Last Updated: February 1, 2017
THESE TERMS GOVERN YOUR USE OF OUR SERVICES
You may be required to register with Chai in order to access certain services or areas of a Service. If you are under the age of thirteen (13), then you are not permitted to register as a user, or otherwise use any Service or submit personal information to us. If you are register with Chai City, we may not be able, or we may refuse, to provide you the user name you request. Your user name and password are for your personal use only. If you use a Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. In addition to all other rights available to Chai, we reserve the right, in our sole discretion, to terminate or suspend your account, refuse service to you, or cancel orders or Services.
For all mobile or website applications that require registration or a login, you agree to complete the initial registration process according to Chai requirements stated on the registration page, and to provide Chai with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and address, email address, and appropriate telephone contact numbers.
It is your responsibility to promptly notify your bank of any changes to your billing information or the loss, theft, or unauthorized use of your credit card or debit card number. You are also responsible for updating your registration information and your credit card or debit card information, as necessary, if you wish to utilize the certain Services.
If you learn of unauthorized use of your password or account, please contact Chai immediately here.
DIGITAL COUPONS; PROMOTIONS
INTELLECTUAL PROPERTY RIGHTS
In using the Services, you agree to respect the intellectual property and other rights of Chai and others. Your unauthorized use of Content (as defined below) may violate copyright, trademark, privacy, publicity, and other laws, and any such use may result in your personal liability. All rights not expressly granted to you are reserved by Chai and its licensors and other third parties.
Chai and other related marks, design marks, product names, feature names and related logos used in the Services are trademarks of Chai and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Chai. In addition, the look and feel of the Services constitute the service mark, trademark and/or trade dress of Chai and may not be copied imitated or used, in whole or in part, without the express prior written permission of Chai. Our trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages Chai or suggests a sponsorship, affiliation or endorsement by Chai.
All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.
The Services (including past, present, and future versions) and all content included on the Services, such as without limitation, guides, text, graphics, logos, images, audio clips, video, photographs, data, music, software, and other material (collectively “Content”) are owned or licensed property of Chai or its suppliers or licensors and are protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition laws to the fullest extent possible.
Chai shall not be liable for any errors in Content, or for any action taken by you in reliance thereon.
LICENSE AND ACCESS
UNLAWFUL OR PROHIBITED USES
- Make any commercial use of the Services or its Content;
- Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate, search or conduct transactions on the Services;
- Frame, mirror, or use framing techniques on any part of the Service;
- Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images;
- Use any meta tags or any other hidden text utilizing Chai’s name or trademarks;
- Misrepresent your identity, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity;
- Use a buying agent to conduct transactions on the Services or conduct fraudulent activities on the Service;
- Violate or attempt to violate the security of the Services, including, without limitation: (i) accessing data not intended for you; (ii) trying to change the functionality of a Service; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security measures; (iv) attempting to interfere with service to any user or network; (v) forging communications on behalf of or to a Service; (vi) modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Services; or (vii) restricting or inhibiting any other person from using the Services;
- Tamper with the Services or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the Services;
- Collect or harvest personally identifiable information about other users of the Services; or
- Remove any copyright, trademark, or other proprietary rights notice from the Service or materials originating from the Service.
MODIFICATION AND DISCONTINUATION
Chai reserves the right, without notice and in its sole discretion, to suspend or terminate your account or your use of the Services and to block or prevent future access to and use of the Services for any reason. Upon any such termination, your right to use the Services will immediately cease.
USER-PROVIDED INFORMATION AND CONTENT
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of spam, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading.
In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User Content and licensed to us as set forth below. For any User Content you submit, you grant to Chai a non-exclusive, unconditional, worldwide, sub-licensable, perpetual, irrevocable, royalty-free transferable right and license to use, display, publicly perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, record, reproduce, disclose, re-sell, sublicense, broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of such User Content (and derivative works thereof) for any purpose whatsoever in all formats, on or through any form, means, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, throughout the world, and to advertise, market, and promote the same, all without compensation to you. In addition, you grant to Chai the right, without any obligation, to include the name provided along with the User Content submitted by you. You also hereby grant to Chai the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you.
We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
Content is also provided by third party visitors to the Services. Please note that visitors to the Services may post content that is inaccurate, misleading, or deceptive. Chai neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Chai will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of Chai.
You are solely responsible for your interaction with other users of the Services, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
THIRD PARTY GOODS AND APPLICATIONS
The Services may contain links and interactive functionality interacting with third parties, including social media applications and product manufacturers’ goods and applications (collectively, “Third Party Goods and Applications”). Chai is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, products, services or content of any such Third Party Goods and Applications. Before enabling any sharing functions of the Services to communicate with any such Third Party Good and Application or otherwise using or visiting any such Third Party Good and Application, Chai strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such Third Party Good and Application. The links and functionality (interactive or otherwise) for Third Party Goods and Applications on the Services do not constitute an endorsement by Chai of such Third Party Good and Application. Other Third Party Goods and Applications may link to the Services with or without our authorization, and we may block any links to or from the Third Party Goods and Applications, in our sole discretion. YOUR USE OF THIRD PARTY GOODS AND APPLICATIONS (AND RELATED RESOURCES) IS AT YOUR OWN RISK.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Services (including on or via Third Party Applications or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Chai disclaims all liability in connection therewith.
