Chicho’s reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is the Customer’s responsibility to review the Chicho’s Terms and Conditions periodically as continued use of Chicho’s services will constitute the Customer’s acceptance of any revised terms and conditions. If the Customer disagrees with any modification(s) made to these Terms and Conditions, the Customer’s only recourse is to cease using the services of Chicho’s.
Chicho’s prohibits any illegal activity by its Customers. Any charges incurred, for legal advice or otherwise, by Chicho’s in connection with the enforcement of the law against a Customer or a potential Customer will be the financial responsibility of the Customer or the potential Customer. See Indemnification section below for further details.
The Customer’s account is activated the day the Customer’s application is received and approved by Chicho’s. Chicho’s cannot arrange for any shipments until all required documentation is received.
The Customer represents and warrants that he or she is responsible for complying with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under the terms of this Agreement.
Customer agrees to abide by the following guidelines when using this Website:
- The Customer may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- The Customer may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent, abusive, offensive, inflammatory, objectionable, or unlawful material or information.
- The Customer may not publish, post, advertise, distribute, disseminate, or upload any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or any rights to privacy or publicity, of any other person.
- The Customer may not upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, or programs that may damage the operation of another’s computer or the Website.
- The Customer may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
- The Customer may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
- The Customer may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
- The Customer may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that the Customer know, or reasonably should know, cannot be legally distributed in such manner.
- The Customer may not access or attempt to access Chicho’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that the Customer are not authorized to access.
- The Customer may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Website.
- The Customer may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.
- The Customer may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- The Customer may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- The Customer may not use any device, software, or routine that interferes with the proper working of the Website.
- The Customer may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
No Legal Relationship:
The Customer agrees that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between the Customer and Chicho’s as a result of this Agreement or the Customer’s use of this Website.
This Agreement constitutes the entire agreement between the Customer and Chicho’s with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Customer and Chicho’s with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
Conflict of Laws:
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of the United States and by the applicable regulations of any agency of the United States, without applying conflict of law principles that would result in applying any state law or state regulation other than those of Virginia. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the United States courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party’s costs and expenses, including the prevailing party’s attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment