Terms of Use

 

Welcome to the Tellumandchop, Inc. (“Company”, “we”, or “us”) website (collectively with all other websites owned or operated by us, the “Website”). These Terms of Use (these “Terms”) govern your use of the Website, Company’s online store accessible via the Website, and other services Company may offer or enable through the Website (collectively with the Website, the “Services”).

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES OFFERED BY COMPANY. BY VISITING THE WEBSITE OR ACCESSING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE WEBSITE OR ANY OF THE SERVICES.

 

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

 

THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

 

  1. SERVICES. The Services are owned and operated by Company. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, product, or Content (as defined below). Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Company may modify these Terms at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your access or use of the Services following such notification constitutes your acceptance of the terms and conditions of these Terms as modified.

 

  1. ACCOUNT. As a condition to using some aspects of the Services, you may be required to register with Company and select a password and user name (“Company User ID”). If you are accessing the Services through a third-party site or service (such as “Facebook Connect”), the Company may require that your Company User ID be the same as your user name for such third-party site or service. You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You may not select or use as a Company User ID, (i) a name of another person with the intent to impersonate that person; or (ii) a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Services through a third-party site or service, you will provide your third-party account credentials to the Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.

 

  1. ELIGIBILITY. You represent and warrant to Company that: (i) you are of legal age to form a binding contract, and you are at least 18 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. 

 

  1. PURCHASES

 

    1. How the Services Work. Company makes available an online platform that allows you to purchase products, mainly clothes and accessories (“Products”). Through the Services you will be able to browse Company’s Products and place orders.

 

    1. Order Confirmation. Company will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms Company’s receipt of your order and neither indicates Company’s acceptance of your order nor confirms Company’s offer to sell. Company reserves the right to refuse or limit any order you place with us. Company may also, in Company’s sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. Company also reserves the right to limit or prohibit orders that, in Company’s sole judgment, appear to be placed by dealers, resellers or distributors. In the event Company makes a change to or cancels an order, Company will attempt to notify you by contacting the email address provided at the time the order was made. If Company cancels all or any part of your order after your Method of Payment has been charged, Company will refund the billed amount.

 

    1. Shipment Confirmation and Delivery. All orders are subject to acceptance by us, and Company will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. Company will not be held liable for deliveries that are delayed due to events that are beyond Company’s control. However, Company will work with you to ensure a smooth delivery.

 

    1. Prices. The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Website are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.

 

    1. Payment. By submitting an order through the Services, including for any subscriptions (as described below), you agree to pay in advance the price of the Product(s) or Services ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment Company may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services.

 

    1. Return and Exchange Policies. Return and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges are non-refundable.

 

    1. Product Information. Most Products displayed on the Website are available exclusively online through the Services. These Products may have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Website is no longer in stock, Company uses its best efforts to remove such Product from the Services in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact Company’s Customer Service customerservice@tellumandchop.com.

 

    1. Errors, Inaccuracies and Omissions. Company makes every effort to present the most recent, accurate, and reliable information on the Website at all times. However, occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and Company reserves the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, Company reserves the right to refuse or cancel any orders placed for any Product listed at the incorrect price. Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, Company will issue a credit to your Method of Payment in the amount of the incorrect price.

 

    1. Colors & Style. Company has made every effort to display as accurately as possible the colors and styles of Products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color or style will be accurate.

 

    1. Cancellation of Orders. Company reserves the right to cancel, modify or suspend any order placed if it determines in Company’s sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if Company believes, in Company’s sole discretion, that a user’s conduct violates applicable law or is harmful to Company’s interests.

 

  1. SUBSCRIPTIONS. The Company may offer you the opportunity to purchase a subscription to Products or Services through the Website.

 

    1. BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OF THE AUTO-RENEWAL OF YOUR SUBSCRIPTION AND YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS.

 

    1. To cancel the automatic renewal of your subscription at any time, you must update your user account on the Website.

 

    1. Your renewal date will be the anniversary of your sign-up date after your initial term ends. For example, if you bought a three-month Company subscription on November 7th, your subscription would renew for another three months on February 7th. If you have a renewal anniversary date on the 30th or 31st of the month, your renewal date will be moved to accommodate months that do not have those dates. For example, if your subscription was started on January 31st and had a one- month term, it will renew on February 28th (or 29th if it is a Leap Year), and thereafter your renewal date will be the 28th of each subsequent month.

 

    1. If you cancel the automatic renewal of your subscription, you may use your subscription until the end of your then-current subscription term. Company may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. If you cancel the automatic renewal of your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If Company does not receive payment for a renewal prior to the date of renewal, Company may, in its discretion, do one or more of the following: (i) demand full payment, (ii) charge any form of payment you have obtained to replace your provided form of payment (e.g., you have obtained a replacement credit card number), and you hereby authorize Company to do so, and (iii) terminate or suspend your subscription.

