Site Information

 Loading... Please wait...

Terms and Conditions

Terms & Conditions of Use

Thank you for visiting Chameleonpens.com. Take some time to explore our website and see where your creativity takes you.

The Chameleon Art Products website located at www.chameleonpens.com and all other sites, services, and tools where these terms and conditions appear or are linked (collectively, the “Website”) are governed by these Terms. As used in these terms and conditions, “Chameleon”, “us”, or “we” refers to Chameleon Art Products Inc. and its subsidiaries and affiliates.

The Website is provided as a service for our Customers. Please review the following Terms and Conditions of Use (the “Terms”) before using Chameleonpens.com and before purchasing products or services (the “Product”), or obtaining content from our website. These Terms contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

 

  1. 1.          Privacy Policy

 

Our Privacy Policy is a part of these Terms. By agreeing to these Terms, you acknowledge you have read, understood and agree with our Privacy Policy. Neither we, nor our affiliates, will be liable to you for any damages, including without limitation, direct, indirect, special, incidental, punitive, exemplary, or consequential damages, that may result from any violation of the Privacy Policy.

 

For further information regarding Chameleon’s protection of your personal information, please refer to our Privacy Policy page.

 

  1. 2.          Agreement to Terms & Conditions of Use

 

By using the Website, accessing information on the Website, ordering Product or accepting delivery of Product, means that you have read, understood and agree to these Terms, and forms a legally binding agreement to them. The Terms constitute the entire and sole agreement between Chameleon and you regarding your use of the Website. All prior or contemporaneous representations, warranties, conditions and understandings regarding your use of the Website, or your purchase of Product, are specifically disclaimed and superseded by these Terms.

 

If you do not agree with these Terms, or if you disagree with specific parts of them, then do not use the Website. Your continued use of the Website means that you agree to the Terms. You cannot use the Website, and at the same time object to these Terms. Your use of the Website is at your sole risk.

 

  1. 3.          Changes to the Terms

 

We reserve the right to update or modify these Terms at any time, without prior notice to you or to other users of the Website. Your continued use of our Website after the Terms are changed constitutes your agreement to the changes that have been made and your continued agreement to be bound by these Terms as so changed. The date these Terms were last changed is shown at the bottom of these Terms. If you are not satisfied with the Website or these Terms you must stop using the Website.

 

  1. 4.          Copyright & Content

 

All content included on the Website, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively “Content”) are protected under applicable copyrights, trademarks, patents and other proprietary rights and are owned or licensed property of Chameleon or its suppliers or licensors. You do not require ownership rights when viewing the Website.

 

The collection, arrangement, and assembly of all Content on the Website belongs exclusively to Chameleon and is protected by U.S. and international copyright laws. Chameleon and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

 

  1. 5.          License & Access

 

The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, creative derivative works from, sell or exploit in any way any of the Contents or the Website.

 

The Website is a business Website intended for use by individuals who have reached the age of majority in the state, province or territory where they reside. Any user of the Website represents to us that he or she has reached the legal age of majority in the state, province or territory where they reside. If you are between ages 13 and the legal age of majority, and continue to use our website, then your parent / legal guardian represents to us that he or she consents to these Terms on your behalf, and that she or he consents to your use of our Website. A parent/legal guardian of a child between ages 13 and the legal age of majority is solely responsible for their child’s use of the Website, including all financial charges. We are not liable for any damages that may result from a user’s misrepresentation of age. No one under age 13 is authorized to submit or post any information, including personally identifying information, on our Website. Under no circumstances may anyone under age 13 use our Website, except to browse. Parents or legal guardians of children under 13 cannot agree to these Terms on their behalf.

 

  1. 6.          Unlawful or Prohibited Conduct

 

The Website can only be used for lawful purposes in accordance with the Terms. As a condition of your using the Website, you warrant to Chameleon you will not use the Website for any purpose which is unlawful or prohibited by these Terms. In particular, but not limited to, you cannot:

 

  • violate any law, statute, ordinance or regulation;

 

  • modify, amend or alter any part of our Website;

 

  • amend any copyright information (such as author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of any material) included on or posted to the Website;

 

  • breach or attempt to breach the security of the Website, including, but not limited to: (a) viewing data not intended for you, (b) logging onto a server or account that you do not have authorisation to access, (c) attempting to test the vulnerability of a network or system, or to breach authentication or security measures, (d) subjecting our Website to any virus, Trojan horses, worms, time bombs, cancelbots, mailbombs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information or otherwise interfere with the service to any network or host, (e) forging any header information or part thereof in any email or posting, or (f) impersonating the Chameleon Website or another user;

