Privacy Policy

Last Updated: April 23, 2019

At Chalonne, we respect your privacy.

This Privacy Policy (“Privacy Policy”) is intended to help you understand how Chalonne (“Chalonne,” “we” or “us” ), collects and processes the information we obtain through our website (e.g., Chalonne.com), other connected services, events, and our customer relationship channels (collectively, the “Services”). This Privacy Policy describes what Personal Information (defined below) we collect, why we collect it, how we use it, when we share it with others, and what choices you can make about how we collect and use your Personal Information.

Please review this Privacy Policy carefully. By using or accessing our Services, you accept the practices set forth in this Privacy Policy. If you do not want us to collect or use your Personal Information, please do not provide it to us or access the Services.

We do not knowingly collect any Personal Information from children under 13 without verifiable parental consent. If we learn that a child under the age of 13 has submitted Personal Information online to us without parental consent, we will take reasonable measures to delete the information as soon as possible and to avoid using such information, except where necessary to protect the safety of the child or others as required or allowed by law. If you believe a child under 13 has provided us with Personal Information, please contact us at legal@chalonne.com.

Information We Collect

We collect the following information:

Information You Share with Us: “Personal Information” is information that identifies you, such as your name, email address, physical address, and telephone number. Personal Information that we collect depends on how you use the Services. For example, when you make a purchase or attempt to make a purchase, we collect certain information from you, including your name, billing address, shipping address, payment information (such as your credit card number), email address, and phone number. Providing your Personal Information to us is your choice. If you choose not to provide us with certain Personal Information, you may not be able to take advantage of certain features of the Services.

Information We Collect Automatically: When you visit the Services, we may automatically collect identifier and other information, such as your browser information, IP address, operating system information, device information, information on the date, time, length of your visit, your time zone, what websites or search terms referred you, the pages or products you view, information about how you interact with the Services, and some of the cookies installed on your device (“Online Information”).

Registering for the Services

If you register to use the Services, we may collect your Personal Information, including your name, email address, physical address, and telephone number.

If you register for the Services by connecting through another service (such as a social media or email account), you authorize us to use Personal Information from that other service to help complete your Chalonne profile. How the other service collects, uses, processes, stores, and discloses your Personal Information is governed entirely by the policies and practices of that other service. We urge you to read the terms, conditions and policies of that other service, including any notices regarding its privacy and data practices. Chalonne shall have no responsibility or liability for the privacy or data practices or other actions of any third-party provider or any other third-party site or service that may be enabled within the Services.

You may request to review, update or change your account information, including your profile and contact information, by contacting us at info@chalonne.com.

Online Identification Tools

We maintain log files that track actions occurring on your visit and collect data such as your IP address, browser type, internet service provider, date/time stamps, and referring/exit pages. We may use information from such files, including your IP address, to provide a better web experience, diagnose problems, and detect fraud.

We use cookies to track your shopping cart and for other purposes like personalizing the Services. A cookie is a small file stored by your internet browser on your computer. A “session cookie” stores temporary information that is erased when you close your web browser or turn off your computer. A “persistent cookie” allows the Services to recognize you when you return to it and is stored on your computer until you delete it. Your web browser is usually set up to initially accept cookies. If you set your browser to reject cookies, the Services will be unable to recognize your account or personalize the content you see. A “flash cookie,” also known as a “local storage object,” is not stored by your browser, unlike other cookies, and is placed on your computer by websites that use Adobe Flash. You may disable flash cookies via your Flash Player preferences or by using third-party software.

We may use web beacons (a.k.a. clear GIFs, web bugs or pixel tags) to record information about your visit, personalize your experience, and generate information about traffic and trends. Web beacons collect information, such as your browser type and IP address, and may be used alone or with cookies.

Behavioral Advertising

We may use Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. You can opt out of targeted advertising by using the links below:

Facebook: https://www.facebook.com/settings/?tab=ads

Google: https://www.google.com/settings/ads/anonymous

Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

How We Respond to Do Not Track Signals

Some browsers (such as Safari, Internet Explorer, Firefox and Chrome) include a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want his or her online activity and behavior to be tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the user. Not all browsers offer a DNT option, and DNT signals are not uniform. Many digital service operators, including Chalonne, do not recognize or respond to DNT signals.

