cheeffy Terms of Use

These Terms of Use apply to cheeffy’s: website ("cheeffy.com"), mobile and other applications, email address and accounts, and other websites and services where these cheeffy Terms of Use are posted (collectively, the “Services”).

BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE—WHICH INCLUDE AN ARBITRATION AGREEMENT—AND CONFIRM YOUR UNCONDITIONAL ACCEPTANCE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE OR ACCESS THE SERVICES.

CORRECTION OF ERRORS AND INACCURACIES. The information provided through the cheeffy Services may contain typographical errors or inaccuracies and may not be complete or current. cheeffy reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Merchandise description, pricing and availability. cheeffy reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from cheeffy. cheeffy reserves the right to limit the order quantity on any Merchandise. In the event that Merchandise is listed at an incorrect price due to supplier pricing information or typographical error, cheeffy shall have the right to refuse or cancel orders placed for the Merchandise listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If the incorrect price or typographical error is discovered after the Merchandise has shipped, you acknowledge that you will either refuse the delivery, return the Merchandise (at cheeffy's expense). If you refuse these options, you will be charged the cheeffy price of the Merchandise as it should have been for the Merchandise in question on the day of the sale, or you may have restrictions placed on your cheeffy account. If your credit card has already been charged for the purchase and your order is canceled, cheeffy shall promptly issue a credit to your credit card account in the amount of the incorrect price.

CONTENT. The text, images, photographs, graphics, logos, illustrations, descriptions, data, information, and other material provided through the cheeffy Services, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. cheeffy may change, delete, or update any Content at any time and without prior notice.

USE OF THE CONTENT & SERVICES. Unless otherwise noted, the Content is protected by patents, copyrights, trademarks (including but not limited to service marks), and other proprietary rights that are owned by cheeffy or by third parties that have licensed their use to cheeffy. You may view and use the Content only for your personal information and for shopping and ordering through the cheeffy Services. Except as set forth above, cheeffy does not grant to you any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process, any of the Content. You may not in any way reproduce or publicly display, perform, distribute or otherwise use any of the Content for any public or commercial purpose, except for limited backup purposes where appropriate. You may not create any derivative work of the Content or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of, the Content. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Services. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

TERMINATION. cheeffy shall have the right without notice and at any time to terminate the cheeffy Services or any portion thereof (including but not limited to cheeffy.com), or any Merchandise offered through the cheeffy Services, or to terminate any individual's right to access or use the cheeffy Services.

USER COMMENTS AND SUBMISSIONS. cheeffy Privacy Policy (posted at cheeffy.com) is incorporated by reference into these Terms of Use. Except as otherwise expressly provided in the Privacy Policy, you hereby grant to cheeffy a non-exclusive, world-wide, royalty-free license to use, reproduce, disclose, publish and distribute any comments, reviews, feedback, notes, messages, ideas, suggestions or other communications, images, or other material (collectively, "Submissions") that you send to or post on the cheeffy Services (including but not limited to cheeffy.com). Such license shall include all rights and interests in all copyrights and other intellectual property rights in the Submissions. cheeffy will be entitled to use, reproduce, modify (to creative derivative works), disclose, publish and distribute in whole or in part any Submissions that you submit for any purpose whatsoever, without restriction and without compensating you in any way. Do not send to or post on the cheeffy Services (including but not limited to cheeffy.com) any Submissions which you do not wish to license to cheeffy.

You are strictly prohibited from sending to or posting through the cheeffy Services (including but not limited to cheeffy.com), any Submission(s) that: (i) contain confidential or private information (including without limitation a person's financial or medical information or a company's trade secrets); (ii) are libelous, harassing, abusive, obscene, vulgar, sexually explicit, or that are offensive or discriminatory with respect to race, gender, sexuality, ethnicity or other intrinsic characteristics; (iii) are unrelated to cheeffy's Merchandise or Services; (iv) are false or misleading; or (v) infringe or otherwise misappropriate rights of third parties, including without limitation intellectual property rights protected under copyright, trademark, or patent law.

OTHER BUSINESSES. Parties other than cheeffy operate stores or sell lines of goods and services through the cheeffy Services. In addition, the cheeffy Services provide links to the websites of affiliated companies and certain other businesses. cheeffy is not responsible for examining or evaluating, and cheeffy does not warrant the offerings of, any of these businesses or individuals or the content of their websites. cheeffy does not assume any responsibility or liability for the actions, goods, services, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Links to other websites are provided for your convenience only, and you access them at your own risk.

