Last modified: 7/4/2019
Definitions: The following Terms are used from time to time and have the following meaning:
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND Mr. Charlie's Xoxo ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
- What We Do
Mr. Charlie's Xoxo is an online medical cannabis community that provides access to information and educational references, as well as certain Products. We are a retail shop provider, not a health care service provider, health plan/insurance company, or licensed to sell health insurance. Our platform may not be used by Health Care Providers to provide medical services to you. Educational services are limited to providing information of a general nature regarding medical cannabis. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR CALL 911.
Customers who live in one of our delivery service areas may order certain Products through the Mr. Charlie's Xoxo Sites. We are not a Product manufacturer. The statements and Products shown on the Mr. Charlie's Xoxo Sites have not been evaluated by the US Food and Drug Administration (“FDA”) and any use of Products is at your own risk. The Products available through the Mr. Charlie's Xoxo Sites are not intended to diagnose, cure, prevent, or treat any disease.
- Registration/User Names
You are not obligated to register with Mr. Charlie's Xoxo in order to access the Mr. Charlie's Xoxo Sites. However, certain services of the Mr. Charlie's Xoxo Sites are available only to users who have registered with Mr. Charlie's Xoxo or other persons affiliated with Mr. Charlie's Xoxo who have been granted accounts with usernames and passwords ("Secure Users"). Secure Users must be at least 21 years of age. If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to Mr. Charlie's Xoxo. If you do not maintain such information, or Mr. Charlie's Xoxo has reasonable grounds to suspect as much, Mr. Charlie's Xoxo has the right to suspend or terminate your account and your use of the Mr. Charlie's Xoxo Sites. You may have as many active Secure User accounts on the Mr. Charlie's Xoxo Sites as you choose at any given time, and only you may use your designated accounts to access the Mr. Charlie's Xoxo Sites, and you may not use anyone else's account at any time. You also agree to promptly notify Mr. Charlie's Xoxo of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Mr. Charlie's Xoxo Sites by emailing Mr. Charlie's Xoxo at firstname.lastname@example.org. In addition, you agree to exit from your Secure User account at the end of each session. Mr. Charlie's Xoxo explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
Our Mr. Charlie's Xoxo Sites require users to give us unique identifiers in order to log into many areas of the Mr. Charlie's Xoxo Sites. We utilize these unique identifiers to verify the user's identity and eligibility, in order to protect our members from the release of sensitive or personally identifiable information to unauthorized users. To help protect the privacy of data you transmit through the Mr. Charlie's Xoxo Sites, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (“SSL”) technology or similar encryption technology. In addition, Mr. Charlie's Xoxo takes steps to protect the user data we collect against unauthorized access. However, you should keep in mind that the Mr. Charlie's Xoxo Sites and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.
You must exercise caution, good sense, and sound judgment in using the Mr. Charlie's Xoxo Sites. You are prohibited from violating, or attempting to violate, the security of the Mr. Charlie's Xoxo Sites. Any such violations may result in criminal and/or civil penalties against you. Mr. Charlie's Xoxo may investigate any alleged or suspected violations and if a criminal violation is suspected whether in regards to the Mr. Charlie's Xoxo Sites, or your Content, Mr. Charlie's Xoxo will cooperate with law enforcement agencies in their investigations or any court order, including any legal order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
- Mr. Charlie's Xoxo Monitoring of Site
- Your Use of the Sites
You certify to Mr. Charlie's Xoxo that the Content you provide on or through any of the Mr. Charlie's Xoxo Sites is accurate and that the information you provide on or through the Mr. Charlie's Xoxo Sites is complete. Specifically, if you register with Mr. Charlie's Xoxo you certify that you are at least 21 years of age. You are responsible for maintaining the confidentiality and security of your account including username & password.
Mr. Charlie's Xoxo is not responsible for any losses arising out of the unauthorized use of your account. You agree that Mr. Charlie's Xoxo does not have any responsibility if you lose or share access to your device.
Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Mr. Charlie's Xoxo Sites or any portion of the Mr. Charlie's Xoxo Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Mr. Charlie's Xoxo Sites or any portion of the Mr. Charlie's Xoxo Sites.
