terms of these terms, "you" and "your" refer to you as a service user. If you use services on behalf of a company or other entity, "you" includes you and the entity, and you represent and guarantee that (a) you are the authorized representative of the entity and have the authority to bind the entity to comply with these terms, and (b) you agree to these terms on behalf of the entity.
Please note that Section 9 contains arbitration clauses and class action exemptions. By agreeing to these terms, you agree to (a) resolve all disputes with us through binding individual arbitration, which means that you waive any right to have a judge or jury decide on these disputes, and (b) you waive the right to participate in class action litigation, collective arbitration, or representative litigation. As stated in Article 9, you have the right to choose to withdraw from the arbitration.
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1. Who can use the service
You must be at least 13 years old and reside in the United States or any of its territories in order to use the service. Minors under the age of 13 but within their jurisdiction may only use the service if their parents or guardians accept these terms on behalf of the minor before using the service. Children under the age of 13 are not allowed to use the service. By using the service, you declare and guarantee that you meet these requirements.
2. User accounts, subscriptions, and free trials
2.1. Create and protect your account. To use certain services, you can choose to create an account ("Account"). You agree to provide us with accurate, complete, and updated information about your account. You can access, edit, and update your account through the account settings section of the website. You are fully responsible for any activities on your account and for maintaining the confidentiality and security of your password. We are not responsible for any actions or omissions related to your account. If you know or have any reason to suspect that your account or password has been stolen, used, or otherwise leaked, or if your account is actually or suspected of unauthorized use, you must immediately privacy@chromehearts.com Notify us.
3. Product and/or Service Orders
3.1. Payment. The service may allow you to purchase certain physical products ("products") through the service. You acknowledge and agree that all information you provide regarding product purchases, including but not limited to credit card or other payment information, is accurate, up-to-date, and complete. You declare and guarantee that you have the legal right to use the payment method you provided to us or our payment processor, including but not limited to any credit card you provided when completing the transaction. We reserve the right, with or without prior notice, to (a) suspend, modify, or limit the available quantity of any product, and (b) refuse any user to purchase any product or deliver such product to the user or their designated address. When you purchase a product, you (a) agree to pay the full purchase amount specified in the applicable service for such product, and (b) authorize us to collect the full purchase amount through your credit card or other payment method. Unless otherwise specified, all currency references are in US dollars. All fees and charges shall be paid in accordance with the payment terms in effect when the fees or charges become payable. Payment can be made through credit card, debit card, or other methods we may provide. Until full payment is received, the order will not be processed, and any withholding of your account by any payment processor will be your own responsibility.
3.2. Promotion Code. We may provide certain promotional codes, recommendation codes, discount codes, coupon codes, or similar discounts ("promotional codes") that can be redeemed for discounts on future products or other features or benefits related to the service, subject to any additional terms established by the company. You agree that the promotional code: (a) must be used in a legal manner; (b) Must be used for the intended audience and purpose; (c) Not to be copied, sold, or transferred in any way, or provided by you to the public (whether posted on public forums, coupon collection services, or otherwise), unless expressly permitted by the company; (d) May be prohibited or subject to additional conditions by the company at any time for any reason, and the company shall not be held responsible; (e) Can only be used according to specific terms established by the company for such promotional codes; (f) Not applicable to cash or other points or points;
3.3. Product Information. We strive to accurately describe and showcase the product. However, we do not guarantee or guarantee that the product description is accurate, complete, reliable, up-to-date, or error free. The specific settings and technical specifications of the device you are viewing may affect the accuracy of the product and its color display. Any information regarding size and size is inaccurate and provided for convenience only. If the product does not match the description in the service, your only remedy is to return it in an unused state.
3.4. Product availability. Any product purchased through services at a specific time does not imply or guarantee that the product will be available at any other time. Due to inventory changes or delayed service updates, products displayed as available may become unavailable.
