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general terms and conditions of use
Welcome to chasman.com. These General Terms and Conditions of Use govern your access
to, use of and purchase of products from the United States section of chasman.com
(the "US Site"). By using the US Site, you agree to comply with and be bound by these
General Terms and Conditions of Use. If you do not agree to these General Terms and
Conditions of Use, please do not use the US Site.
General
chasman.com is the property of CWM Solutions, an American company.
Other Site Policies
Please review our General Terms and Conditions of Sale and Privacy
Policy (collectively, the "Site Policies"). All Site Policies are incorporated in
these General Terms and Conditions of Use by this reference and, therefore, apply
to your access to, use of and purchase of products from the US Site. If you do not
agree to our Site Policies, please do not use the US Site.
Purchase for Personal Use Only
You may purchase products on the US Site only for personal use and not for resale. By
placing your order, you certify that you are purchasing products for personal use only
and not for resale and you accept YOOX General Terms and Conditions of Sale. WE RESERVE
THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
License & Site Access
The viewing, printing or downloading of any graphic, form, document or other content
from the US Site grants you only a limited, nonexclusive and nontransferable license
for use solely by you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or other use. No part of
any graphic, form, document or other content may be reproduced in any form or incorporated
into any information system, electronic or mechanical, other than for your personal use
(but not for resale or redistribution). Any unauthorized use of the US Site and its
content terminates the license granted by CWM Solutions.
You will be solely responsible for all damages and other harm resulting from your use
of the US Site and its content. CMW Solutions shall not be deemed liable for any
use of the US Site and its content made by you in violation of any applicable laws
and regulations and these General Terms and Conditions of Use.
User's Submissions
You represent and warrant that any review, comment, suggestion, idea, image, content
or other material (collectively, the "Material") you submit to CWM Solutions is legal
and does not violate any right of any third party, including privacy and intellectual
property rights.
By disclosing, submitting or offering any Material to CWM Solutions, you grant CWM Solutions
a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative work from,
distribute, display such Material throughout the world in any media.
You are and shall remain solely responsible for any Material you disclose, submit or
offer to CWM Solutions.
Privacy
We recommend that you read our
Privacy Policy, which explains our online privacy
practices.
Copyright
All content included on the US Site, such as works, images, pictures, dialogues,
music, sounds, videos, documents, drawings, figures, logos, menus, web pages,
graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods,
processes, functions and software (collectively, the "Content"), is the property
of CWM Solutions or its content suppliers and is protected by national and international
copyright and other intellectual property laws. You may not reproduce, publish,
distribute, display, modify, create derivative work from, or exploit in any way,
in whole or in part, the Content without the prior express written consent of CWM Solutions
or its content suppliers, as the case may be.
CWM Solutions and its content suppliers shall have the exclusive right to authorize or prohibit
in their sole discretion any reproduction, publication, distribution, display,
modification, creation of derivative work from, or exploitation in any way of, in
whole or in part, the Content. CWM Solutions and its content suppliers shall have the right,
at any time, to claim the authorship of any Content posted on the US Site and to
object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, creation of
derivative work from, or exploitation in any way of, the Content expressly authorized
in writing by CWM Solutions or its content suppliers shall be carried out by you for lawful
purposes only and in compliance with all applicable laws.
Copyright Complaints
We respect the intellectual property of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please provide CWM Solutions'
copyright agent the written information specified below.
• An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the US Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s address.
CWM Solutions’ copyright agent for notice of claims of copyright infringement can be
reached from the contact page.
Trademarks
CWM Solutions and chasman.com are registered trademarks and/or service marks of CWM Solutions in the
United States and/or other countries. All rights are reserved. These and any other
trademark, service mark and trade dress of CWM Solutions, including, but not limited to, any
mark that incorporates the word "CWM Solutions" or the domain name "chasman.com", may not be
used by you in any manner for any purpose without the prior express written consent
of CWM Solutions.
