Conditions Of Use

Welcome to Chuck Simons.com.

ChuckSimons.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at ChuckSimons.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future ChuckSimons.com service (e.g., Your Profile, Gift Certificates, etc.) or visit or purchase from any business affiliated with ChuckSimons.com, whether or not included in the Chuck Simons.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ChuckSimons.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Chuck Simons.com and protected by U.S. and international copyright laws. All software used on this site is the property of ChuckSimons.com or its software suppliers and protected by United States and international copyright laws.

Site Use
ChuckSimons.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ChuckSimons.com. 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 express written consent of ChuckSimons.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 ChuckSimons.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing ChuckSimons.com’ name or trademarks without the express written consent of Chuck Simons.com. Any unauthorized use terminates the permission or license granted by Chuck Simons.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ChuckSimons.com so long as the link does not portray ChuckSimons.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Chuck Simons.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CHUCKSIMONS.COM OR ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CHUCKSIMONS.COM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ChuckSimons.com AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ChuckSimons.com AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM CHUCKSIMONS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHUCKSIMONS.COM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 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.

By visiting ChuckSimons.com, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ChuckSimons.com or its affiliates. Any dispute relating in any way to your visit to ChuckSimons.com or to products you purchase through ChuckSimons.com shall be submitted to confidential arbitration in Atlantic City, New Jersey, except that, to the extent you have in any manner violated or threatened to violate ChuckSimons.com’s intellectual property rights, ChuckSimons.com may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.