Policy Date
Updated: August 2, 2023
Effective Date: April 27, 2023
Overview
Welcome to the Chia.com website (the “Site”), which is owned and operated by Chia.com. Throughout the site, the terms “we”, “us” and “our” refer to Chia.com. Chia.com provides its services to you subject to the notices, terms, and conditions outlined in this agreement (the “Agreement”). All the information, tools, and services available from this site to you, the user, are conditioned upon your acceptance of all terms, conditions, guidelines, policies and notices applicable to such stated here in this Agreement. Chia.com reserves the right to change this Site and these terms and conditions at any time. You agree to check back often to see if the terms have changed. Any changes to this Agreement will be posted on this page, and a notice will be posted on the Site and/or sent via email. All changes will become effective five (5) business days after notice is given. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
Subject to the terms and conditions of this Agreement, Chia.com hereby grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access and use the Site by displaying it on your personal device only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Chia.com in advance. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any content contained on the Site. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. Your unauthorized use of any of the content on the Site may violate copyright, trademark, publicity, privacy, communications, and other laws, and any such use may result in your personal and/or potential criminal liability. Any unauthorized use of any Content or the Site for any purpose is prohibited.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by Chia.com in writing. Chia.com reserves the right to refuse service, terminate accounts, refuse to apply promotion and/or coupon codes, and/or cancel orders at its discretion, including, without limitation, if Chia.com believes that customer conduct violates applicable law or is harmful to Chia.com’ interests.
This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Chia.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Chia.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing Chia.com’s name or trademarks without the express written consent of Chia.com. Any unauthorized use terminates the permission or license granted by Chia.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Chia.com so long as the link does not portray Chia.com, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Chia.com logo or other proprietary graphic or trademark as part of the link without express written permission.
You shall not engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site or otherwise causes harm to the Site, Chia.com, or other users of the Site. You shall not attempt to gain unauthorized access to the Site, or other computer systems or networks connected to the Site.
You shall not interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on the use of or access to the Site or the Content or insert any code or product to manipulate the Content in any way that adversely affects the Site.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of Chia.com. Product representations expressed on this Site are that of the vendor and are not made by Chia.com.
Chia.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Chia.com has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Chia.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TERMS & CONDITIONS FOR USER CONTENT
By uploading your photograph(s), images and/or video(s) (collectively “User Content”) on our website, through our Share Platform or by responding #yeschia or #yes to our request to use your User Content you agree that you have taken the photograph yourself and own the copyright in the photograph, or have received the express permission of the copyright owner to have the User Content used and shared by Chia.com in accordance with these Terms of Service.
We do not claim any ownership of the Content. However, by agreeing to these Terms you are granting us and our subsidiaries, affiliates, successors, distributor and wholesale accounts, and their respective assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, promote, and commercialize the Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating you in any way, and to authorize others to do the same.
In addition, you grant us the right to include the name included with the Content submitted and/or licensed by you; provided, however, we shall have no obligation to include such name with our use of such Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with the Content that you submit or license to us. You represent and warrant that you are at least thirteen (13) years old and have all rights necessary for you to grant the licenses granted herein, including but not limited to the rights of publicity and privacy for any person featured in the Content and the copyright and photographic rights in the Content. Additionally, if parental permission is required to utilize the Content, you represent and warrant that you are authorized to grant such permission and hereby do so.
You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the Content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims against Chia.com relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that you own or are authorized to grant all rights and permissions granted herein.
IF YOU DO NOT OWN OR HAVE AUTHORIZATION TO GRANT THE RIGHTS AND PERMISSIONS DESCRIBED HEREIN AND/OR DO NOT WANT TO GRANT SUCH RIGHTS, DO NOT ACCEPT THESE TERMS.
Please reply with #yeschia or #yes to signify your acceptance of these Terms and to grant Chia.com the rights described above.
SUBMISSIONS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Chia.com, including without limitation, ideas, know-how, techniques, questions, text, files, images, graphics, photos, sounds, music, videos, reviews, comments, suggestions, illustrations, responses, information, content, ratings, reviews, data, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and Chia.com shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, or create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the property of Chia.com and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Chia.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all the rights to the reviews, comments, and other Content that you post on this Site and that use of your reviews, comments, or other Content by Chia.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Chia.com or third-parties as to the origin of any Submissions or Content. Chia.com may, but shall not be obligated to, remove, or edit any Submissions (including comments or reviews) for any reason.
