The following terms and conditions and the Privacy Policy (together, the "Terms," “Agreement”) constitute a legally binding agreement between you and Cholimaker llc , its subsidiaries, affiliates, partners, representatives, and officers (collectively referred to as "Cholimaker llc," "us," "we," or "our") and govern your access, use of and purchase of products from the Cholimaker llc website at Cholimaker.com and any Cholimaker llc brand mobile application and other platforms (collectively, the “Site”), that may be made available to you from time to time to have access to the services that we offer.

By visiting our site and/ or purchasing something from us, you hereby agree to be bound by the Terms herein as it applies to your purchase or use of any products or services offered on the site. By accessing and/or using the Site, you represent and warrant that you have the capacity to enter into the agreement and to abide by all of the terms and conditions set forth herein. You may not access or use this website, subscribe to our newsletter or accept this agreement unless you agree with the terms herein. If you do not agree with all provisions of this agreement, please do not access and/or use the Site, sign up for membership, or purchase products or services through the Site. We are only willing to provide the Service only to parties that have accepted all the terms and conditions herein these Terms.

IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE UNLESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Updates to these terms

We may modify these Terms at any time, at our sole discretion as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the Service or through other communications such as the email address registered in your account. You must review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the service, you are indicating to us that you agree to be bound by the modified Terms.

Site access, account, password and security

You can access and make use of certain portions of the Site without signing up. But in order to have access to more content and features of the Site such as purchasing products and services (herein referred collectively to as “products”), you will be required to sign up and sign in to the Site. You will be required to provide certain information about yourself when signing up. You further represent and warrant that the information that you provide to us when signing up is truthful and accurate.

By creating an account with us, you represent and warrant that you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify us immediately in the event of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that the User may incur as a result of an unauthorized third party having access to your password or account, either with or without your knowledge.

However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. We reserve the right to refuse service, terminate accounts, terminate your rights to use our Services, remove or edit content, or cancel orders at its sole discretion.

Content ownership and copyright

All rights to this Site, the content, information herein and other services and materials made available on this Site, including, without limitation to graphics, text, codes, designs, images, page layouts, videos, gifs, audio clips (collectively the "Materials") are proprietary to Cholimaker llc and are protected by the United States and international copyright laws as well as other intellectual property laws. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Restrictions on use of the site and its content

Unless otherwise stated and subject to all of the provisions of these terms and your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, personal, non-sublicensable license to access and make personal use of the materials published on this site (“Materials”) exclusively for non-commercial use by you personally.

All other uses of this site, its software and the Materials, including, but not limited to redistribution, copying, modification, publication, transmission, reproduction, display, incorporation into another site, mirroring our sites or in any other way exploiting any of the Materials, in part or in whole, is not permitted under this Limited License and may violate one or more of our intellectual property rights and is prohibited without our prior express written consent and is further subject to, but not limited to the following restriction:

1. You may not reverse engineer, manually extract, or disassemble software material or create derivative material from the website or services provided by us except and only to the extent permitted by applicable law;
2. You may not remove any copyright or other proprietary notices from the material on our site;
3. You may not attempt to determine the website architecture nor extract information or data about individual identities, usage of the web site or other activities via the use of any network monitoring software or as may be otherwise applicable;
4. You may not upload or transmit any form of computer virus, malicious codes, worm, Trojan horse, defects, or any form of item capable of causing harm onto the Site;
5. You may not attempt to gain access to unauthorized information.

Intellectual property rights and trademarks

We are the owner or the licensee of all Intellectual Property rights related to our software and the services that we provide to you and users to use the services as binding under this Agreement. We reserve the exclusive and sole right to the software which is only being licensed to you and does not convey any additional rights in the service, or any Intellectual Property Rights associated therewith. Subject only to the limited rights to access and make use of the service as explicitly stated herein; all rights, titles and interest in and to our Services and all hardware, Software, Additional Services and other components of or used to provide the Services, including all related Intellectual Property Rights, will remain with us and belong exclusively to us. Cholimaker llc shall have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit, and/or incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from you or other third parties acting on your behalf.