 

  • to post or transmit any unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene or libellous content that is invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or harasses or advocates harassment of another person or promotes information that you know is false, misleading or promotes illegal activities;

 

  • use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than the search engine and search agents provided by Chameleon or generally publicly available browsers;

 

  • use any form of data extraction or other data gathering tools, or create a database by the systematic download or storage of Website content, or otherwise collect, store, or use any Content, product listings, descriptions, prices, or images, except as allowable by the limited license granted by these Terms;

 

  • misrepresent the identity of a user, solicit password or personally identifying information from other users, impersonate or falsely state or otherwise misrepresent your connection with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;

 

  • upload, post, e-mail or otherwise transmit any (a) content infringing any patent, trademark, copyright or other proprietary right of any party (b) material containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or other electronic equipment;

 

  • advertise or offer to sell or buy any goods or services for any business purpose;

 

  • commit any other act that is, in Chameleon’s sole judgment, otherwise inappropriate for the Website.

 

  1. 7.          Registration & Passwords

 

You may be required to register with Chameleon in order to access certain parts or services of the Website. Your user name and password are solely for your personal use. We may not allow to use you the user name you request. By registering an account, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities that occurring with account or password.

 

  1. 8.          Termination

 

We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the Website and to block or prevent future access to and use of the Website if you violate these Terms, for any reason, or for no reason. Upon any such termination, your right to use the Website will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Website. Upon termination, all provisions of these Terms that are intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

 

  1. 9.          Transactions

 

If you wish to purchase any Product made available through the Website (each purchase, a “Transaction”), you may need to supply certain information including, but not limited to, your credit card number and its expiration date, your billing address and your shipping information. You REPRESENT AND WARRANT you have the LEGAL RIGHT to use any credit card(s) or other payment method(s) used in connection with any Transaction. By submitting this information, you give Chameleon the right to provide this information to third parties for in order to facilitate completion of the Transaction(s) initiated by you or on your behalf. Chameleon may require verification of information before acknowledgment or completion of any Transaction.

 

Chameleon reserves the right to refuse any order placed by you. At our sole discretion we may limit or cancel quantities purchased, these restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. Should we need to make a change to or cancel an order, we will attempt to notify you by via the email and/or billing address/phone number provided when the order was placed.

 

You agree to pay any and all charges incurred by you or on your behalf through the Website, at the effective price(s) when such charges are incurred including, but not limited to, any and all shipping and handling charges. You will be solely responsible for any taxes and duty that may arise from your Transaction(s).

 

  1. 10.       Products & Services Offered

 

The inclusion of any Products on the Website does not imply or warrant that these Products will be available. All descriptions, references, specifications, features, images, content, Products, and prices of Products described or displayed on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.

 

  1. 11.       User Submitted Content

 

Chameleon welcomes your reviews, comments, photos, videos, or any other content and communications that you submit through or to the Website ("User Content") provided the User Content you submit complies with these Terms.

 

We reserve the right, and you authorize us, to use all information regarding your use of this Website and all information provided by you, consistent with our Privacy Policy. By submitting material to us, you automatically grant, or warrant that the owner of such material has expressly granted us, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Website to access, view, store, or reproduce the material for that user’s personal use. You grant Chameleon the right to edit, copy, display, publish and distribute any materials made available on the Website by you. By submitting material to us, or making materials available on the website, you irrevocably waive your, or warrant that the owner of such material has waived his or her, moral rights in the materials.

 

For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Chameleon the right to include the name provided along with the User Content submitted by you; provided, however, Chameleon shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit.

 

You agree any User Content is accurate; in accordance with any applicable laws or regulations; does not infringe any third party rights (including copyright, trademark, privacy, or publicity rights); will not cause injury; and will not include, or contain links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of spam, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. Any User Content you submit is your sole responsibility, Chameleon assumes no liability for any User Content you submit. You acknowledge and agree that Chameleon reserves the right (but has no obligation) to, at our sole discretion: (a) monitor and review User Content; (b) amend, allow to be posted, remove, or decline to post any User Content; and/or (c) disclose any User Content to any third party, together with the circumstances surrounding its transmission.

 

Content may also be provided by third party visitors to the Website. Please be aware that Website visitors may post content that is inaccurate, misleading, or deceptive. Chameleon does not endorse and is not responsible for any opinion, advice, information, or statements provided by third parties. Chameleon will not be liable for any loss or damage resulting from your reliance on any such information or materials. Any third party opinions reflect solely the opinions of the individuals who submitted them and as such may not reflect the opinions of Chameleon.

