Terms of Use
Updated April 14, 2020
Terms of Use These Terms of Use govern your use of the Internet website at www.chimesgourmet.com (“Chimes Website”) which Roxy Trading Inc. (“Roxy,” “we” or “us”) owns and operates. These Terms of Use cover the services Roxy provides through the Chimes Website in connection with natural food products that are offered for sale to consumers, the information we provide to you through the Chimes Website and Roxy’s Privacy Policy (collectively the “Services”). Please read these Terms of Use carefully before using any of the Services. By using any of the Services, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, you may not use any of the Services.
Additional Terms: Some Services are subject to additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read prior to your use of that Service. By using any such Service, you agree to the applicable Additional Terms.
Minimum Age Requirements: Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
Intellectual Property Notice: Unless otherwise noted, all materials, including, without limitation, all images, illustrations, designs, photographs, video clips, written and other materials that appear as part of the Services (collectively “Content”) are copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to Roxy. Each of the Services as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to such copyright and trade dress are owned by or licensed to Roxy. All Roxy’s trademarks appearing on or as part of the Services are registered or common law trademarks owned by or licensed to Roxy. You may download, print and store selected portions of the Content only if you: (1) use these copies only for your own personal, non-commercial use; (2) do not copy or post the Content on any network or website or transmit the Content in any media whatsoever; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading. Roxy or its licensor reserves all right, title, interest and full intellectual property rights in any Content you download from the Services. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from or otherwise use the Content.
Responsibility of Visitors and Users: We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else and are not responsible for any use or effects of such content. Although we take reasonable measures to protect information about you, ultimately, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. If you set up an account on the Chimes Website, you are responsible keep information current. You are responsible for keeping your account information up-to-date and for keeping your password secure. You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Third Parties’ Software and Links: The Services may contain software of third-party service providers and links to third party-websites or Internet resources that are not owned or controlled by Roxy. Our provision of software from third parties or links to third-party websites or Internet resource is for your convenience only and does not signify our endorsement of such other website or resource or its contents. Roxy shall have no responsibility or liability for any content, information, software, materials or practices of any third-party website or Internet resource.
Disclaimer: The products and Services and all content available on or through the Services are provided on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the Services, that your use of the Services is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Services, and that Roxy shall not be liable for any damages of any kind related to your use of the Services.
Inaccuracy Disclaimer: Roxy attempts to maintain the accuracy of the information on the Chimes Website and the descriptions of its Services, Content, and other materials. However, from time to time, there may be information available on or through the Services or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Roxy reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), which may include canceling orders. No advertisement or product listing is a binding offer of sale. Roxy may, in its sole discretion, cancel any order at any time prior to shipping. As the actual colors you see will depend on your monitor, we cannot and do not guarantee that your monitor’s display of any color will be accurate.
Limitation of Liability: You understand that to the extent permitted under applicable law, in no event will Roxy or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential or exemplary damages (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Services.
Limitations: In no event will Roxy, or its suppliers, partners, or licensors, be liable with respect to the Services under the theory of contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; and/or (iii) interruption of use or loss or corruption of data on the Chimes Website. Roxy shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law
Indemnification: You agree to defend, indemnify and hold harmless Roxy and its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur arising from or relating to your (or anyone using your account’s) use of any of the Services or any violation of these Terms of Use or any applicable Additional Terms. Privacy: Please read our Cookie and Privacy Policies.
Miscellaneous: These Terms of Use and any Additional Terms, together with any other rules or guidelines posted in connection with our website, constitute the entire and exclusive and final statement of the agreement between you and Roxy with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and Roxy with respect to the subject matter hereof. The failure of Roxy to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms of Use is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of that provision, and the remainder of these Terms of Use shall continue in full force and effect.
Jurisdiction And Applicable Law: Except to the extent any applicable law provides otherwise, these Terms of Use and any access to or use of our Services will be construed, enforced and governed in accordance with the laws of the State of California, U.S.A. without regard to any choice of law provisions or conflicts of laws principles, regardless of where you live. The proper venue for any disputes arising out of or relating to the Services will be the federal and state courts located in Los Angeles County, California.
Terms of Use Changes: We reserve the right, at our discretion, to change these Terms of Use at any time. Please check this page and the link to this page from our homepage periodically for changes. Changes to these Terms of Use will go into effect on the date they are updated, which is the date at the top of this page. The new Terms of Use will apply to all current and past users of the Services and will replace any prior, inconsistent Terms of Use.