LINKS BY YOU TO THE SERVICES
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with Chai or cause any other confusion, and (c) the links and the content on your website do not portray Chai or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that objectionable to Chai. We reserve the right to suspend or prohibit linking to the Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
WIRELESS, MESSAGING AND LOCATION-BASED FEATURES
The Service may offer certain features and services that are available to you via your wireless device. These features and services may include, without limitation, the ability to access a Service’s features and upload content to the Service, receive messages from a Service, and download applications to your wireless device (collectively, “Wireless Features”). You agree that as to the Wireless Features for which you are registered, we may send communications via such features or apps to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via a Service for Wireless Features, then you agree to notify Chai of any changes to your wireless contact information (including phone number) and update your accounts on such Service to reflect the changes. A Service may include push notifications or other mobile communication capability and you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, may be delivered to your device even when it is running in the background. You may have the ability, and it is your responsibility, to control the notifications you do, or do not, receive via your device through your device settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device.
You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text messages or alerts from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. For each subscription, you will be provided with instructions on how to obtain help or to terminate (i.e., opt-out) of that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. Your consent to receive text messages is not a condition of purchase, and no purchase is necessary. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages you represent that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consents from your parent or legal guardian. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them at firstname.lastname@example.org.
You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Services, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
DISCLAIMERS OF WARRANTIES
Chai cannot and does not represent or warrant that the Services will be error-free, uninterrupted, free from unauthorized access or otherwise meet your requirements.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (COLLECTIVELY, THE “SERVICES AND CONTENT”) ARE PROVIDED BY CHAI ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. To the fullest extent permissible by law, Chai and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, officers, members, managers, shareholders, agents, vendors, licensors, licensees, suppliers, contractors, customers, successors, and assigns (collectively, “Chai Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Services and Content; (b) the functions, features, or any other elements on, or made accessible through, the Services; (c) any products, services, or instructions offered or referenced at or linked through the Services; (d) security associated with the transmission of your User Content transmitted to Chai or via the Services; (e) whether the Services are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device); (f) whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Services will be repaired or corrected; (h) whether the Services will be compatible with any other specific hardware, software or service; (i) whether your access to the Services will be uninterrupted; (j) whether the Services will be available at any particular time or location; and (k) whether your use of the Services is lawful in any particular jurisdiction.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. CHAI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY CHAI IN WRITING. TO THE FULLEST EXTENT PERMITTED BY LAW, CHAI DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable, and you may have additional rights.
IF THIRD PARTY GOODS AND APPLICATIONS (OR OTHER SERVICVES) ARE PROVIDED BY THIRD PARTIES THROUGH THE SERVICES, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH THIRD PARTY PROVIDER AND NOT BY CHAI.
Third party names, marks, products, advertisements, or services or pop-up texts or links to Third Party Goods and Applications may appear on the Services. IN NO EVENT WILL CHAI BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SERVICES, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION.
The Services are controlled and/or operated by Chai from the United States, and is not intended to subject Chai to the laws or jurisdiction of any state, country or territory other than that of the United States. Chai does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
We provide information through the Services for your information and enjoyment. Your use of the Services is strictly voluntary. Because some of the information in the Services may relate to modifications to or suggestions regarding your energy usage, you agree to use your good judgment and reasonable care prior to making any changes. By using the Services, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
You knowingly, and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue CHAI Parties from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the Content, information and materials offered by chai through the Services.
LIMITATION OF LIABILITY
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY CHAI (INCLUDING YOUR USER CONTENT) OR A LICENSOR OF CHAI.
INDEMNIFICATION AND DEFENSE
NOTICES AND ELECTRONIC COMMUNICATIONS
NOTICES FOR CALIFORNIA RESIDENTS
Any California residents under the age of eighteen (18) who have registered to use the Services, and who have posted content or information on the Services, can request that such information be removed from the Services by contacting us at the e-mail or address set forth in the “Contact Us” section below making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
APPLICABLE LAW; FORUM
You agree that any action at law or in equity arising out of or relating to these terms or the Service shall be filed, and that venue properly lies, only in the state or federal courts located in the County of Los Angeles, State of California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action and waive any argument of inconvenient forum.
Neither you nor CHAI may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be litigated or arbitrated on a class or representative basis.
DEVICES AND CONNECTIVITY
You are responsible for obtaining and maintaining all devices and other equipment and software, including Third Party Goods and Applications, and all internet service provider, mobile service, and other services needed for your access to and use of the Services and you will be responsible for all charges related to them. You further agree to look solely to the entity that manufactured and/or sold you the device, including Third Party Goods and Applications, for any issues related to the device and its compatibility with the Services.
By using the Services, you agree that Chai may change, alter, or modify the settings or configurations on your device, including Third Party Goods and Applications, in order to allow for or optimize your use of the Services. For instance, a Service may access and read accounts, data and/or content on your device, add content to your device, and change settings of your device, for reasons such as showing you the location of things near you; saving images, sound files and writing usage logs to the device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for Service operations; and to provide you notice when you are not connected to a network. You consent to these activities by installing or otherwise using the Services. Your device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with a Service by uninstalling a Service.
When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
If you have any concerns about Chai or your use of the Services, please contact us at:
525 S. Hewitt Street
Los Angeles, California 90013