Third-Party Features

The Services may include an activity feed and social media buttons. These features are either hosted by a third party or hosted directly on the Services, and your interactions with them are governed by the privacy policy of the third party that provides the feature.

Third-Party Links

We may provide links to third-party websites that we do not own or control. We are not responsible for the information collection practices of any website that we do not own or control. We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them.

How We Use, Process, and Disclose Your Personal Information

Chalonne may use, process, and disclose Personal Information to:

  • communicate with you;
  • fulfill your orders;
  • detect and prevent fraud, fraudulent orders and other prohibited or illegal activities;
  • process and collect your payments;
  • when in line with the preferences you have shared with us, provide you with information, advertising, and other promotional marketing material relating to Chalonne, our products, and our partners;
  • customize, analyze, adjust, and improve the Services to better meet your needs;
  • execute promotions;
  • enforce Chalonne’s agreements with you or otherwise protect Chalonne’s rights;
  • provide you with important information about the Services, such as changes to this Privacy Policy and our Terms of Use and other policies; and
  • comply with potential requests of law enforcement, data protection agencies or governmental authorities.

We also use Personal Information to improve and optimize our Services. For example, we generate analytics about how our customers browse and interact with our Services, and to assess the success of our marketing, advertising, and promotional activities. Online Information may be combined with and/or linked to other Personal Information, consistent with the purposes described above.

We may use your deidentified Personal Information and Online Information to generate anonymized, aggregated data about our users (“Anonymized Data”). We may provide third parties with Anonymized Data in describing the Services to prospective partners, marketers, advertisers and other third parties, and for any other lawful purposes. The Anonymized Data does not include any information permitting the recipient to identify or contact you.

Third-Party Service Providers

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We may retain third parties to perform functions for us, such as processing credit card payments, collecting sales tax, fulfilling orders, delivering packages, sending mail and e-mail, providing search results and links, and serving ads. These third-parties have access to Personal Information needed to perform those activities.

Acquisition of Chalonne

If part or all of Chalonne (or Chalonne’s assets) is bought, sold or otherwise transferred, or if such a transaction is under consideration, customer information may be shared for evaluation purposes and may be included among the bought, sold or otherwise transferred assets.

Blogs, Reviews and Forums

The Services also may offer blogs, forums or customer reviews. Any information you provide may be read, collected and used by others. To request removal of your Personal Information from blogs, forums or customer reviews, please contact us at info@chalonne.com. In some cases, we may be unable to remove your Personal Information.

Inviting Others

You may choose to invite someone else to use the Services by providing his or her name and email address. We may use this information to send invitations to such individuals and to track the results of such referrals. Anyone who receives an email invitation to use the Services may opt out of receiving future emails by following opt-out instructions in the email. We take reasonable steps to implement opt-out requests promptly, but those who opt out may continue to receive communications from us as we process the opt-out request, as required for order processing, and other purposes.

Retention of Personal Information

Chalonne retains Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by applicable law. When you place an order through the Services, we may maintain information regarding your purchase for our records unless and until you ask us to delete the information.

Accessing and Updating Your Personal Information and Preferences

Modifying or Deleting Your Personal Information

If you would like to modify or delete your Personal Information, please contact us at info@chalonne.com. Include clear instructions about what you would like to be modified or deleted. We will respond promptly to your request. If you tell us you do not want us to use your Personal Information to contact you, Chalonne will respect your wishes. You may also instruct us to stop sending you emails, newsletters or other information by following the "unsubscribe" instructions provided in the email. Chalonne may, however, continue to use your Personal Information to contact you to service your account or as otherwise authorized by law. If you use more than one name or e-mail address when communicating with Chalonne or using the Services, you may continue to receive communications from Chalonne to any name and/or email address not specified in your opt-out request.