All other trademarks, service marks and trade dress not owned by CWM Solutions that appear on
the US Site are the property of the respective owners (the "Third Party Owners"),
who may or may not be affiliated with, connected to, or sponsored by CWM Solutions or chasman.com.
CWM Solutions and all Third Party Owners are entitled to the exclusive use of their respective
trademarks, service marks and trade dress.
You are not authorized to use any of the trademarks, service marks and trade dress
that appear on the US Site in any manner for any purpose without the prior express
written consent of CWM Solutions or the respective Third Party Owner, as the case may be.
Links to Third Party Web Sites
The US Site may provide hyperlinks to third party websites (the "Third Party
Websites"). CWM Solutions and chasman.com do not operate, control, endorse or guarantee any
Third Party Websites. You agree that CWM Solutions and chasman.com are not responsible for
any content, services and/or products provided by any Third Party Website. When
you access any Third Party Website through a hyperlink posted on the US Site, please
carefully read the terms and conditions of use and other policies of such Third Party
Website. Our General Terms and Conditions of Use and other policies do not apply to
any Third Party Website.
CWM Solutions provides hyperlinks to Third Party Websites only for the convenience of its
users. By providing hyperlinks to Third Party Websites, CWM Solutions does not recommend
that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD
PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY CWM Solutions,
EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE CWM Solutions AND CWM Solutions LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION
BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD
PARTY WEBSITES.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE US SITE IS PROVIDED BY CWM SOLUTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CWM SOLUTIONS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, CWM SOLUTIONS
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE US SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED
ON THE US SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE US SITE IS AT YOUR SOLE RISK.
CWM SOLUTIONS DOES NOT WARRANT THAT THE US SITE, ITS SERVERS OR E-MAIL SENT FROM THE US SITE
OR CWM SOLUTIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CWM SOLUTIONS DOES NOT GUARANTEE
THE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THE US SITE. YOU UNDERSTAND THAT THE
OPERATION OF THE US SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL
OF CWM SOLUTIONS. CWM SOLUTIONS AND CHASMAN.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THE US SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. 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.
Indemnificaiton
You agree to indemnify, defend and hold CWM Solutions and chasman.com harmless from any liability,
loss, claim and expense, including reasonable attorneys’ fees, arising from or related
to your use of the US Site and/or your breach of these General Terms and Conditions of
Use.
Modification
CWM Solutions reserves the right in its sole discretion to make changes to these General
Terms and Conditions of Use at any time and without specific notice to you. By using
the US Site after any such change, you agree to comply with and be bound by these
General Terms and Conditions of Use as changed. If you do not agree to these General
Terms and Conditions of Use as they may be changed from time to time, please do not
use the US Site. You should access this page periodically to review the most recent
version of these General Terms and Conditions of Use. CWM Solutions reserves the right in
its sole discretion to edit, delete or otherwise modify any documents, information or
other content appearing on the US Site.
Severability
If any provision of these General Terms and Conditions of Use is determined to be
invalid, illegal or unenforceable, the remaining provisions of these General Terms
and Conditions of Use remain in full force to the extent permitted by law.
Applicable Law/ Jurisdiction
Except otherwise expressly provided, the laws of the State of Ohio (without
giving effect to its conflicts of law principles) govern all matters arising out
of or relating to these General Terms and Conditions of Use and the other Site
Policies, including, without limitation, their validity, interpretation, construction,
performance, and enforcement. Except otherwise expressly provided, all legal
proceedings arising out of or in connection with these General Terms and Conditions
of Use and the other Site Policies shall be brought solely in the City of Cincinnati,
State of Ohio.
Headings
The headings contained in these General Terms and Conditions of Use are for
convenience of reference only and are not intended to have any substantive
significance in the construction or interpretation of these General Terms and
Conditions of Use.
Contact Information
If you have any questions regarding these General Terms and Conditions of Use,
please contact CWM Solutions.
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