In connection with the Mr. Charlie's Xoxo Sites, you will not:
- Ask a healthcare provider or anyone at Mr. Charlie's Xoxo for diagnosis, treatment, or other advice specific to your personal health and well-being.
- Make available any Content through or in connection with the Mr. Charlie's Xoxo Sites that is or may be in violation of the content guidelines set forth below.
- Make available through or in connection with the Mr. Charlie's Xoxo Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the Mr. Charlie's Xoxo Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortuous or unlawful.
- Harvest or collect information about users of the Mr. Charlie's Xoxo Sites.
- Interfere with or disrupt the operation of the Mr. Charlie's Xoxo Sites or the systems, servers, or networks used to make the Mr. Charlie's Xoxo Sites available, including by hacking or defacing any portion of the Mr. Charlie's Xoxo Sites; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Mr. Charlie's Xoxo Sites.
- Reverse engineer, distort compile, or disassemble any portion of the Mr. Charlie's Xoxo Sites, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Mr. Charlie's Xoxo Sites.
- Frame or mirror any portion of the Mr. Charlie's Xoxo Sites, or otherwise incorporate any portion of the Mr. Charlie's Xoxo Sites into any product or service, unless you obtain Mr. Charlie's Xoxo express prior written consent to do so.
- Systematically download and store any Materials.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Mr. Charlie's Xoxo Sites, without Mr. Charlie's Xoxo express prior written consent.
- Cause injury to any person or entity.
- You will not use the Mr. Charlie's Xoxo Sites or Mr. Charlie's Xoxo name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Mr. Charlie's Xoxo trademark, logo, URL, or product name without Mr. Charlie's Xoxo written consent; or
- Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Mr. Charlie's Xoxo Sites, and Mr. Charlie's Xoxo reserves the right to change the access configuration of the Mr. Charlie's Xoxo Sites at any time without prior notice.
- User Contributions
Mr. Charlie's Xoxo provides functionality and forums that enables users to make available Content and Ideas in connection with the Mr. Charlie's Xoxo Sites. The Mr. Charlie's Xoxo Sites currently offer, and may offer in the future, forums in which a user may request technical help regarding usage of the Mr. Charlie's Xoxo Sites (collectively, “Help Forums”). For avoidance of doubt, information you post in the Help Forums is considered Content and Ideas.
You hereby represent that you have the full authority to grant the right to Mr. Charlie's Xoxo as set forth herein. You hereby grant to Mr. Charlie's Xoxo a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Mr. Charlie's Xoxo is free to use any Ideas for any purpose. Mr. Charlie's Xoxo may sub-license its rights in Content and Ideas through multiple tiers of sub-licenses. Mr. Charlie's Xoxo is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Mr. Charlie's Xoxo the right to use any name associated with any Content or Idea that you make available to Mr. Charlie's Xoxo, although Mr. Charlie's Xoxo has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
Under applicable copyright law, the author of any post is the owner of the copyright in the post. Aside from the license that all registered users have granted to Mr. Charlie's Xoxo upon submitting a message as stated above, no one visiting the Mr. Charlie's Xoxo Sites is licensed to copy, reproduce, republish, modify, transmit, or distribute in any way any of the messages, or any portion of the messages, posted to the Mr. Charlie's Xoxo Sites without the prior written permission of the copyright owner.
Mr. Charlie's Xoxo does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any messages posted to a forum, nor do we endorse any opinions expressed in such posts. You acknowledge that any reliance on material posted by third parties on the Mr. Charlie's Xoxo Sites will be at your own risk. Most of the content posted to the forums is provided by third parties like you and Mr. Charlie's Xoxo is not responsible for this content.