Information for Visitors from California and Outside of the United States

Your California Privacy Rights

This Privacy Policy describes how we may share your information, including for marketing purposes. California residents are entitled to request and obtain from Chalonne once per calendar year information regarding any of your personal information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information and for any other questions about our privacy practices and compliance with California law, please contact us at legal@chalonne.com.

Right to Removal of Posted Information--California Minors

If you are under 18 years of age, reside in California, and have a registered account with Chalonne, you have the right to request removal of unwanted information that you publicly post on the Services. To request removal of such information, you can contact Chalonne as provided below. Upon receiving such a request, Chalonne will take steps to make sure that the information is not publicly available on the Services, but the information may not be completely or comprehensively removed from our systems and databases.

Visitors from Outside of the U.S.

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, if you are a European resident, please note that we are processing your information in order to fulfill contracts we might have with you (for example, if you make an order through the Services) or otherwise to pursue our legitimate business interests.

If you are visiting the Services from outside the United States, your information may be transferred to, stored and processed in the U.S. and Canada. Please note that data protection and other applicable laws of the U.S. and Canada may not be as comprehensive or protective as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using the Services, you consent to transfer of your information to our facilities as described in this Privacy Policy.

Information Security

We have instituted reasonable safeguards to help ensure that information collected is secure. Despite our efforts, it may be possible for third parties to access information. Without limiting the terms of our Terms of Use and this Privacy Policy, you understand that we do not guarantee that your use of the Services and/or information provided by you will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. You understand that any information provided by you or collected by us or our agents in connection with your use of the Services will be used in the manner described in our Terms of Use. Please do not use the Services if you do not agree to the terms and conditions described in this Information Security section.

If you have any questions about security of the Services, please contact us at info@chalonne.com.

Changes to our Privacy Policy

We may update this Privacy Policy to reflect changes in our practices or for other operational, legal or regulatory reasons. When we do, we will revise the “Last Updated” date at the top of this web page. The updated Privacy Policy will be effective immediately upon posting on the Services. Your continued use of the Services after the posting of the updated Privacy Policy constitutes your agreement to abide and be bound by it. If we make any material change, we will notify you prior to the change becoming effective by means of a notice on this Services or by other means, such as by email to the e-mail address specified in your account. We encourage you to periodically review this page for the latest information on our privacy practices. If you object to any modification, your recourse is to stop using the Services.

Questions About our Privacy Policy

If you have questions about this Privacy Policy, please contact us at legal@chalonne.com. You can also send us physical mail to:

Chalonne

Attention: Legal

10940 Wilshire Boulevard, Suite 1600

Los Angeles, CA 90024

 

Terms and Conditions

Last Updated: April 23, 2019

Chalonne (“Chalonne,” “we” or “us”) provides Chalonne.com and may provide other websites, including online services accessible through desktop, tablet and mobile web browsers (collectively, “Sites”), subject to these Terms and Conditions.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES, as these Terms and Conditions constitute an agreement between Chalonne and you. By using the Sites, including by purchasing any merchandise from the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to them or if you are not legally competent to agree to them, you may not use the Sites.

Chalonne offers the Sites, including all information, tools, merchandise, and services available from the Sites to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By using the Sites and/ or purchasing merchandise and/or services from us, you agree to be bound by these Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Sites, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. We may also, in the future, offer new services and/or features through the Sites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our merchandise and services to you. We reserve the right to refuse service to anyone for any reason at any time.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

These Terms and Conditions contain provisions for the resolution of claims between Chalonne and you. See the Legal Disputes section below for additional details.

Privacy & Security

See our Privacy Policy, which is incorporated here and also governs your use of the Sites. If and to the extent there is a conflict between the Privacy Policy and these Terms and Conditions, the Terms and Conditions govern.

Information security is important to us. We have established appropriate physical, electronic and managerial safeguards intended to protect the information that we collect. Chalonne reserves the right at all times to disclose any information as Chalonne deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Chalonne takes reasonable steps designed to ensure that your credit card information is encrypted during transfer over networks.