3.5. Changes and Pricing. The company may modify or change the pricing, availability, specifications, content, description, or functionality of any product at any time. We reserve the right to change the product prices displayed on the service at any time and correct any pricing errors that may occur unintentionally (as well as to cancel any orders purchased due to pricing errors at our discretion). All such changes should take effect immediately after publishing such new quotes to the service and/or making customers aware of pricing errors.
3.6. Order acceptance; Transportation Once we receive your product order, we will provide you with an order confirmation. However, your receipt of order confirmation does not mean that we have accepted your order, nor does it constitute confirmation of our sales offer; We are just confirming that we have received your order. We reserve the right to accept or reject your order for any reason at any time after receiving it. If we cancel the order after you receive the bill, we will refund the bill amount. After we deliver to our carrier, the ownership and risk of loss of any purchased physical products will be transferred to you. We reserve the right to ship a portion of the order (you do not need to pay additional fees), and any portion of the order that is partially shipped may be charged during shipping. All orders are shipped using one of our third-party courier companies. Our courier company website (such as FedEx) may provide online tracking services, but we do not guarantee its availability as it is not under our control. Although delivery may be arranged at the designated arrival time, we cannot guarantee delivery on any specific date or time.
3.7. Return, Refund, and Exchange Policies. Our return, refund, and exchange policies for service products can be accessed on general websites, and their terms and conditions are incorporated by reference into these terms as if they were fully stipulated in these terms.
3.8. Do not deliver to children. In order to promote our policy of not collecting personal information of individuals under the age of 13, users are not allowed to provide any personal information of individuals under the age of 13 to the company for delivery or transportation purposes or for any other reason.
4. Location of our privacy policy and other applicable policies
4.1. Privacy Policy. Our privacy policy describes how we handle the information you provide us when using the service. For an explanation of our privacy practices, please visit our privacy policy at www.chrome hearts. com/privacy.
4.2. Disclosure of California Supply Chain Transparency Act. Accessible https://www.chromehearts.com/disclosure Visit our California Supply Chain Transparency Act disclosure.
5. The rights we grant you
5.1. License Grant. Subject to your compliance with these terms, the company hereby grants you a personal, global, royalty-free, non-transferable, non sublicensible, non transferable, and non-exclusive license to use the services provided to you as part of the software. The sole purpose of this license is to enable you to use and benefit from our services in the manner permitted by these terms and subject to the usage restrictions described below. Your access and use of the service may be interrupted from time to time due to various reasons, including but not limited to equipment malfunctions, regular updates, maintenance or repair of the service, or other actions taken at the company's discretion, and you may choose to take it.
5.2. Restrictions on your use of the service. You are not allowed to perform any of the following operations unless applicable laws or regulations prohibit these restrictions or you have obtained our written permission:
(A) . Download, modify, copy, distribute, transmit, display, execute, copy, copy, publish, license, create derivative works, or offer to sell any information included in, obtained from, or obtained through the service;
（2） Copy, decompile, reverse engineer, disassemble or decode services (including any potential ideas or algorithms), or attempt to do anything similar;
(C) . Use, copy or delete any copyright, trademark, service mark, trade name, slogan, logo, image or other proprietary symbol displayed on or through the service;
（4） Using automated software (robots), hackers, modification (modules), or any other unauthorized third-party software aimed at modifying services;
(e) Using the service for any commercial purpose, including but not limited to disseminating or promoting any commercial advertising or solicitation;
(F) . Access or use the Services in any way that may disable, overload, damage, disrupt or impair the Services, or interfere with any other party's access or use of the Services or devices, software, or routines that result in the same situation;
(G) . Attempting to access, interfere with, damage or disrupt services, accounts registered by other users, or computer systems or networks connected to services without authorization;
(H) . Any technical measures or content protection that circumvent, delete, modify, deactivate, reduce or obstruct the service;
(I) . Use any robot, spider, crawler, or other automated device, process, software, or query to intercept, "mine," crawl, or otherwise access services to monitor, extract, copy, or collect information or data from or through services,
(j) Or participate in any manual process to do the same thing; Introduce any virus, Trojan horse, worm, logic bomb, or other malicious or technically harmful materials into our system;
(k) Using services for illegal, harassing, unethical, or destructive purposes; Violate any applicable laws or regulations related to your access or use of the service; perhaps
(l) Access or use the service in any way not explicitly permitted by these terms.