YOUR ACCOUNT. You are responsible for maintaining the confidentiality of your cheeffy account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

DISCLAIMER AND LIMITATION AS TO USE OF THE cheeffy SERVICES. THE cheeffy SERVICES (INCLUDING BUT NOT LIMITED TO cheeffy.COM) ARE OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY LAW, cheeffy AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE cheeffy SERVICES AND THE CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, cheeffy AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE cheeffy SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UNDER NO CIRCUMSTANCES SHALL cheeffy OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE cheeffy SERVICES, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR ANY OTHER TYPE OF DAMAGES. YOUR USE OF THE cheeffy SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW, INCLUDING THE LAW IN NEW JERSEY, MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

DISCLAIMER AND LIMITATION OF LIABILITY AS TO MERCHANDISE. If for any reason you are not entirely pleased with Merchandise you purchased from cheeffy using the cheeffy Services, simply return the Merchandise consistent with our return policy, posted at cheeffy.com. If not returnable under our return policy, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many items of Merchandise are packaged with the manufacturer's warranty (if any) and service information detailing specific terms and conditions. Learn more about returning Merchandise on cheeffy.com. PLEASE NOTE THAT CERTAIN ITEMS ARE SOLD “AS IS” OR “FINAL SALE” EXCEPT WHERE PROHIBITED BY LAW. ITEMS SOLD “AS IS” OR “FINAL SALE” CANNOT BE RETURNED OR EXCHANGED. WHEN APPLICABLE, THIS WILL BE SPECIFIED AT THE TIME OF SALE.

ALL MERCHANDISE SOLD BY cheeffy IS SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, cheeffy MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY MERCHANDISE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, cheeffy EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO MERCHANDISE SOLD THROUGH THE cheeffy SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL cheeffy, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY MERCHANDISE SOLD THROUGH THE cheeffy SERVICES. IN NO EVENT SHALL cheeffy'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE MERCHANDISE THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW, INCLUDING THE LAW OF NEW JERSEY, MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

By using the Mobile Services, you agree that cheeffy may communicate with you by auto-dialed SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to cheeffy. Your consent to receive text messages and participation in Mobile Services is not a condition for your purchasing any Merchandise. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information to ensure that the messages cheeffy intends to send to you are not sent to another person who acquires your former mobile telephone number.

ARBITRATION AGREEMENT. INSTEAD OF SUING IN COURT, YOU AND cheeffy EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and cheeffy agree that any dispute, controversy or claim between you and cheeffy which cannot be settled through the customer service department refunding your payments in full (if applicable) and which arises out of or relates to (i) these Terms of Use; (ii) any aspect of your relationship with cheeffy, including the cheeffy Services and\or your purchase or attempted purchase of Merchandise from cheeffy; (iii) any Content and\or Submissions; or (iv) cheeffy's marketing efforts, including complaints concerning unsolicited text messages, emails, push notifications, and telemarketing calls, irrespective of whether the dispute, controversy or claim arose after the termination of the relationship between you and cheeffy, the Services and\or the Mobile Services (collectively, "Claims"), shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights; provided, however, either you or cheeffy may bring an individual lawsuit in small claims court consistent with the jurisdictional and dollar limits that may apply. The arbitrator's decision and award are final and binding, with only those exceptions provided under the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. (“FAA”), and judgment on the award may be entered in any court with jurisdiction.

COPYRIGHT VIOLATIONS – DIGITAL MILLENNIUM COPYRIGHT ACT. We respect the intellectual property rights of others, and we require that the people who use our Services do the same. We may terminate the privileges of users who are repeat infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on the Services infringes upon your copyrights, you may submit written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our designated Copyright Agent by email at zara@cheeffy.com. You should include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

TRADEMARKS AND PATENTS. Certain patents, copyrights, trademarks (including but not limited to service marks), trade names, and logos used or displayed on the cheeffy Services are registered and unregistered patents, copyrights, trademarks, trade names, and logos of cheeffy or its affiliates. Other patents, copyrights, trademarks, trade names, and logos used or displayed on the Services are the registered and unregistered patents, copyrights, trademarks, trade names, and logos of their respective owners, including the developers, or their respective affiliates. Any identification of trademarks or other proprietary rights of other parties shall be in accordance with cheeffy policy, and cheeffy acknowledges the rights of such third parties. Nothing contained on the cheeffy Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any patents, copyrights, trademarks, tradenames, or logos displayed on the cheeffy Services without the written permission of cheeffy or such other owner.

THESE TERMS OF USE MAY CHANGE. cheeffy shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms of Use or to impose new Terms of Use governing the cheeffy Services (including but not limited to cheeffy.com). Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional Terms of Use on cheeffy.com. You are responsible for reviewing cheeffy.com periodically for any modification to these Terms of Use. Any access to or use of the cheeffy Services by you after notice of revisions or additions to these Terms of Use shall constitute and be deemed to be your agreement to such revisions or additions.

MISCELLANEOUS. By using the cheeffy Services (including but limited to cheeffy.com), you represent and warrant that you are of legal age to form a binding contract with cheeffy. If you are under 13 years of age, you should not use the cheeffy Services. These Terms of Use constitute the entire agreement between you and cheeffy with respect to the subject matter hereof, and they supersede all previous written or oral agreements between the parties with respect to such subject matter.