Changes and Modifications to the Terms and Conditions, our Privacy Policy, the Sites, and the Prices

Chalonne reserves the right to change these Terms and Conditions, our Privacy Policy and/or the Sites at any time. Your use of the Sites after any such change constitutes your agreement to comply with and be bound by the revised Terms and Conditions and/or Privacy Policy. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms and Conditions. We will notify you of any change to these Terms and Conditions by updating the “Last Updated” date at the top of this webpage.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Sites or the merchandise and service offerings without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the merchandise and service offerings.

Merchandise and Services

Certain merchandise or services may have limited quantities and are subject to return or exchange according to our Return Policy. We have made reasonable effort to display accurately the colors and images of our merchandise but cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right in our sole discretion to limit the sales of our merchandise or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any merchandise or services that we offer. All descriptions of merchandise or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, merchandise, services, information, or other material purchased or obtained by you will meet your expectations.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Sites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

Intellectual Property Rights

The Sites contain valuable trademarks and service marks owned and used by Chalonne, including but not limited to Chalonne and the Chalonne design logo (collectively, the “Chalonne Marks”). Any use of the Chalonne Marks without prior written permission of Chalonne is prohibited. The arrangement and layout of the Sites, including the Chalonne Marks, images, text, graphics, buttons, screenshots, digitally downloadable files, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of Chalonne.

UNAUTHORIZED COPYING, MODIFYING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, OR MAKING DERIVATIVE WORKS OF THE SITES IS PROHIBITED.

Chalonne may use or refer to third parties on the Sites, including third parties that Chalonne supports for charitable purposes or that work with Chalonne in other areas such as product development, manufacturing, or supply of content. All trademarks, service marks, and company names or logos associated with these third parties that appear on the Sites but are not owned by us are the property of their respective owners.

User-Generated Content

The Sites may permit the submission of content, such as comments and product reviews, generated by users (“User Content”).

You are solely responsible for your own User Content and the consequences of posting or publishing such User Content. Any User Content or other material that you submit to or post or publish on the Sites is non-confidential and non-proprietary. Chalonne is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content.

By submitting User Content, you represent and warrant to Chalonne that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Chalonne to use your User Content, including consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content; and (iii) your User Content does not violate Chalonne’s Acceptable Use Policy below.

As between you and Chalonne, you will retain your ownership rights in your User Content. By submitting User Content to Chalonne, you grant to Chalonne a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, reformat, prepare derivative works based upon, display publicly, and otherwise exploit (including but not limited to over the internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Chalonne (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to access, reproduce, distribute, transmit, display, and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms and Conditions.

Chalonne takes no responsibility for User Content and does not endorse any User Content or any opinion, recommendation, or advice expressed in it. Chalonne reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Chalonne has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Sites for any reason or no reason.

Social Media Tag Usage

By using #CHALONNE, #CHALONNEDESIGNS, @CHALONNE, @CHALONNEDESIGNS or any other similar social media tag in any way related to any of the Sites, you agree to provide Chalonne with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to use the uploaded image(s) and your identity in any and all marketing materials, on websites, and through social media channels. Each user represents and warrants that uploaded images do not infringe the intellectual property or other rights of any third party, including but not limited to copyrights and trademark rights.

Acceptable Use Policy

By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third-party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Chalonne all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Chalonne; (iv) impersonate any person or entity, including but not limited to, a representative of Chalonne, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that may interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission or U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about Chalonne or any person, third party or its/their products or services; (xi) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; (xii) use any device, software or instrumentality that may interfere with the proper working of the Sites; and/or (xiii) disobey or violate any regulations or any requirements, procedures, or policies of networks connected to the Sites. You also agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Chalonne reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in investigating and/or prosecuting users who participated or are suspected of having participated in such violations.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order for merchandise or services or a confirmation of an offer to sell merchandise or services. Chalonne reserves the right, without prior notification, to limit the order quantity on any item, refuse any order, and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered, and Chalonne reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders that Chalonne deems to be an improper use of the Sites will be rejected. Chalonne reserves the right, at its sole discretion, to refuse or cancel any order for any or no reason and/or to restrict or terminate your account for any or no reason.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Sites or otherwise is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Sites or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date on the Sites or on any related website, should be taken to indicate that all information on the Sites or on any related website has been modified or updated.