6. Ownership and Content
6.1. Ownership of Services. Services, including their "appearance and feel" (such as text, graphics, images, logos), proprietary content, information, and other materials, are protected by copyright, trademark, and other intellectual property laws. You agree that the company and/or its licensors have all rights, ownership, and interests in the services (including any and all intellectual property rights therein), and you agree not to take any action that is inconsistent with such ownership interests. We and our licensors reserve all rights related to the services and their content, including but not limited to the exclusive right to create derivative works.
6.2. Ownership of Trademarks. The name and logo of the company, as well as all related names, logos, product and service names, designs, and slogans, are trademarks of the company or its affiliates. Other names, logos, product and service names, designs, and slogans appearing on the service are the property of their respective owners, who may be associated with us, affiliated with us, sponsored by us, or not affiliated with us.
6.3. Ownership of Feedback. We welcome feedback, comments, and suggestions on improving our services ("feedback"). You acknowledge and expressly agree that any contribution made by the feedback will not and will not give or grant you any right, ownership, or interest in the service or any such feedback. All feedback becomes the sole property of the company, and the company may use and disclose it in any way and for any purpose without prior notice or compensation, and you do not retain any ownership or other rights or claims. You hereby transfer to the company any and all rights, ownership, and interests (including but not limited to any patents, copyrights, trade secrets, trademarks, display know-how, proprietary technology, moral rights, and any and all other intellectual property rights) that you may possess.
7. Third Party Services and Materials
7.1. Use third-party materials in the service. Some services may display, include, or provide content, data, information from third parties Application or Materials ("Third Party Materials") Or provide links to certain third-party websites. By using the service, you acknowledge and agree that the company is not responsible for inspecting or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, legitimacy, quality, or any other aspect of such third-party materials or websites. We do not guarantee or acknowledge any third-party services, third-party materials, or third-party websites, or any other materials, products, or services, nor do we assume or assume any responsibility or obligation towards you or any other party. Links to third-party materials and other websites are provided for your convenience only. If you have any complaints about any third-party materials or websites, please contact such third parties directly,
8. Disclaimer, Limitation of Liability, and Compensation
8.1. Disclaimer. Your access and use of the service is at your own risk. You understand and agree that the service is provided to you on an "as is" and "available" basis. Without limiting the above provisions, to the fullest extent permitted by applicable law, the Company, its parent companies, subsidiaries, related companies, officers, directors, employees, agents, representatives, partners, and licensors ("Company Entities") disclaim all express or implied warranties and conditions of merchantability, fitness for a specific purpose, or non infringement. The company entity makes no warranties or representations, and disclaims all responsibilities and obligations regarding (A) the completeness, accuracy, availability, timeliness, safety, or reliability of the services; (B) Any damage, data loss or other damage caused to your computer system due to your access or use of the service; (C) Operation or compatibility with any other application or any specific system or device; (D) Will the service meet your requirements or be available on an uninterrupted, secure, or error free basis. Without any oral or written advice or information obtained from company entities or through services,
8.2. Limitation of Liability To the extent not prohibited by law, you agree that in no event shall the company entity be liable for (A) any type of damage, including direct, indirect, special, punitive, incidental Consequential or punitive damages (including but not limited to procurement, use, loss of data or profits, business interruption, or any other damages or losses related to your use or inability to use the service), whether arising from any liability theory, whether under these terms or in any way related to the service or these terms, whether in the contract In strict liability or tort (including negligence or other aspects), even if the company entity has been informed of the possibility of such damage, or (B) for any other claim, any demand or damage arising out of or related to the delivery, use, or performance of this clause or service. Some jurisdictions (such as New Jersey) do not allow the exclusion or limitation of incidental or secondary damages, so the above exclusion or limitation may not apply to you. The total liability of the company entity to you for any damages ultimately determined