- Prohibited Content
You agree that you will not make available Content in connection with the Mr. Charlie's Xoxo Sites that: (a) is false, fraudulent, inaccurate, or misleading; (b) is intended to cause harm, damage, disable, or otherwise interfere with the Mr. Charlie's Xoxo Sites (c) violates any local, state, federal, or international laws or is otherwise tortious; (d) is protected by or would infringe on the rights of others (including Mr. Charlie's Xoxo), including any Intellectual Property, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; (e) is obscene, indecent, pornographic, or otherwise objectionable or is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Mr. Charlie's Xoxo in its sole discretion; (f) victimizes, harasses, degrades, or intimidates or is violent or threatening; (g) promotes violence against, or actions that are threatening to, any individual or group, including without limiting the foregoing, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (i) contains advertisements, solicitations, or spam links to other web sites or individuals; (j) impersonates another business, person, or entity, including Mr. Charlie's Xoxo, its related entities, employees, and agents; (k) violates any policy posted on the Mr. Charlie's Xoxo Sites; or (l) contains your full name(s), or any other confidential personally identifiable information of yourself or others. Without limiting the above, you hereby agree that you will not make unsubstantiated "Health Claims" or "Qualified Health Claims" as defined by the Food & Drug Administration. You hereby agree and consent that Mr. Charlie's Xoxo may remove any Content that Mr. Charlie's Xoxo, in its sole discretion, determines to be in violation of this prohibition.
- Reporting & Reviewing Prohibited Content
If you believe that any Content on the Mr. Charlie's Xoxo Services contains prohibited Content, please contact email@example.com.
Mr. Charlie's Xoxo takes the health and well being of its users extremely seriously and will review all reports of Prohibited Content. If Mr. Charlie's Xoxo determines that the Content is Prohibited by these Terms, or for any other reason, in its sole discretion, Mr. Charlie's Xoxo reserves the right to take any action Mr. Charlie's Xoxo deems necessary and appropriate, which may include but is not limited to: (i) immediately and permanently removing the content; (ii) suspending the user who contributed the Content; or (iii) permanently banning the user from Mr. Charlie's Xoxo services.
- Ownership of Information Submitted via the Site
Except as prohibited by law, any information you transmit to Mr. Charlie's Xoxo via the Mr. Charlie's Xoxo Sites, whether by direct entry, submission, email or otherwise, including data, questions, comments, or suggestions, will be treated as non-proprietary and will become the property of Mr. Charlie's Xoxo.
- Information and Materials
Mr. Charlie's Xoxo and its suppliers and licencors may make available to users various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision and if such decisions are related to your health you should consult your doctor. The Mr. Charlie's Xoxo Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.
Mr. Charlie's Xoxo assumes no responsibility for the improper use of, and self-diagnosis, and/or treatment using any products or services made available through the Mr. Charlie's Xoxo Sites. Any products shown on our sites should not be confused with prescription medicine. Any products and services made available through the Mr. Charlie's Xoxo Sites should not be used as a substitute for medical services or medically supervised therapy. If you suspect you suffer from clinical deficiencies, consult a licensed, qualified medical doctor.
It is important that you understand why no claims can be made about the products you order through the Mr. Charlie's Xoxo marketplace and that we cannot suggest the use of any product that will effect a cure or affect a symptom/ailment. Before starting any product for illness, it is always wise to check with a medical doctor. It is especially important for people who are: pregnant or breast feeding, chronically ill, elderly, under 18, and currently taking prescription or over-the-counter medicines. None of the products or information available to the public on the Sites are intended to be a treatment protocol for any disease state, but rather are offered to provide information and choices regarding nutritional support for various health concerns. None of the information presented is intended to be an enticement to purchase and should not be construed as medical advice or instruction.
No action should be taken solely on information contained on or provided through the Mr. Charlie's Xoxo Sites, regardless of perceived scientific merit. Instead, readers should consult healthcare professionals on any matter related to their health. The information obtained from referenced materials shown on the Mr. Charlie's Xoxo Sites is believed to be accurate, as presented by their respective authors. Mr. Charlie's Xoxo assumes no liability for any personal interpretation. Users who fail to consult their physicians prior to the purchase and subsequent use of any product made available through the Mr. Charlie's Xoxo Sites assume the risk of any adverse effects willingly.
The use of any nutritional supplement or product for any reason is neither implied nor advocated by Mr. Charlie's Xoxo.