Third-Party Links

Certain products, services, and content available from our Sites may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

The inclusion of any link to a third party site does not imply endorsement by Chalonne of the other site or any association with the operators of such other site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any such site.

Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for mobile viewing, opt in to receive SMS (text messages) from Chalonne (as/when available) or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms and Conditions.

By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from Chalonne. By agreeing to receive SMS messages from Chalonne, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and to incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of the mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Notice to California Residents

Pursuant to California Civil Code Section 1789.3, Chalonne provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Communications with Chalonne

For all communications made to or with Chalonne, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Chalonne will have no obligation to protect your communications from disclosure; (ii) Chalonne will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Chalonne will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Indemnity

You agree to indemnify and hold harmless Chalonne, its parent, owners, subsidiaries, affiliates, officers, directors, managers, employees, agents, partners, contractors, subcontractors, successors, distributors, affiliates or third parties providing information on the Sites or via other channels from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms and Conditions or (iii) your violation of any rights of another user or any third party.

Disclaimer of Warranties

Chalonne intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided “AS IS” and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, CHALONNE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

We are not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.

Limitation on Liability

IN NO EVENT WILL CHALONNE OR ITS PARENT, OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUBCONTRACTORS, SUCCESSORS, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF CHALONNE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Chalonne is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) U.S. $100.

Legal Disputes

YOU AND CHALONNE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and one or more of Chalonne, its parent, owners, subsidiaries, affiliates, officers, directors, managers, employees, agents, partners, contractors, subcontractors, successors, distributors, affiliates or third parties providing information on the Sites or via other channels (collectively for purposes of this section, “Chalonne”) arising from or relating to these Terms and Conditions and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advance written notice of its intent to file for arbitration. Chalonne will provide such notice by e-mail to your e-mail address on file with Chalonne and you must provide such notice by e-mail to legal@chalonne.com.

During such 60-day notice period, the parties will endeavor to settle amicably any Covered Disputes through mutual discussions. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Chalonne and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Chalonne, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms of Use, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Chalonne and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Chalonne nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms and Conditions and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of California.

Termination

Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms and Conditions. You agree that Chalonne, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if Chalonne believes that you have violated or acted inconsistently with these Terms and Conditions or for any or no reason. Chalonne also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that Chalonne may bar any further access to the Sites. Further, you agree that Chalonne will not be liable to you or any third-party for any termination of access to the Sites. Following termination, you will remain liable for all amounts due up to and including the date of termination.

For instructions for deleting your account, please see our Privacy Policy.

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, and Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms and Conditions.

Right to Access

YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO SUCH TEENAGER’S USE OF THE SITES.

Outages

Chalonne periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Chalonne has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or products caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any internet service providers or otherwise.

Jurisdictional Issues

The Sites are operated by Chalonne from its offices in Los Angeles, California, U.S.A., and are intended primarily for users who reside in the United States of America. Chalonne makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Chalonne reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

General Information

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms and Conditions set forth the entire Agreement between you and Chalonne with respect to use of the Sites and supersede any prior agreements between you and Chalonne relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with Chalonne's prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Chalonne’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of Chalonne's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Chalonne with respect to such use. A printed version of these Terms and Conditions and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms and Conditions must be written in the English language. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Violations

Please report any violations of these Terms and Conditions to legal@chalonne.com.

Questions?

If you have questions, comments or complaints about these Terms or the Sites, please contact us at info@chalonne.com.

Contact

Please contact us with any questions as follows:

By Email:        info@chalonne.com

By Mail:          10940 Wilshire Boulevard, Suite 1600, Los Angeles, CA 90024

Chalonne is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. If you experience any difficulty in accessing any part of this website, please contact us and we will endeavor to provide you the information, item or transaction you seek through a communication method that is accessible for you.

If you are a member of the media and have questions about the company or would like to feature us in your publication, please email us at press@chalonne.com and we will respond promptly to your request.