shall not exceed one hundred US dollars ($100.00), or the amount (if any) you have paid to the company entity for the services (or products purchased on the services) within the past six (6) months, resulting in a claim. Even if the above remedial measures fail to achieve their basic purpose, the above limitations will still apply. Some jurisdictions (such as New Jersey) do not allow the exclusion or limitation of incidental or secondary damages, so the above exclusion or limitation may not apply to you. The total liability of the company entity to you for any damages ultimately determined shall not exceed one hundred US dollars ($100.00), or the amount (if any) you have paid to the company entity for the services (or products purchased on the services) within the past six (6) months, resulting in a claim. Even if the above remedial measures fail to achieve their basic purpose, the above limitations will still apply. Some jurisdictions (such as New Jersey) do not allow the exclusion or limitation of incidental or secondary damages, so the above exclusion or limitation may not apply to you. The total liability of the company entity to you for any damages ultimately determined shall not exceed one hundred US dollars ($100.00), or the amount (if any) you have paid to the company entity for the services (or products purchased on the services) within the past six (6) months, resulting in a claim. Even if the above remedial measures fail to achieve their basic purpose, the above limitations will still apply.The total liability of the company entity to you for any damages ultimately determined shall not exceed one hundred US dollars ($100.00), or the amount (if any) you have paid to the company entity for the services (or products purchased on the services) within the past six (6) months, resulting in a claim. Even if the above remedial measures fail to achieve their basic purpose, the above limitations will still apply. The total liability of the company entity to you for any damages ultimately determined shall not exceed one hundred US dollars ($100.00), or the amount (if any) you have paid to the company entity for the services (or products purchased on the services) within the past six (6) months, resulting in a claim. Even if the above remedial measures fail to achieve their basic purpose, the above limitations will still apply.
8.3. Compensation. By signing these terms and accessing or using the Services, you agree to defend, indemnify, and hold the Company Entity harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including legal fees and expenses) incurred by the Company Entity as a result of or in connection with: (a) Your violation or breach of any provision of these terms or any applicable law or regulation; (b) You infringe any rights of any third party; (c) You access or use the service; (d) Your negligence or intentional misconduct.
9. Immunity from Arbitration and Class Litigation
Firstly, there is an informal process. You agree that if there is any dispute between you and the company entity, you will first contact the company and continue to work in good faith to resolve the dispute before resorting to more formal resolution methods, including but not limited to any court proceedings.
9.2. Arbitration Agreement and Exemption from Class Litigation. After the informal dispute resolution process, any remaining disputes, controversies, or claims related to your use of company services and/or products (including services) (collectively referred to as "claims") will be resolved through arbitration, including the arbitrability of threshold claims. You and the company agree that any claim will be resolved by JAMS through final and binding arbitration in English in accordance with the then effective comprehensive arbitration rules and procedures (the "JAMS Rules") (these rules are deemed to be incorporated by reference into this section and as of the date of these clauses). The arbitration will be handled by a sole arbitrator in accordance with the JAMS rules. The judgment of the arbitration award may be made in any court with jurisdiction. Any arbitration under these terms will be conducted on an individual basis - collective arbitration and litigation are not allowed. You understand that by agreeing to these terms, you and the company each waive the right to a jury trial or participate in class litigation or arbitration. Despite the above provisions, before the arbitrator makes a final decision, you and the company will have the right to file a lawsuit in a court of appropriate jurisdiction to obtain injunctions or other equitable or conservatory remedies. You can file your claim in the "Small Claims" court instead, provided that your claim meets the conditions, your claim is still in such courts, and your claim is still based on individuals, non representatives, and non collectives.
9.3. Arbitration fees. Any and all reasonable JAMS filing, administrative, and arbitration fees will be paid in accordance with JAMS rules. If the value of your claim does not exceed $10000, the company will pay reasonable filing fees, administrative fees, and arbitrator fees related to the arbitration, unless the arbitrator finds that the content of your claim or the relief sought is boring or for improper purposes.