 

  1. WEBSITE AND SERVICES CONTENT. The Website, the Services, and their contents are intended solely for your personal, non-commercial use and may only be used in accordance with these Terms. Excluding your User Submissions, all materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,”) are owned by Company and its licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such Content. Company and its suppliers reserve all rights not granted in these Terms.

 

  1. USER CONTENT. In the course of using the Services, you may provide information or content which may be used by Company in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Company or in connection with the Services (collectively, “User Submissions”), you hereby grant Company a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Services, the Website, and Company’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; however, Company will only share your personally identifiable information in accordance with Company’s privacy policy. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions through the Services and under these Terms. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any such third-party content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

 

  1. GENERAL PROHIBITIONS. You agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl”, “scrape”, or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.  

 

  1. WARRANTY DISCLAIMER. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. PRIVACY POLICY. For information regarding Company’s treatment of personally identifiable information, please review Company’s current Privacy Policy.

 

  1. INDEMNITY. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.



  1. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

  1. THIRD-PARTY WEBSITES. The Services may contain links to third-party websites or services (“Third-party Websites”) that are not owned or controlled by Company, or the Services may be accessible by logging in through a Third-party Website, as described more fully in our Privacy Policy. When you access Third-party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third-party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under these Terms. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-party Websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third-party Website.



  1. RELEASE. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from any interaction with third parties, including any Third-party Website. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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.” 

 

  1. TERMINATION. These Terms shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. 

 

  1. EMAIL REFERRAL PROGRAM. By participating in our email referral program, you warrant that you will not refer fake email addresses. You also warrant that you will not sign up for the referral program using other email addresses that do not belong to you. We monitor IP address and use a double-opt in email system so we can see when a user is violating the rules of the email referral program. Company has the right to refuse service and prizes to users suspected of violating the terms of the referral program. 

 

  1. MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate these Terms and its rights and obligations without consent. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

 

  1. GOVERNING LAW. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado without regard to the conflict of laws provisions thereof.

 

  1. DISPUTE RESOLUTION

 

    1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Company, regardless of whether such product or service was purchased prior to or after your acceptance of this Arbitration Agreement, that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

 

    1. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be sent to: 1990 57th Court, Unit A, Boulder, CO 80301. After the Notice is received, you and Company may attempt to resolve the claim or dispute informally. If you and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

 

    1. Arbitration Rules. Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The JAMS Streamlined Arbitration Rules governing the arbitration are available online at http://www.jamsadr.com/. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

 

    1. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

 

    1. Time Limits. If you or Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.

 

    1. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim (including any claim regarding the enforceability of this Arbitration Agreement or any unconscionability in connection with the Terms). The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.

 

    1. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by an arbitrator.

 

    1. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

 

    1. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

 

    1. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms shall continue in full force and effect.

 

    1. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

 

    1. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

 

    1. Small Claims Court. Notwithstanding the foregoing, either you or Company may bring an individual action in small claims court.

 

    1. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

 

    1. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

 

    1. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado, for such purpose.

 

  1. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA). If you are a copyright holder and believe that content on the Services violates your rights, you may send a DMCA notification to help@tellumandchop.com. For more information, including the information that must be included in a DMCA notification, see the text of the DMCA, 17 U.S.C. § 512.

 

  1. CONTACT. If you have any questions, complaints, or claims with respect to the Services, you may contact us here

 

Last updated: June [_], 2018

 

 

PRIVACY POLICY

 

Thank you for visiting a website owned or operated by Tellumandchop (collectively, the “Website”). This privacy and security policy (the “Policy”) explains the information we collect about you, how we use the information, some of the security steps taken to protect the information, and the choices you have to review, revise and/or restrict our usage of this information.

 

If you have any objections to this Privacy Policy, you should immediately discontinue use of the website.

 

  1. What information do we collect and how do we use it?

 

We collect information from our customers for a variety of reasons, including as part of our ongoing efforts to provide superior customer service, improve shopping experience and to communicate about products, services and promotions. We collect information such as name, telephone number, email, postal address and payment information (“Personal Information”) that you provide to us when you register an account on our site, place an order, participate in a sweepstakes, promotion or survey, write product reviews, post customer-generated photographs and content, or create product collections, wishlists and other user-generated content. We may use this information collected online to process and fulfill your order. We also collect email addresses at various site locations in order to send you necessary order-related messages such as order confirmation and shipment confirmation notices. In addition, we maintain a record of your product interests, purchases and whatever else might enable us or our business partners to enhance and personalize your shopping experience on this or other websites and to send you offers, promotions, or information that we believe may be of interest to you. We also monitor site use and traffic patterns to improve our web site design and the products and services we offer as well as to determine what offers, promotions or information to send to you. 

 

We also use your Personal Information (like your email or postal address) to contact you with marketing and promotional materials and other information that may be of interest to you (some of which may be sent by a third-party service provider). If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or if you do not want us to share your Personal Information with these third-party service providers, contact us here with “Privacy Policy” as the subject line of the email. 

