Terms of Use
BEFORE USING THIS WEBSITE FOR ANY PURPOSE, PLEASE CAREFULLY READ THESE TERMS AS YOU ARE BOUND TO EACH OF THEM:
YOU AGREE THAT BY USING THE SITE, AND PRODUCTS YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Overview & Acceptances of the Terms of Service. This website is operated by Charmlee Inc., a California corporation, (referred to as “CHARMLEE” “we,” “us,” or “our” herein). CHARMLEE offers this website, including all information, tools and products available from this site to you, on an “as is” basis subject to the terms, conditions, policies and notices stated herein.
By visiting our site and/or purchasing product from us, you agree to be bound by the following terms and conditions. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or purchasing product from our website. By accessing or purchasing product from our web site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you should exit this web site immediately, and not access the website or purchase any product. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Changes to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service to our website without notice. It is your responsibility to check this page at your own discretion for any changes. Your continued use of or access to the website following any changes implies your acceptance of the changes.
By using this website, you represent and warrant that you are of legal age to form a binding contract with the Company and reside in the United States or any of its territories or possessions. If you do not meet all of these requirements, you must exit the web site immediately, and not access or purchase any product from the Website.
When buying a product from our website, you agree that you are responsible for reading the full item listing before making a commitment to buy the product, and recognize that you are entering into a legally binding contract to purchase the item and complete the checkout payment process.
We cannot guarantee availability of a particular product at any given time. We reserve the right to make changes to our website as well as the contents, features, product offerings, and make changes to the accessibility of the site when needed in our sole discretion. Prices listed on our website for our products are subject to change at any time without notice.
When providing your email address to Charmless, you consent to receive communications from us electronically from time to time. If you do not wish to receive such promotional materials, please notify us at any time or select the unsubscribe button in your email from us to adjust your settings.
Privacy Policy. CHARMLEE very much respects your privacy and permits you to control the treatment of your personal information. A complete statement of CHARMLEE’s current Privacy Policy can be found by clicking here. CHARMLEE’s Privacy Policy is expressly incorporated into this Agreement by this reference in its entirety.
We do not collect or sell any information provided by you. All transactions are managed through Square. Any information provided through the transaction process including credit card information and other personal information are managed through Square and will be subject to Square’s Privacy Policy, Refund Policy, and Terms of Use. We do not retain, share or sell any of this information.
When you open an account to use or access certain portions of the Site & Products, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. Only you are allowed access and you shall not assign or allow another to have access using your identity at any time. You may not use any third party's account, user name or password at any time, directly or indirectly. You agree to notify CHARMLEE immediately of any unauthorized use of your account, user name or password. CHARMLEE is not, and shall not be, liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by CHARMLEE, our affiliates, officers, advisors, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
In connection with the use of certain Site Content, & Products, you may be asked to provide personal information in a questionnaire, application, form, survey or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant CHARMLEE worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable Content & Product purchases. You may revoke this license and terminate rights held by CHARMLEE at any time by terminating your relationship with CHARMLEE and removing your personal information from the applicable product purchasing services.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
A violation of any of the Terms will result in the immediate termination of Our Services and Products to you without notice.
Reviews, Comments, Communications, and Other Content. At various locations on the Site, CHARMLEE may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use. CHARMLEE will not disturb the ratings, reviews or comments of any Subscribers unless the content is:
a. Inappropriate content: Expletives, cursing, threats, harassment, lewdness, hate speech, and other displays of bigotry.
b. Promotional content: Promotional content on behalf of yourself or another will be removed.
c. Relevance: If a review is not focused upon CHARMLEE’s services or goods, CHARMLEE reserves the right to remove statements regarding, political ideologies, religious beliefs, extraordinary circumstances, or other matters that don't address the goods or services of the Sponsor or Speaker
d. Privacy: Personal information or photographs of yourself or third parties will be removed.
e. Intellectual property: Do not post content which you do not own. All infringing material will be removed in accordance with the takedown policy set forth herein.
Return and Refund Policy. All other sales are final.
