Chiq TERMS OF SERVICE
Chiq LLC. ("Chiq", "us", or "we") provides in connection with the Chiq website, located at http://www.Chiq.com, and all subdirectories or subextensions thereof (collectively, the "Website") services that allow users to explore the Internet, find new websites that may be of interest to them, receive recommendations of websites from Chiq, and join a community of individuals with similar tastes and interests (the "Chiq Services"). The services offered by us include the Chiq Services, the Website, and any other features, content, or, applications offered from time to time by us in connection with the Chiq Services and Website (collectively, the "Services").
These Chiq Terms of Service ("Agreement"), along with Chiq's Privacy Policy, located at http://www.Chiq.com/privacy.html ("Privacy Policy"), set forth the legally binding terms for your use of the Services. By accessing and using the Services through the Website, you agree to comply with and be bound by this Agreement and the Privacy Policy, whether you are a "Visitor" (meaning you are simply browsing the Website) or you are a "Chiq Member" (which means that you have registered with us). The term "User" refers to a Visitor or a Chiq Member. This Agreement may be amended by Chiq from time to time. If we make material changes to the Agreement, we will send you notice of the changes by sending a message to you at your Chiq InBox accessible through your Chiq account. You agree that such amended Agreement will be effective 30 days after the notice is sent to you, and your continued access to the Website or use of the Services after that time shall constitute your acceptance of the amended Agreement.
In order to participate in our Chiq Services, you have to set up a Chiq Services profile ("Chiq Profile"), and you may be required to download content and/or agree to additional terms and conditions. If you sign up for additional services, those additional services will be governed by the additional terms and unless otherwise provided by such additional terms and conditions they are hereby incorporated into this Agreement by reference.
ORDERING
HOW DO I KNOW CHIQ RECEIVED MY ORDER
Once we have received your order, you will receive an email confirming your order. Please note this does not guarantee the merchandise is available. If merchandise is unavailable we will notify you within 24 hours and void your transaction or give you a full refund.
HOW TO TRACK THE STATUS OF MY ORDER
Once we have shipped your order, you will receive an email update with shipping details and a package tracking number. You may follow the link in the email to check the estimated arrival of your order. We try our best to ship orders within 36 hours of purchase.
CAN I CANCEL MY ORDER
To cancel an order email us at info AT chiq.com with your name and invoice number. Once an item has shipped, an order cannot be canceled.
HOW LONG DOES IT TAKE TO RECEIVE A REFUND
Once your return package is received at our warehouse, an email advising that your refund is in process will be sent. Please note it may take up to 30 days to appear on your credit card depending on your billing cycle.
DO YOU ACCEPT EXCHANGES?
At this time, CHIQ does not accept exchanges.
HOW LONG WILL IT TAKE TO RECEIVE MY ORDER?
Basic - Delivery up to 7-14 business days from date of order depending on destination address.
HOW DO I RETURN MY ORDER?
If you are not delighted with your purchase, return the item in its original condition within 14 days for a full refund. The buyer is responsible for return shipping costs.
To receive a refund based on purchase price of the item(s) and in the original form of payment:
1. all merchandise must be returned within 30 days of the original purchase date.
2. the merchandise must be in saleable condition with tickets attached.
3. Requests for price adjustments will be honored if the merchandise was purchased at full price and if it is marked down within 7 days of receipt of your package.
4. Not returnable at any time: lingerie, swimwear, antique jewelry and clothing, pierced earrings, women’s eveningwear, any order $20 or less, and any item marked Final Sale or Custom Order.
5. To return your item please return your item to the following address:
CHIQ LLC
8350 Melrose Ave. 2nd Floor
Los Angeles, CA 90069
6. Please include the original invoice or shipment notification email as your proof of purchase.
7. Please ensure that you keep a record of your package's tracking information so you can monitor your package's progress back to us. We suggest that you insure your package for the full value of the merchandise.
CAN I SHIP MY ORDER INTERNATIONALLY?
We currently do ship to Canada, Australia, and Great Britian. Domestic shipping is handled by the United States Postal Service or USPS. Domestic shipping includes the continental United States, Alaska, Hawaii, U.S. territories, and APO/FPO addresses.
1. Chiq Account
1.1 Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Chiq Profile may be deleted without warning if we have reason to believe that you do not meet eligibility requirements.
1.2 Password. When you sign up to become a Chiq Member, you will also be asked to choose a username for your Chiq Profile, and Chiq will assign a password that you may change. You are entirely responsible for maintaining the confidentiality of your password and all use of your Chiq Profile. You agree not to use the Chiq Profile, username, or password of another Chiq Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Chiq Profile or access to your password.
1.3 Fees. You acknowledge that we reserve the right to charge for the Services and to change the fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your Chiq Profile. Currently, we only charge fees if you choose to become a Sponsor, as defined and described in Section 1.6 below. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to us.
1.4 Restrictions. Multiple Chiq accounts held by the same individual are subject to termination unless expressly authorized in advance and in writing by Chiq. Accounts created with the primary intention to promote a product or service are considered "SPAM" and subject to termination unless expressly authorized in advance in writing by Chiq.
1.5 Term. This Agreement shall remain in full force and effect while you use the Services or are a Chiq Member. You may delete your Chiq Profile and end your membership at any time, for any reason by contacting us on our contact page (http://www.Chiq.com/contact). We may terminate your membership for any reason, effective upon sending notice to you at the then-current e-mail address in your Chiq Profile.
1.6 Effects of Termination. You understand that termination of this Agreement and your Chiq Profile may involve deletion of your Chiq Profile information from our live databases. We will not have any liability whatsoever to you for any termination of your Chiq Profile or related deletion of your information. Finally, when an account is terminated, we reserve the right to re-issue the username they had selected (for the now deleted account).
1.7 Sponsorship. You may choose to advertise on the Website by paying the associated fees described on the Advertise page located at http://www.Chiq.com/advertise. If you become an advertiser, you will be entitled to the additional functionality and privileges, and any additional restrictions or limitations, described at http://www.Chiq.com/advertise.
2. WEBSITE.
The Website is made available to you for your personal, non-commercial use only (at home or at work). You may not modify, reproduce, distribute, publish, license, create derivative works from or sell any information or software associated with the Website, without first obtaining written permission from Chiq by contacting us at the following email address: privacy AT Chiq.com. Furthermore, you may not use the Website in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not use the Website in an automated manner), nor may you use the Website in any manner that could interfere with any other party's use and enjoyment of the Services. You may not use any third party toolbars, software, or scripts to access the Website or the Websites underlying technology or software.
3. Intellectual Property.
3.1 Ownership.
You acknowledge that Chiq owns all right, title and interest in and to the Services, including without limitation, Website, and all underlying software and technology, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
3.2 Content.
We do not claim ownership in any "Content" (which means any and all postings, e-mails, messages, recommendations, comments, text, files, images, photos, video, sounds, works of authorship, feedback, bug reports, or other materials) that you post on, deliver to, or otherwise make available to the Services, but to be able to legally provide you with and promote the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below. In return, we also grant you certain use rights to the Content that we (or our licensors) own and use to provide the Services to you and other Users, as set forth below.
3.3 Your Content. By posting any Content on the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media or distribution method (now known or later developed) throughout the world. Additionally, by posting any Content on the Services and making your Content available to others ("Third Parties") via RSS distribution, you hereby grant to all Third Parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to copy, display, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. Other users of the Service will be able to view any Content you post to the Services, subject to your limited ability to prevent access to your Content by changing your account preferences and settings.
3.4 Restrictions. Except for that Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under this Agreement, you agree not to (i) modify, publish, transmit, distribute, perform, sell, or create derivative works based on the Content and Services; and (ii) rent, lease, loan, or sell access to the Services; (iii) decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Services for which the source code is not provided to you. You also agree to not remove, obscure, or alter Chiq's copyright notice, trademarks, or other proprietary rights notices. You will not: (i) cover or obscure the banner advertisements on your Chiq Profile page, or any Chiq page via HTML/CSS, scripting, or any other means, if any or (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
3.5 Objectionable Content. We reserve the right to remove content (including websites) that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any account posting or hosting objectionable content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a product or service.
4. Acceptable Use and Conduct
You are solely responsible for any and all Content that is published or displayed ("posted", as used herein) by or through your Chiq Profile on the Services, including any e-mail, and for your interactions with other Users.