For any suspected or known illness or health concern, always consult with your physician or health care provider prior to the purchase or use of any nutritional product. Mr. Charlie's Xoxo has attempted to present information from literature, books, and other references, as well as information about products as accurately as possible, but you should be aware that generally the FDA has not approved or evaluated the information contained in that literature or on the Mr. Charlie's Xoxo Sites or discussed during educational consultations. Any literature reference or direct link to a specific product is for your information or convenience only, and should not be construed as an enticement to purchase, and further is not intended or implied to be used in the mitigation, diagnosis, treatment, cure, or prevention of any disease or illness.
Information on the Mr. Charlie's Xoxo Sites is provided for informational purposes only and is not meant as a substitute for the advice provided by your own physician or other trained medical professionals. The results reported on the Mr. Charlie's Xoxo Sites and discussed during educational consultations may not necessarily occur in all individuals.
THE Mr. Charlie's Xoxo ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS AND OTHER INFORMATION PROVIDED THROUGH THE HELLOMD SITES.
- Third Party Products
The Mr. Charlie's Xoxo Sites may make available listings, descriptions, and images of goods and services (collectively, "Third Party Products"). Such Third Party Products may be made available for order fulfillment from licensed third party retailers and delivery services. Mr. Charlie's Xoxo acts a marketplace for consumers, brand manufacturers and fulfilling retailers; in these cases it will not be a contracting party or agent to any of the transactions between the parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Mr. Charlie's Xoxo Sites). Mr. Charlie's Xoxo does not review, evaluate, or check any listings, descriptions, or images in advance for accuracy. Such information and the availability of any Third Party Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Third Party Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
Mr. Charlie's Xoxo has no liability to you for content on the Mr. Charlie's Xoxo Sites that you find to be offensive, indecent, or objectionable.
If you believe that any Product(s) in the Mr. Charlie's Xoxo marketplace, or any statements, descriptions, or entries related to those Product(s), are inaccurate, incomplete, unreliable, offensive, discriminatory, or otherwise violate these Terms, please contact firstname.lastname@example.org
In its sole discretion, Mr. Charlie's Xoxo reserves the right to remove any Third Party Products, product descriptions, advertising materials, images, or any other Content that it deems is in violation of these Terms or any state or federal law or that it deems should be removed for any other reason.
- Links to and from Third-Party Sites and Social Media
You may link to the homepage of www.mistercharlies.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Mr. Charlie's Xoxo Sites may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Mr. Charlie's Xoxo Sites
- Send emails or other communications with certain content, or links to certain content, on this Mr. Charlie's Xoxo Sites.
- Cause limited portions of content on the Mr. Charlie's Xoxo Sites to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
- Credit Transactions
As part of the services on the Mr. Charlie's Xoxo Sites, Mr. Charlie's Xoxo facilitates your payment for services and products. The only accepted form of payment on the Site is by certain major credit cards; cash will not be accepted. When you pay by credit card, you hereby authorize Mr. Charlie's Xoxo to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or Mr. Charlie's Xoxo is otherwise unable to debit the applicable amounts from your credit card, Mr. Charlie's Xoxo shall provide notice to you, where upon you shall immediately furnish Mr. Charlie's Xoxo with a valid credit card for payment. Your request for services through the Mr. Charlie's Xoxo Sites will not be fulfilled until full payment has been received and/or verified.
Mr. Charlie's Xoxo is a marketplace where consumers and retailers connect for the purchase of goods. Mr. Charlie's Xoxo is not responsible and makes no representations regarding the delivery of purchased goods from Third Party Retailers. Once the order is processed and directed to the Third Party Retailer, Mr. Charlie's Xoxo takes no responsibility and makes no representation regarding the reliability or timeliness of the delivery service.
Products will be delivered to an address designated by you, if applicable, so long as such address is complete and complies with the delivery restrictions contained on the Mr. Charlie's Xoxo Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the delivery party carrier.
Delivery of Products will only be made where legal. Estimated delivery times are determined based on the destination of the Products.
If you have a concern regarding the delivery of a product ordered on our website please contact our customer service department.