CBD and Hemp Products. Those products offered for sale by Charmlee which contain CBD or Hemp are not available for purchase in the following states: Hawaii, Idaho, Iowa, Mississippi, New Hampshire and South Dakota. Charmlee takes no responsibility for your sale, transfer or transportation of products containing CBD or Hemp into any jurisdiction in which CBD or Hemp is not legal.
We reserve the right to refuse service for anyone at any time we feel necessary.
Ownership of Intellectual Property Rights, Copyrights, Logos and Trademarks. The products, services, and materials found within this website, including without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of CHARMLEE. Except as explicitly provided herein, nothing in these Terms shall be used to create a license in or under such Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display or perform, adapt, edit, or create derivative works thereof.
Indemnification. You agree to indemnify and hold the CHARMLEE, harmless from any claim or demand, loss, liability claims or expense, including reasonable attorney’s fees and costs, made against them by any third party due to or arising out of your use of the Website in a manner not permitted by CHARMLEE, including without limitation your actual or alleged violation of these Terms of Use.
Limitation of Liability. To the maximum extent permitted by the applicable law, in no event shall CHARMLEE, or anyone affiliated with the CHARMLEE, be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use the products of this Website.
Under no circumstances will CHARMLEE, or any of the CHARMLEE, parties be liable to you or to anyone or entity claiming through you for any loss, injury, liability, damage, or damages arising out of or in connection with your access to, use of, inability to use or reliance in our sites or any content, product or service provided to you through or in connection with our Website.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES; NON -RELIANCE. (A) CHARMLEE NOR ANY PERSON ON CHARMLEE’S 'S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, LUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OR PERFORMANCE OF GOODS OR PRODUCTS TO STANDARDS SPECIFIC TO THE COUNTRY OF IMPORT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) YOU ACKNOWLEDGE THAT YOU HAVE HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY CHARMLEE, OR ANY OTHER PERSON ON CHARMLEE’S BEHALF.
Right to Modify and Change Terms. It is our right to modify and change these terms at any time without notice. You should review these pages because of this. Continued use of our website after any such change is your acceptance of the new Terms provided. If you do not agree to such Terms at any point in time, do not purchase any product, access (or continue to access) the website.
Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © Charmlee Inc. ALL RIGHTS RESERVED.
Trademarks. CHARMLEE and all logos, custom graphics, images, product names, service names, and all page headers, and button icons are service marks, trademarks and/or trade dress of CHARMLEE. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Ownership. All content included on this site, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, trademarks, audio or video clips, digital downloads, data compilations and software, is the property of, or licensed to, Charmless or is the property of CHARMLEE’s content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content of this site is the property of CHARMLEE and is protected by the laws of the United States and other countries and international treaties. You are advised that CHARMLEE will aggressively enforce its intellectual property rights to the fullest extent of the law, which may lude the seeking of criminal prosecution.
User Content
If any content is original work by you the user/consumer of our product or service, then you own the copyright in that work. We do not claim any copyrights in original work that has been created and/or shared by site visitors. On the contrary, by uploading, posting, sharing, transmitting, or otherwise making any User Content available on or through a Website or social media, you are granting Charmlee , and related entities affiliated with Charmlee, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any requirements from Charmlee to notify, attribute, or compensate you for.
Use of Testimonials and Endorsements. The testimonials and endorsements on the Site are those respective person’s or entities opinions, none of which provides a guarantee of results, and all circumstances including yours will be unique and are not exactly comparable.
No Guarantee of Results; Results will Vary. Charmless doesn’t guarantee any results of any kind using its Site Content, or Products. Results will vary, as each person is unique as are often the particular circumstances involved. Each is unique and not exactly comparable.
Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site Content and Products is governed by California law exclusive of choice of law principles. All legal proceeds including arbitration shall take place in the County of Orange, State of California.
Entire Agreement. These Terms of Use, and any related exhibits and schedules, constitutes the sole and entire agreement between You and CHARMLEE with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
Integration Clause. These Terms of Use constitute the entire agreement between you and CHARMLEE, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights
Acknowledgement. BY USING THIS WEBSITE OR PURCHASING PRODUCT FROM THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Customer Support Details and Contact Information
Questions regarding the Terms of Service should be sent to info@drinkcharmlee.com.
Effective Date of this Terms or Service: September 01, 2022