4.1 Prohibited Content. You agree that you will not post any Prohibited Content. "Prohibited Content" includes, without limitation, Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (viii) otherwise violates the terms of this Agreement or creates liability for us. You represent and warrant that: (a) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this Agreement, and (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.
4.2 Breach. Any use of the Services in violation of this Agreement may result in, among other options, termination or suspension of your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, Chiq Profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
4.3 Enforcement by Us. We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User.
4.4 Photographs. You may not post a photograph of another person without that person's permission.
4.5 Antivirus Software. You are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies, and Chiq is not responsible for third-party websites that contain or deliver viruses, spyware, malware, or other harmful content or code.
5. Third Parties and other Users
5.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties. By choosing your preferences, you can designate types and categories of content you prefer to access, but Chiq cannot guarantee that you will only access the types and categories of information you designate. Some of the content served by Chiq will be from affiliated merchant sites. Sales that occur through these affiliated sites may generate a commission payable to Chiq.
5.2 Responsibility. Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
5.3 Third-Party Websites and Partner Communities. The Services may contain links to third-party websites ("Third-Party Websites") (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We may also place links or enable interoperability to other social networking communities ("Partner Communities") or use other means to connect the Chiq Services to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Communities, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
6. Copyright Policy
It is our policy to terminate membership privileges of any Chiq Member who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a written 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; (vi) 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 behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Chiq LLC
Attn: Copyright Agent
Chiq LLC
8350 Melrose 2nd Floor
Los Angeles, CA 90069
phone: 310-601-4553
fax: 310-601-4553
email: copyright AT Chiq.com
7. Disclaimer of Warranties
Chiq disclaims any responsibility for any harm resulting from your use of Services.
Chiq disclaims any responsibility for harm resulting from your use of the Services. The Services are provided "as is," with no warranties whatsoever. Chiq and the Chiq licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and noninfringement of proprietary rights. Chiq and the Chiq licensors disclaim any warranties regarding the security, reliability, timeliness and performance of the Services. You understand and agree that you use the Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of the Services.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
8. Limitation of Liability
8.1 Disclaimer. Under no circumstances shall Chiq be liable to any user on account of that user's use or misuse of the Services. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Chiq has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from inability to use Services, or from the interruption, suspension, or termination of Services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
8.2 Limitation. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of fifty us dollars ($50) and the amounts you paid to us in the twelve (12) months prior to the accrual of the claim.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
8.3 Release. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any of our offline events.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
9. COMMENTS.
If you have comments on Website or ideas on how to improve it, please contact us at http://www.Chiq.com/feedback Please note that by doing so, you also grant Chiq permission to use and incorporate your ideas or comments into Chiq Website without further compensation.
10. Contest Rules
1. Entrants must send entries as required in the contest announcement in order to be eligible. Entries received after the deadline set forth in the contest announcement are ineligible, null, and void. Chiq LLC will not be responsible for and will not consider incomplete or incorrect entries. Chiq LLC is not responsible for entries that are sent but not received by Chiq LLC for any reason.
2. All winners will be notified via e-mail. If the winner does not respond to the notification within five (5) business days, another winner will be chosen. Failure to respond within five (5) business days shall mean that the winner forfeits the prize.
3. Only one entry per person will be considered for contest entry unless the contest announcement specifically says that multiple entries are allowed.
4. All photos, drawings, text, and any other content or information (collectively and severally, "Materials") submitted by you to Chiq LLC shall become the sole and exclusive property of Chiq LLC, and Chiq LLC shall have no obligation to preserve, return, or otherwise make available to you or others any Materials.
Chiq LLC may use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of Materials in any and all media, whether now known or hereinafter created—throughout the world and for any purpose—without compensation to you of any kind.
5. By submitting Materials to Chiq LLC, you represent and warrant that the Materials do not infringe any copyright, trademark, property rights, rights of privacy or publicity of any person, or any other right of any third party and that you have the full and unrestricted right to transfer the Materials to Chiq LLC free and clear of any claims or encumbrances.
6. You acknowledge and agree that Chiq LLC shall have no obligation to post, display, or otherwise make publicly available any Materials submitted by you.
7. You acknowledge and agree that Materials submitted by you may be made available by Chiq LLC for viewing, rating, reviewing, and commenting by the public. You acknowledge that comments or ratings that you disagree with or are unhappy about may be published or otherwise become associated with Materials that you submit to Chiq LLC. By submitting Materials to Chiq LLC, you waive any privacy expectations that you may have with respect to the Materials.
