WEBSITE TERMS AND CONDITIONS + PRIVACY POLICY
These terms of use were last updated March 2019
The following terms and conditions (the “Terms of Service” or “Agreement”) constitute an agreement between you, whether as a casual visitor or a registered user (“user”, “you” or “your”), and CG DESIGN LLC and its affiliates, successors and assigns (“Chloe Gosselin”, “us”, “our” or ‘we”), the owner and operator of the www.chloegosselin.com website and all content and features contained therein (collectively, the “Site”) as well as any related mobile applications, e-mail notifications, newsletters, blogs, products or any other services provided by us (collectively, the Services”). This Agreement your use of the Site and Services as well as your purchases and use of products available through the Site or Services. BY ACCESSING THE SITE, UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. Please read this Terms of Service Agreement carefully, as it contains important information regarding your legal rights and remedies.
User Accounts and Eligibility
The Site and Services are available only to users who can form legally binding contracts under applicable law. By using the Site or Services, you represent and warrant that you are at least eighteen (18) years of age.
[In order to access or use some of the features of the Site or Services, you will be required to fill out our sign up form and create a user account. You represent and warrant that all information you submit is accurate, current and complete, and that you will keep your user information accurate, current and complete. You are solely responsible for the activity that occurs on your user account, whether authorized by you or not. Chloe Gosselin will not be liable for any loss you incur due to any unauthorized use of your user account. Chloe Gosselin in its sole discretion, reserves the right to reject or change the name of any user Account that violates any intellectual property, moral, or other rights of individuals and/or entities or violates our Terms of Service.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your user account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
Our Content and Grant of Limited License
All content available through this Site or Services (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Chloe Gosselin, its principals, licensors or content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.
Chloe Gosselin grants you a limited license to access and make personal use of this Site or Services. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site or Services for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Chloe Gosselin or its principals, licensors or content providers retain full and complete title to the content available on the Site or Services, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Chloe Gosselin’s sole discretion. Chloe Gosselin strictly prohibits any other use of any content available through the Site, including but not limited to:
any downloading, copying or other use of the content or the Site for purposes competitive to Chloe Gosselin or for the benefit of another vendor or any third party;
any caching, unauthorized linking to the Site or the framing of any content available on the Site;
any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
any action that imposes or may impose (in Chloe Gosselin’s sole discretion) an unreasonable or disproportionately large load on Chloe Gosselin’s infrastructure, or damage or interfere with the proper working of our infrastructure.
User Content
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. [You may not upload to, distribute or otherwise publish through this Site or Services any content that:
is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
may contain software viruses or malware;
contains advertisements or solicitations of any kind, or other commercial content;
is designed to impersonate others;
contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
contains messages by non-spokesperson employees of Chloe Gosselin purporting to speak on behalf of Chloe Gosselin or containing confidential information or expressing opinions concerning Chloe Gosselin;
contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
contains multiple messages placed within individual folders by the same user restating the same point;
contains chain letters of any kind; or
contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
With respect to any content you submit or make available through the Site, you grant Chloe Gosselin a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Chloe Gosselin.
Termination
We reserve the right to [refuse or cancel any person’s registration for this Site, remove any person from this Site and] prohibit any person from using the Site or Services for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Chloe Gosselin may be entitled, at law or in equity.
Copyright Infringement
Chloe Gosselin has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You are hereby informed that Chloe Gosselin has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or Chloe Gosselin members who are repeat copyright infringers. Chloe Gosselin may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Chloe Gosselin’ Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and, if available, email 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Chloe Gosselin’s agent for notice of claims of copyright or other intellectual property infringement can be reached via mail at the following address:
Chloe Gosselin
3650 W. Russell Road
Las Vegas, NV 89118
Links to Third-Party Websites
The Site or Services may contain links to third-party websites that are not owned or controlled by Chloe Gosselin. These links are provided solely as a convenience to you and do not constitute an endorsement by Chloe Gosselin of the content on such websites nor of the business practices of those operating those websites. Chloe Gosselin has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Chloe Gosselin is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, OR AS REQUIRED BY APPLICABLE LAW, A MOI MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THE SITE OR SERVICES, ANY CONTENT ON THE SITE OR SERVICES, OR ANY PRODUCTS PURCHASED THROUGH THE SITE OR SERVICES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. A MOI DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation Of Liability
THE PROVIDERS WHOSE PRODUCTS ARE AVAILABLE ON THE CHLOE GOSSELIN SITES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF A MOI. A MOI IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE OR SERVICES AND PURCHASE AND USE OF THE PRODUCTS AVAILABLE THROUGH THE A MOI SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER A MOI NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (“A MOI GROUP”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE OR SERVICES, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS MADE AVAILABLE OR PURCHASED THROUGH THE A MOI SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (4) ANY DELAY OR INABILITY TO USE THE SITE OR SERVICES OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF A MOI GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER A MOI NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH A MOI IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND A MOI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity
To the maximum extent permitted by applicable law, by accessing and using the Site you agree to defend, indemnify and hold Chloe Gosselin, its subsidiaries, affiliates, partners, agents, licensors, consultants, experts, directors, officers, employees and other parties with which Chloe Gosselin is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from: (i) your use of and access to the Site or Services; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right; (iv) fraud you commit, or your intentional misconduct or gross negligence; (v) your violation of any applicable U.S. of foreign law or the rights of a third party. Chloe Gosselin will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Chloe Gosselin. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Site or Services.
General
Miscellaneous. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. These Terms of Use constitute the entire agreement and understanding between you and Chloe Gosselin with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Governing Law/Dispute Resolution. This Agreement shall be governed by the laws of the State of Nevada, without giving effect to any principles that may provide for the application of the laws of another jurisdiction. Any controversy or claim (except those regarding intellectual property) arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided however, that each party will have a right to seek injunctive or other equitable relief in a court of law. The prevailing party will be entitled to receive from the non prevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues. user hereby consents to the arbitration in the State of Nevada.
Non-Assignment. You may not assign or transfer its rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent.
Modifications to this Agreement. You acknowledge and agree that Chloe Gosselin may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes
Notices. For contractual purposes, user consents to receive communications from Chloe Gosselin in electronic format and agrees that all communications electronically received from Chloe Gosselin will satisfy the legal requirement that such communications be in writing, if any. The foregoing does not affect user’s statutory rights.
Force Majeure. Chloe Gosselin shall be excused from performance under these Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Chloe Gosselin. In the event that Chloe Gosselin is temporarily unable to ship to you a purchased item because of such an event, Chloe Gosselin will give you the option of deferring shipment or receiving a refund of your charges.