 

To serve you better, we may combine Personal Information you give us online, via mobile device, in our stores, or through our customer service call center. We may also combine that information with publicly available information and information we receive from cross-reference with select partners and others. By combining this information, we are better able to communicate with you about our products and services, special events and promotions, and better able to personalize your shopping experience.

 

  1. Disclosure of Information

 

Company shares information you provide to us when you participate in a sweepstakes or promotion with those companies with whom we have joined to offer the sweepstakes promotion. We may disclose information about you to other members of the Company corporate family and our business partners. We will also disclose information as we determine to be required by law. In addition, we may on occasion share information with business partners not owned or affiliated with Company who want to market products or services to you.

 

We do not share credit card or other payment information with third parties except for the purposes of processing payment for products and services you’ve ordered and as required by law. In addition, we may disclose credit card and other information we collect from you with an outside company with which we have contracted for their services to protect against fraud and the unauthorized use of credit and gift cards.

 

  1. Procedures to review your personal information and to opt-out

 

You can always update your personal information or opt-out of our mailing lists or other communications from us. If at any time you would like to opt out, simple click the “unsubscribe” link at the bottom of any email. You may also update your information or opt-out by emailing customerservice@tellumandchop.com. Please be sure to include your email address, full name and mailing address.

 

  1. Business Partners

 

We contract with outside services to help us and our business partners better understand your use of Tellumandchop.com. These outside services may use cookies or other technologies to collect various kinds of information for us and our business partners related to your use of Tellumandchop.com, so that we and our business partners may continue to refine and improve this and other sites for our customers. This includes, but is not limited to uses for measuring advertising effectiveness and targeting advertising. We do not allow these parties to collect any credit card, user name or password information. These services are contractually required to maintain all the information collected for us in conformance with this Policy. As a visitor to Tellumandchop.com, you may “opt-out” of these types of collection of data.

 

  1. Cookies and Information We Collect Automatically

 

Cookies” are bits of information that are automatically stored on your computer. If you do not want to have cookies on your system, you can set your browser to disable them.

 

We or our partners may use Flash Cookies (also known as Local Stored Objects) or other similar technologies. A Flash cookie is a small data file placed on a computer using Adobe Flash or similar technology that may be built into your computer or downloaded or installed by you to your computer. We use these technologies to personalize and enhance your online experience, facilitate processes, personalize and store your settings. Flash cookies may help our website visitors to, for example, set volume preference associated with a video experience, play games and perform surveys. They help us improve our sites by measuring which areas are of greatest interest to customers. They may be recognized by other sites or by our marketing or business partners. Flash cookies are different from browser cookies and the cookie management tools provided by your browser will not remove Flash cookies. If you disable Flash cookies or other similar technologies, please be aware that you may not have access to certain features and services that make your online experience more efficient and enjoyable.

 

We also use other methods of automatic collection to determine information about visitors to our website, including the IP address, browser, language preferences, and computer identification numbers. We use the information obtained using these tools to provide better customer service, enhance our product offerings, and detect potential misuse or fraud.

 

  1. Transfer and Storage of Data Abroad

 

We do not intentionally offer, market, target, or direct our products to people living in the European Economic Area. However, if you are visiting this Website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Website and communicating electronically with us, you consent to such transfers.

 

  1. Data and Hosting

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

 

  1. Secure Shopping

 

Sensitive personal information contained in orders placed on the Website are encrypted using 128-bit secure sockets layer (SSL) technology. In order for SSL security to work, you must use an SSL enabled browser. Secure Socket Layer (SSL) is a technology used by vendors to ensure the security of online business. It negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions.

 

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Website cannot be guaranteed; (c) any such information and data may be viewed or tampered with in transit by a third party; and (d) WHEN YOU TRANSFER ANY INFORMATION TO US, YOU DO SO AT YOUR OWN RISK.

 

If you still have concerns about ordering electronically, feel free to call our customer service line at (720) 323-2325 and place your order over the phone. Have the 8-digit style number, size, and color ready for each item you wish to order. You can also print your shopping basket page and mail it to:

 

Tellumandchop, Inc.

1990 57th Court, Unit A

Boulder, CO 80301

 

Please note that e-mail is not encrypted and is not considered to secure means of transmitting credit card numbers. We will never ask for sensitive Personal Information via e-mail.

 

  1. NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

 

As provided by California Civil Code Section 1798.83: A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES.  IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED.  CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING CUSTOMERSERVICE@TELLUMANDCHOP.COM.  PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.  

  1. Note about Kids

 

We do not knowingly collect personal information of children under the age of 13. Tellumandchop.com is intended for users who are 13 years of age and older.

 

  1. Policy Changes

 

We may periodically update this Policy including for new, unanticipated uses not previously disclosed. Any changes made will be posted here. By visiting and continuing to use the Website you agree to accept any changes made to this Policy. Please note that this Policy only addresses the use and disclosure of information we collect from you on the Website. Feel free to contact us with any questions about our Policy here.



Last updated: Aug 1st, 2018