8. You agree to hold Chiq LLC and its officers, directors, employees, agents, successors, and assigns harmless from and against—and hereby waive any right to pursue—any claims of any nature arising in connection with Chiq LLC use of the Materials submitted to Chiq LLC and used in any manner in Chiq LLC's sole and absolute discretion.
9. Contests involving evaluations of Materials submitted as part of the contest will be judged entirely in the sole and absolute discretion of Chiq LLC. Decisions by Chiq LLC are final.
10. All entrants and winners must be at least 18 years of age, unless otherwise stated or posted.
11. Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees as well as all additional costs that may be incurred.
12. Neither Chiq LLC nor its officers, directors, employees, agents, successors, or assigns shall be liable for any warranty, costs, damage, injury, or any other claims incurred as a result of the usage of a prize by any winner including but in no way limited to each and every aspect of the taking of a trip or tour as part of a contest prize. Chiq LLC is not liable for any loss arising out of or in connection with any contest promoted by Chiq LLC.
13. If the specified prize becomes unavailable for any reason, Chiq LLC in its sole and absolute discretion may substitute a prize of like or equal value.
14. A contest is null and void in any jurisdiction where prohibited by law.
15. Chiq LLC reserves the right in its sole and absolute discretion to terminate any contest at any time without prior notice.
16. Chiq LLC reserves the right in its sole and absolute discretion to alter any contest rules at any time.
17. By entering a contest, you conclusively are deemed to have agreed to be bound by these contest rules and terms and conditions as well as by any rules specific to such contest. This is an irrevocable condition of entry.
18. The following criteria apply:
a. In contests in which winners are selected at random, the odds of winning depend upon the number of entries received and cannot be determined in advance.
b. In contests in which winners are selected based upon skill or accomplishments, winners will be chosen by Chiq LLC on the merits of each entry, in Chiq LLC's sole and absolute discretion.
c. In contests in which winners are selected on the basis of being the nth person to complete a stated action, the winner shall be that person provided that he or she validly completes the action, validity being determined by Chiq LLC, in its sole and absolute discretion.
d. In contests and polls in which Chiq LLC solicits votes by the public to help decide the winner, while the results of such polls may be a considered factor in determining the winner, the winner will ultimately be selected by Chiq LLC in its sole and absolute discretion.
19. No purchase or payment of any consideration is necessary to enter the contest.
20. Except in the case of contests in which winners are selected as outlined in clause 18(c), each contest will state a deadline for entry and the date when the winner(s) will be announced. Winners of contests run in accordance with clause 18(c) will be announced the day the action is completed. A list of winner(s) may be obtained by sending a self-addressed, stamped (first-class postage) envelope to Chiq LLC and requesting the list.
21. Chiq LLC reserves the right to condition the award of prizes upon the execution by the winner(s) of a publicity release. Notwithstanding this reserved right, entry is conclusively deemed to be permission by the entrant to use the entrant's name (without compensation to the entrant) if the entrant is a winner to publicize the contest and otherwise, as determined by Chiq LLC, unless prohibited by law.
22. Chiq LLC reserves the right to require the winner to execute an affidavit of eligibility as a sworn document and provide other proof of eligibility as a condition of receipt of the prize or award.
23. Chiq LLC reserves the right to require the winner to be a legal resident of the United States, Puerto Rico or Canada to be eligible for Contests.
11. Resolution of Disputes
If a dispute arises between you and Chiq, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Chiq agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the paragraphs below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the "Comments or Questions" help page located at http://www.Chiq.com/feedback. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against Chiq must be resolved by a court located in Los Angeles, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Chiq may recover attorneys' fees and costs up to $1000, provided that Chiq has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
12. DISCLOSURES
Chiq LLC is located at 8350 Melrose, Los Angeles, CA 90069. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at http://www.google.com/search?en&q=parental+control+applications.
13. Miscellaneous Provisions
If for any reason a court of competent jurisdiction finds any provision or portion of these Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. Sections 2-5, 7, 8, 10, and 11 of this Agreement will survive any termination of this agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Agreement will be effective only if in writing and signed by Chiq.
This document was last revised January 1, 2010.