Cholimaker llc and other product and service names, and logos used or displayed on the Service are registered or unregistered trademarks of one or more members of Cholimaker llc (collectively, “Trade-Marks”), and you may only use applicable Trademarks to identify you as our user; provided you do not attempt, now or in the future, to claim any rights in the Trademarks, degrade the distinctiveness of the Trademarks, or use the Trademarks to disparage or misrepresent us, Our services or products. Nothing in this website may be construed to grant to you, indirectly or directly, the use of a service mark or trademark reproduced on the website, whether belonging to us or third parties suppliers, without prior written permission from us.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.

Product descriptions, availability, pricing and tax

Product description:

We make reasonable attempts to ensure that products descriptions are as accurate as possible. Also, while we have made reasonable attempts to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may not be accurate as intended by us. As a result, we make no representation or give no warranties or undertakings of any kind, express or implied, with regard to the accuracy, reliability, timeliness or completeness of any such information. We do not accept liability for any loss of whatsoever nature or howsoever caused, arising directly or indirectly from the use of or reliance upon this website or any of the information it contains. Your sole remedy for a product not as described is to return it in unused condition.

Product availability: We put in our best endeavors to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However, you acknowledge that in some cases this is not possible and we may need to reject an order you have placed for a product where we establish that it is actually unavailable for delivery. In such case, we will refund in full all amounts you paid in respect of such unavailable product.

Order limitations

In our sole discretion, we reserve the right to limit the quantities of any product that may be purchased on a per order or per person basis.

Product pricing:

Although we make reasonable attempts to provide accurate pricing information about the products listed on our website; typographical errors and pricing mistakes may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update price information and other information at any time without prior notice; including after you have submitted your order.

Tax:

Cholimaker llc will add applicable sales/use tax on orders as may be necessary. The total price of your order is inclusive of any applicable tax.

Payment and delivery of order

Payment: The total cost of your order and/or purchase shall be displayed to you on the checkout page. We must receive payment in advance before processing your order unless otherwise agreed in advance in writing. Payment can be made by most major credit or debit cards, and by other online payment methods made available to you at the checkout page. If you make use of a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorized to use. All credit/debit cardholders are subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

Order fulfillment and shipping: If you order Products for delivery, then the terms that apply to that delivery will depend upon the Product(s) that you order, the delivery address and the delivery method you select. Please see our Order Fulfillment and Shipping policies for more information about our order fulfillment and shipping practices.

Order cancellation: To cancel an order, go to your order page and select the items you want to cancel. Order will not be cancelled if the products have left our facility and handed over to the shipping company. For more information about cancellation, please see our Return and Exchange policy.

Discount sales and promo codes

From time to time, we may run discount sales and offer promo codes that you can use to get discounts on specified products. Promo codes may not be applied automatically and as such you should ensure to enter the promo code at checkout.

We reserve control over our discount sales and promo. Terms and conditions applicable to such discount sales and promo will be made available to customers during the duration of the discount sales and/or promo.

User representation and acceptable use

You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

Although we are committed to providing a safe user experience, we do not guarantee that the platform, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the Service being unavailable at any time for any reason.

You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
• belongs to another person and to which you do not have any right to make use of or promotes an illegal or unauthorized copy of another person's copyrighted work;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or;
• Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
• tries to gain unauthorized access or exceeds the scope of authorized access to the Site or to profiles, blogs, account information, bulletins, or other areas of the Site or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
• Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
• Interferes with another user's use and enjoyment of the Site or any other individual's user and enjoyment of similar services;
• Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Site or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Site, or any other customer, including any account on the Site not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
6. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Site you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Site. Please carefully select the type of information that you publicly disclose or share with others on the Site

Termination of your usage

These Terms shall remain in force until terminated by either you or Cholimaker llc. You may terminate these Terms solely by discontinuing your use of and access to our site. We may terminate this Agreement, or suspend your access to all or part of our site without notice, for any conduct that we, in our sole discretion, believes is disruptive to our site, is in violation of any applicable law or is in violation of these Terms.

User-generated comments, testimonials, feedback and other submissions

In these terms, “user generated comment” means any material (including without limitation to text, video material, audio material, and audio-visual material, testimonials, feedback, suggestions) that you upload/submit to this Site for review by the public for whatever purpose. Please be aware that user-generated contents shall be considered non-confidential and non-proprietary; and that by posting, inputting, uploading, sharing, providing or otherwise submitting any user communications to this Site you understand and agree that you grant us a worldwide, non-exclusive, irrevocable, royalty-free license to reproduce, use, publish, distribute and translate such user-generated content in any existing or future media.