INTELLECTUAL PROPERTY – CONTENT
All text, graphics, button icons, images, audio clips, layouts, databases, photographs, posts, images, pictures, videos, articles, information, instructions, URLs, and software (collectively, “Content”), belongs exclusively to Chia.com or its Content suppliers. The collection, arrangement, look and feel, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Chia.com. All software used on this Site (the “Software”) is the property of Chia.com or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Chia.com, and other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of Chia.com, its suppliers, or third parties. The use of any Chia.com trademark or service mark without Chia.com’s express written consent is strictly prohibited. You may not use any Chia.com trademark or service mark in connection with any non-Chia.com product or service or in any way that is likely to cause confusion. You may not use Chia.com’s trademarks or service marks in any manner that disparages or discredits Chia.com, or any of its subsidiaries or affiliates. You may not use any of the Chia.com trademarks or service marks in meta tags without the prior explicit consent of Chia.com.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon Chia.com’s delivery of the items to the carrier according to Chia.com’s standard terms of sale.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Chia.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Chia.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHIA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATIONINTERACETION WITH THE SITE, TOOLS, OR SERVICES WE PROVIDE, OR ANY THIRD-PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY, YOUR FAILURE TO KEEP YOUR SITE ACCESS CREDENTIALS SECURE AND CONFIDENTIAL, YOUR ENGAGEMENT WITH OTHER USERS, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, OR IN CONNECTION WITH, THE SITE, AND/OR INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SERVICE, BY A TOOL OR SERVICE ON OUR SITE INCLUDING. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. CHIA.COM DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHIA.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR ANY THIRD-PARTY PROVIDER OF ANY SERVICE IN CONNECTION WITH THE SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. CHIA.COMS’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT IN FEES ACTUALLY PAID BY YOU TO CHIA.COM DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO CHIA.COM’S LIABILITY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Chia.com from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: your breach or alleged breach of these Terms; your Submissions; your use of the Site; your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; any misrepresentation made by you; or any interaction you have with any other user(s). Chia.com reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You will not in any event settle any claim without the prior written consent of Chia.com and you agree to cooperate with our defense of any such claim.
TYPOGRAPHICAL ERRORS
Chia.com makes reasonable efforts to ensure the information on our site is current and accurate. In the event a product is listed at an incorrect price or with incorrect information (product descriptions, availability, sizing) due to typographical error or error in pricing or product information Chia.com reserves the right to correct any errors and update Site information at any time. Chia.com shall have the right to refuse or cancel any orders placed for product(s) listed with incorrect information or at the incorrect price. Chia.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Chia.com shall immediately issue a credit to your credit card account in the amount of the charge.
LINKS TO THIRD PARTIES
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Chia.com is not responsible for the operation of or content located on or through any such site. Any interactions between you and any third parties on or through the Site are solely between you and the third party. You also agree to indemnify Chia.com against all claims, damages or injury arising out of your use of any third-party service.
COPYRIGHT COMPLAINTS
Chia.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notification and Procedure for Making Claims of Copyright Infringement.
REMEDIES
You agree that Chia.com’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Chia.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Chia.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of Chia.com shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys’ fees, and expenses.
No instance of waiver by Chia.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.
DISPUTES
You agree to the personal jurisdiction by and venue in the state courts in Waukesha County, Wisconsin, and the federal courts in the Eastern District of Wisconsin and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
DISPUTES RESOLUTION
In the event of any controversy or dispute between Chia.com and you arising out of or in connection with your use of the Site, the Submissions, Content, and these Terms, each party agrees to send a written notice to the other providing a reasonable description of the Dispute and proposed resolution.
Your notice to Chia.com must be sent to:
Joseph Enterprises, Inc. @ NECA
Attn: Legal Department
603 Sweetland Ave
Hillside, NJ 07205
Chia.com notice to you:
Our notice to you will be sent to the most recent contact information you provide. If no such information exists, or if such information is not current, then we have no obligation under this section.
After notices are received the parties shall attempt, promptly and in good faith, to resolve any such disputes. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to arbitration If we cannot resolve a Dispute within thirty (30) days of receipt of the notice, then to the fullest extent not prohibited by applicable law, any and all disputes between you and Chia.com of any nature or arising out of any transaction or relationship, including but not limited to those related to this Site or these Terms, shall be resolved by arbitration in accordance with the provisions of this Section. BY USING THE SITE AND AGREEING TO ARBITRATION YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. You and Chia.com expressly delegate to the arbitrator the authority to determine the arbitrability of any dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending an email to [email protected] or sending a letter requesting arbitration to:
Joseph Enterprises, Inc. @ NECA
Attn: Legal Department
603 Sweetland Ave
Hillside, NJ 07205
Disputes will be resolved solely by binding arbitration in accordance with the then-current Consumer Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to arbitrate the Dispute, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Chia.com consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Chia.com to pay a greater portion or all such fees and costs for this Section to be enforceable, then Chia.com will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply applicable law and the provisions of these Terms and any Additional Terms; determine any Dispute according to applicable law and facts in the record and no other basis; and issue a reasoned award only in favor of the party seeking relief and only to the extent such relief is warranted by that party’s claim. This arbitration provision shall survive termination of these Terms.
APPLICABLE LAW
By visiting this Site, you agree that the laws of the State of Wisconsin, United State of America, without giving effect to any principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Chia.com or any of its affiliates or subsidiaries.
SEVERABILITY
Unless otherwise specified, these Terms constitute the entire agreement between you and Chia.com. If any of these Terms, provisions or conditions shall be deemed illegal, invalid, void, or unenforceable for any reason, that provision or condition shall be deemed severable and the remainder of the Terms shall be unaffected and shall not affect the validity and enforceability of any remaining terms or conditions.
CONTACT US
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
By Email: [email protected]