- Third-Party Interactions
Your interactions with entities or individuals found on or through the Mr. Charlie's Xoxo Sites, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Mr. Charlie's Xoxo Sites and disclosing personal information.
You agree that Mr. Charlie's Xoxo shall not be responsible or liable for any loss or damage or resulting civil or criminal legal or administrative action(s) of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Mr. Charlie's Xoxo Sites, or between users and any third party, you understand and agree that Mr. Charlie's Xoxo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Mr. Charlie's Xoxo, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Mr. Charlie's Xoxo Sites or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, and that, if known by him or her would have materially affected his settlement with the debtor or released party."
- No Mr. Charlie's Xoxo Editorial Control of Third-Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Mr. Charlie's Xoxo Sites is provided by third-party content providers, health care providers, or other Mr. Charlie's Xoxo Site users, Mr. Charlie's Xoxo has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party professionals, third-party suppliers or users on the Mr. Charlie's Xoxo Sites are those of such professional, third-party suppliers or users, respectively. Mr. Charlie's Xoxo does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Mr. Charlie's Xoxo Sites or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Mr. Charlie's Xoxo.
- Health Care Providers
Any information provided by a Health Care Provider during educational informational distribution or on the Mr. Charlie's Xoxo Sites is provided for your general information and is not intended as a Health Care Provider’s advice regarding your health, diagnosis or treatment of your health condition, or recommendation of a particular treatment, product, test, service, or provider. Mr. Charlie's Xoxo does not recommend or endorse any specific tests, providers, products, or the use of cannabis for medical efficacy.
INFORMATION PROVIDED DURING EDUCATIONAL REFERENCES IS PROVIDED ON AN “AS-IS” BASIS AND MR CHARLIE'S XOXO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. MR CHARLIE'S XOXO SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY WEBSITE USER) IN RELIANCE ON INFORMATION ABOUT OR PROVIDED BY HEALTH CARE PROVIDERS ON THE MR CHARLIE'S XOXO SITES. THE USE OF THE MR CHARLIE'S XOXO SITES BY ANY ENTITY OR INDIVIDUAL TO VERIFY THE CREDENTIALS OF HEALTH CARE PROVIDERS IS PROHIBITED.
- Intellectual Property
You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of Mr. Charlie's Xoxo without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent.
With the exception of the limited rights described above, no license, right, title, or interest in the Mr. Charlie's Xoxo Sites or any Materials is transferred to you as a result of your use of the Mr. Charlie's Xoxo Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Mr. Charlie's Xoxo Sites. The Mr. Charlie's Xoxo Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Mr. Charlie's Xoxo Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Mr. Charlie's Xoxo Sites and Materials is the exclusive property of Mr. Charlie's Xoxo and is also protected by U.S. and international copyright laws.
Mr. Charlie's Xoxo, names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Mr. Charlie's Xoxo Sites are trademarks or trade dress of Mr. Charlie's Xoxo in the U.S. and other countries. All other marks are the property of their respective companies.
- Notice and Procedure for Making Claims of Intellectual Property Infringement
Mr. Charlie's Xoxo respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Mr. Charlie's Xoxo asks our users to do the same. Mr. Charlie's Xoxo therefore employs measures to prevent copyright and other intellectual property infringement on the Mr. Charlie's Xoxo Sites. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
Mr. Charlie's Xoxo
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Mr. Charlie's Xoxo Sites are covered by the notice, a representative list of such works;
- Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mr. Charlie's Xoxo to locate the material;
- Information reasonably sufficient to permit Mr. Charlie's Xoxo to contact you, such as your name, address, telephone number and email address;
- A notarized statement by you in writing that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
- A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf, notarized as well. Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
- Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, MR CHARLIE'S XOXO WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE MR CHARLIE'S XOXO SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A MR CHARLIE'S XOXO ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO MR CHARLIE'S XOXO ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE MR CHARLIE'S XOXO SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO MR CHARLIE'S XOXO ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE MR CHARLIE'S XOXO SITES.
- Arbitration/ Governing Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Mr. Charlie's Xoxo Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Mr. Charlie's Xoxo will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
If you have any questions or comments, please contact us at email@example.com or by fax at the following station: 215.331.2080