Terms of Use

Please read our TERMS OF USE Agreement (herein referred to as the “Agreement”) carefully before using this website (herein referred to as “Chickadees-Designs.com”). By using and/or accessing this site, you hereby agree to be bound by the terms and conditions of this Agreement. If you do not agree to all terms in the following Agreement, please do not use and/or access the Chickadees-Designs.com website or Products sold by Chickadee’s Designs, LLC

CHANGES/TERMINATION:

Chickadee’s Designs LLC reserves the right to change all or part of this Agreement as necessary at our discretion. It is your responsibility to review this Agreement prior to using Chickadees-Designs.com website. Continued use of this website following any changes will affirm your acceptance of those changes.

PROPIETARY INFORMATION:

The use of Chickadee’s Designs logo, images, trademarks, or any other content and materials available via the Chickadees-Designs.com website is proprietary information and may not be republished, reproduced, copied, posted, displayed or distributed in any way whatsoever without express written permission of Chickadee’s Designs LLC.

REGISTRATION:

By choosing to register or create an account with Chickadees-Designs.com website, you concede that;

  1. You are at least 18 years of age with the ability to enter into a legally binding contract.
  2. Information provided is true, accurate and complete and that you will maintain and/or update information as necessary in effort to ensure accuracy and completeness at all times.
  3. You will be responsible for keeping any usernames and passwords confidential as well as accept responsibility for all activities and/or transactions occurring within your account.
  4. You will notify Chickadee’s Designs immediately of any unauthorized access to your account or any other breach of security. Chickadee’s Designs LLC shall not be held liable for any loss and/or damage due to failure to abide by these Terms .

Chickadee’s Designs LLC may terminate your use or access of the Chickadees-Designs.com website at any time based on its sole discretion and without prior notice. As the result of such termination, you agree that Chickadee’s Designs LLC shall not be held liable to you or any third party and will not be required to make any information or files available to you following such termination.

UNAUTHORIZED ACTIVITIES:

By using the Chickadees-Designs.com website, you agree to abide by any and all laws, rules and regulations. You may not use Chickadees-Designs.com website to post, transmit, email, upload or otherwise make available;

  1. Any content that may be deemed (a) Unlawful or Fraudulent , (b) Threatening, Harassing or Intimidating, (c) Libelous or Defamatory, (d) Obscene or Vulgar, (e) Invasive of another person’s privacy
  2. Any program, file and/or computer code intended to damage, disable, disrupt or in any way interfere with the operation of (including monitoring) any hardware, software or telecommunication equipment.
  3. Any unsolicited or unauthorized advertisements, promotional materials, or ‘Spam’.
  4. Any personal or non-public information of another individual or company without proper authorization or consent.

Additionally, you may not;

  1. Use Chickadees-Designs. Com website to stalk, harass, abuse, threaten, or otherwise violate the legal rights of others.
  2. Collect or harvest any information regarding the users of Chickadees-designs.com website.
  3. Misrepresent or impersonate any individual or entity, including affiliations with individuals/entities.

Chickadee’s Designs LLC reserves the right to refuse or remove any content and/or materials violating this Agreement.

ERRORS & AVAILABILITY:

Chickadee’s Designs LLC reserves the right to (with or without notice);

  1. Refuse service and/or restrict access to any user or customer
  2. Change product descriptions, images and/or availability

Product pricing, description, images and availability are subject to change at any time with or without notice.  Chickadee’s Designs LLC shall not be held responsible for any errors in pricing, descriptions or the discontinuance of any products or services.  In the event that an error with product information or price occurs, Chickadee’s Designs LLC reserves the right to refuse and/or cancel any orders placed for that product.

SHIPPING:

All orders placed through Chickadees-Designs.com are subject to our Shipping Policy. You may view this policy HERE. Additionally, you agree to pay any and all charges incurred on your behalf through Chickadees-Designs.com website, including but not limited to shipping, handling as well as applicable taxes.

DISCLAIMER:

Use of Chickadees-Designs.com website is at your own risk. Our website is provided on an “AS IS” or “AS AVAILABLE” basis and our affiliates, officers, employees, partners, licensors, agents and/or subsidiaries make no warranties (express or implied) of any kind. This includes, but is not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Chickadee’s Designs LLC as well as our affiliates, officers, employees, partners, licensors, agents and/or subsidiaries make no warranties (where applicable by law);

  1. That our products, services or software shall remain uninterrupted, timely, secure or error free
  2. That our products, services or software will meet your requirements and/or expectations
  3. That results obtained from use of website, products or services will be accurate or reliable
  4. That defects or errors on any material on or available via the Chickadees-Designs.com website will be corrected

LIMITED LIABILITY:

You hereby acknowledge, understand and agree that in no circumstance shall Chickadee’s Designs LLC (including our affiliates, officers, employees, partners, licensors, agents and/or subsidiaries) shall be liable for any direct, indirect, incidental, special or consequential damages that may occur and/or result from (as applicable by law);

  1. The use or inability to use Chickadees-Designs.com website, products or services.
  2. Any unauthorized access to or alteration of your transmissions, data or any materials submitted and received or not submitted or received.
  3. Statements or conduct of any other party.
  4. Costs of procuring substitute goods or services

INDEMNIFICATION:

You agree to Indemnify and hold harmless Chickadee’s Designs LLC from any and all claims, actions or other proceedings related to or arising from;

  1. Your use or inability to use Chickadees-Designs.com website
  2. Any violations of this Agreement or other terms, conditions and/or policies set forth by Chickadee’s Designs LLC made by you or through any account associated with Chickadee’s Designs.com
  3. Any transaction, submission or transmission made by you or a third party on your behalf including, but not limited to allegations that materials and information made available via Chickadees-Designs.com violate the rights of a third party

You hereby agree to be held responsible for and reimburse at the request of Chickadee’s Designs LLC any costs, losses, damages, fees, fines, judgments or any other expenses incurred as a result of any Claim/s.

JURISDICTION:

You hereby acknowledge, understand and agree that this Agreement shall be governed by the laws of the State of North Carolina without regard to the conflict of law provisions. You also agree that any and all disputes, claims or actions arising from or relating to this Agreement shall be filed and/or resolved only in the jurisdiction of the county of Wake, State of North Carolina, USA. You hereby consent to submit to the aforementioned jurisdiction and waive any and all objections to the jurisdiction of such courts.

STATUTE OF LIMITATIONS:

You hereby agree that any claims, disputes or actions arising from or related to the use of our products or services must be filed within 1 (One) year.

OTHER:

If at any time any parts of this Agreement shall be deemed invalid, unlawful, null/void or in any way unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

You hereby agree, acknowledge and understand that your rights and obligations under this Agreement are non-transferrable. This Agreement does not constitute any partnership, agency, employer/employee or franchisor/franchisee relationship between you and Chickadee’s Designs LLC and shall not be construed as such. This agreement supersedes any and all previous agreements (including but not limited to written and oral agreements or understandings) between you and Chickadee’s Designs LLC.

For any questions or concerns regarding this Agreement, please contact us at:

info@chickadees-designs.com

UPDATED 2/8/15