You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights. You warrant and represent that you own or otherwise control all of the rights to the contents that you provide onto the Site and that such content must not be unlawful, illegal, must not infringe on any third-party legal rights, and must not have the capacity of bringing about any legal action; whether against you or us.

We shall have no obligation to monitor the contents provided by the Site users, nor shall we have an obligation to remove any user-generated content that you have opted to input and share on our Site. However, we have the exclusive right to review any material posted to the Site and to remove any materials at its sole discretion. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in our sole discretion.

We do not control or endorse the content, messages or information found in any user generated section and, therefore, we specifically disclaim any liability with regard to them and any actions resulting from what you do with any of such content.

Copyright infringement notification

Cholimaker llc respects the intellectual property of others and asks its users of the Site to do the same. Cholimaker llc’s network may not be used to transmit, retransmit, distribute, post, or store any material that violates any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.

Cholimaker llc has established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on any of Cholimaker llc’s services in a way that constitutes copyright infringement, please reach out to us.

To be valid, the notification must be in writing and must contain the following information:

1. a description of the copyrighted content or other intellectual property that you claim has been infringed;
2. a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
3. a detailed description of where this content or intellectual property is located on the Service, for us to find it;
4. your address, telephone number, and email address;
5. a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
6. a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.

Please note that (i) any person who knowingly misrepresents to Cholimaker llc that material is infringing shall be liable to Cholimaker llc and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by Cholimaker llc and/or the alleged infringer as a result of Cholimaker llc’s reliance on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to Cholimaker llc that the material was removed or access blocked by mistake or misidentification shall be liable to Cholimaker llc and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by Cholimaker llc and/or the copyright owner or its authorized licensee as a result of Cholimaker llc’s relying on such misrepresentation and replacing such removed or blocked material.

Third-party links

Certain links on the Site may allow you to leave our Site. The linked sites are not in any way under our control and we are not responsible for the contents of any of such linked sites or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any form of transmission sent or received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption or endorsement by us of the site. Your use of any linked site is at your own risk and is subject to the terms of use and privacy policies located on such site. You expressly release us from any liability that may arise as a result of your use of any such third-party site, service or content. Your dealings with or participation in promotions of advertisers found on those third-party sites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and such advertisers found through any such linked site. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third-party Sites.

Disclaimers

The Contents have been compiled by us from internal and external sources. While we have made attempts to provide accurate and valid information on our site, no representation is made or warranty given as to the validity, completeness or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the site before you take any action upon it. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly made herein.

OUR SITE IS PROVIDED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY OR SECURITY OF THIS SITE, AND THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICES. AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

Indemnification

You hereby agree to indemnify, defend, and hold us and our subsidiaries, affiliates, licensors, officers, directors, representatives, partners, agents and employees harmless from any claim loss, liabilities or demand, including, but not limited to attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party. You hereby agree that Cholimaker llc reserves the right and obligation to control the legal defense process against any such claims, demands, or litigation, including the right to counsel selection and to compromise or settle any such claims, demands, or litigation.

Limitation of liability

TO THE EXTENT PERMITTED BY LAW, WE ASSUME NO RESPONSIBILITY, AND IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE SHALL CHOLIMAKER LLC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS, CLAIM, DAMAGE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Dispute resolution; arbitration

Any dispute or claim relating in any way to your use of our Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Cholimaker llc will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

Please note that any claim or cause of action arising under, relating to or out of your use of the Site, including any sales made through this Site, must be filed within one (1) year after such claim or cause of action arose or such claim shall be forever barred.

General

Governing law. These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Texas without regard to its conflict of laws provision.

Severability. If any provision of these Terms is determined by a court to be unlawful, unenforceable or invalid as a whole, the parties agree that the court shall amend that provision to achieve as nearly as possible the same effect as the original provision and the remainder of these Terms of Use will remain in effect.

Waiver. No delay or omission by Cholimaker llc to exercise any right occurring upon any noncompliance on your part with respect to any of the terms herein shall impair any such right or power or be construed to be a waiver thereof. Any waiver by us of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or any covenant, condition, or agreement herein contained.

Entire agreement

These Terms constitutes the entire agreement between you and us with respect to the Website and its use and, except with respect to our website containing additional or different terms of use, supersedes all prior agreements, proposals, communications between the parties and understandings, whether oral or written.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at support@Cholimaker.com.