9.4. Select Exit. You have the right to opt out and not be bound by the arbitration clause specified in this clause by sending written notice of your decision to the US mailing address or email address listed in the "How to Contact Us" section of this clause. This notice must be sent to the company within thirty (30) days after you register to use the service or agree to these terms, otherwise you will be obligated to arbitrate the dispute in accordance with these terms. If you choose to withdraw from these arbitration clauses, the company will also not be bound by them.
10. Additional terms
10.1. Text messages and phone calls Some parts of the service may allow us to contact you via phone or text message. You agree that the company may contact you or provide any phone number related to your use of the service, including for marketing purposes, by phone or text message (including through an automatic telephone dialing system) or on your behalf. You understand that you do not need to use this consent form as a condition for purchasing any products. You also understand that you can choose not to receive our messages at any time by sending the word "stop" back to the number you sent the message to, or by following the instructions in "How to contact us" to contact us. If you do not choose to exit, we may contact you in accordance with our privacy policy.
10.2. Update these terms. We may modify these terms from time to time, in which case we will update the "final revision" date at the top of these terms. If we make significant changes, we will make reasonable efforts to try to notify you, such as by email and/or placing prominent notices on the website homepage. However, it is your responsibility to review these terms from time to time to view any such changes. The updated terms will take effect at the time of publication or on a later date specified in the updated terms. If you continue to access or use the service after the modification takes effect, it will be deemed that you accept the modified terms.
10.3. Termination of License and Your Account. If you violate any of these terms, all licenses granted by the company will automatically terminate. In addition, the company may suspend, disable, or delete your account and/or services (or any part of them) with or without notice for any reason or without notice. If the company deletes your account due to your suspected violation of these terms, you are prohibited from re registering for the service under a different name. All parts that, by their nature, should continue to be in full force and effect after the termination of this clause shall continue to be in full force and effect even after the termination of this agreement by the company or you. Termination will not limit any other rights or remedies of the company at law or in equity.
10.4. Injunctive Relief. You agree that violating these terms will cause irreparable harm to the company, and monetary compensation for this will not be sufficient remedies, and the company has the right to equitable remedies and any remedies it may not require under this agreement or at law, other guarantees or proof of damage.
10.5. Residents of California. If you are a resident of California, according to Cal. Civilization. Code § 1789.3, you can report your complaint to the Complaint Assistance Department of the Consumer Services Department of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or contact them by phone at (800) 952-5210.
10.6. Various If any provision of these provisions is illegal, invalid, or unenforceable for any reason, then the provision shall be deemed separable from these provisions and shall not affect the validity and enforceability of any other provisions. These terms and the licenses granted herein may be transferred by the company, but you may not transfer them without the company's prior express written consent. Any waiver by either party of any breach or default under this Agreement shall not be deemed a waiver of any previous or subsequent breach or default. The chapter titles used here are for reference only and should not be construed as having any legal effect. The service is operated by us in the United States. Those who choose to access services from outside the United States voluntarily do so and are responsible for complying with applicable local laws. These provisions are governed by the laws of the State of California, without regard to conflict of laws rules. The appropriate venue for any dispute arising from or related to any provision will be the place of arbitration specified in Article 9, or if these do not apply, the state and federal courts located in Los Angeles, California. You and the company agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or interpretation of these terms. The appropriate venue for any dispute arising from or in connection with any of the above shall be the place of arbitration specified in Article 9, or if these do not apply, the state and federal courts located in Los Angeles, California. You and the company agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or interpretation of these terms. The appropriate venue for any dispute arising from or in connection with any of the above shall be the place of arbitration specified in Article 9, or if these do not apply, the state and federal courts located in Los Angeles, California. You and the company agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or interpretation of these terms.
10.7. How to contact us. You can contact us at 915 N. Mansfield Ave., Hollywood, CA 90038, phone+1 (855) 565-0542, or email regarding the service or these terms privacy@chromehearts.com .