 

  1. 12.       Colors

 

Colors are not guaranteed. Due to color variability in computer and screen monitors, we have no liability if colors of the products do not match their display on our Website.

 

  1. 13.       Discontinued Product

 

Chameleon reserves the right to change and discontinue product at any time without notice to you, and this may affect information saved in any sales through an online cart.

 

  1. 14.       Availability, Errors & Inaccuracies

 

Chameleon's acknowledgement of your order means that your order request has been received. It does not imply your order has been accepted or shipped or that the price or availability of a Product has been agreed. Chameleon makes every effort to describe and display its Products accurately on the Website. Regardless of these efforts, a small number of Products on the Website may be described inaccurately, mispriced, or unavailable, and there may be delays in updating information on the Website and in our advertising on other websites. We are, therefore, unable to and do not guarantee the accuracy or completeness of any information contained on the Website (including, but not limited to, prices, product images, specifications and availability). Chameleon reserves the right to change or update information, correct errors and inaccuracies, or omissions at any time and without prior notice. We are sorry for any inconvenience. As part of our shipping process, we check the availability and the price before a Product is despatched. Where a Product’s actual price is lower than our stated price, we will charge the lower price and ship the Product to you. If a Product’s actual price is higher than our stated price, or the item is no longer available, or it is determined there were inaccuracies in our product information, we will cancel your order and inform you of this action by email.

 

  1. 15.       Risk of Loss

 

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Website passes to the purchaser upon delivery to the carrier.

 

  1. 16.       Gift Cards

All gift cards are deemed purchased in and issued from the State of Indiana. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

 

  1. 17.       Returns

 

If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy. The Return Policy is incorporated into these Terms in its entirety.

 

  1. 18.       Notice & Procedure for Making Claims of Copyright Infringement

The following is provided pursuant to the requirements of the DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") designating the Company's agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. We do not and will not make any legal decisions regarding the validity of your claim of infringement or the possible defenses to a claim. Once a clear and valid notice has been received in accordance with guidelines below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request further information. Under the DMCA, we are required to take reasonable steps to notify the user who posted the allegedly infringing content and this user is permitted, under the law, to send us a counter-notification. Notices and counter-notices are legal notices distinct from regular Website activities or communications. We may publish or share them with third parties at our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

 

To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not compliant with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

  1. 1.     Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
  2. 2.     Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
  3. 3.     Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
  4. 4.     If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
  5. 5.     Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
  6. 6.     Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
  7. 7.     Be signed; and
  8. 8.     Be sent to our DMCA designated agent at the following address:

Chameleon Art Products Inc

Legal Dept / Copyright

6355 Morenci Trail

Indianapolis IN 46268

 



  1. 19.       Links to Third-Parties' Websites

 

Our Website may contain links or advertisements to other websites operated by a third party. We provide these links for your convenience and do not endorse such websites or their contents. We neither control nor review these websites or their content. Under no circumstances will Chameleon be held responsible or liable, whether directly or indirectly, for any loss caused or allegedly caused by any third party websites, including, but not limited to, their content, the goods and services being offered on them, or your reliance upon them. We do not investigate, monitor or check these third party websites for accuracy, completeness, or conformance with all applicable laws and regulations. Should you leave this Website and access these third party websites, it is at your own risk, and the terms and conditions, rules and policies of the third party websites will apply to you when you are on their websites. USING THIRD-PARTY WEBSITES AND RESOURCES IS DONE AT YOUR OWN RISK.

 

  1. 20.       Disclaimers of Warranties and Limitation of Liability

 

(A) WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR Website AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OUR Website. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT. OUR Website IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS. (B) WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, THE PROVISION OF SERVICES AND SUPPORT, LOSS OF, OR DAMAGE TO, PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR NATURE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT: (1) RESULTS FROM PRODUCT NOT BEING AVAILABLE FOR USE, (2) RESULTS FROM YOUR USE OF OR INABILITY TO USE THE website OR ANY Website WITH WHICH IT IS LINKED, OR (3) IS CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE Website, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE Website, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. (C) YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. (D) YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE PURCHASE PRICE (PLUS SHIPPING, IF APPLICABLE) INVOICED FOR THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY AND SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, WILL NOT EXCEED U.S. $100. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THE REMEDIES SET FORTH IN THESE TERMS APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. (E) NOTE: THE ABOVE DISCLAIMERS DO NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT MANUFACTURER. (F) CRAFT-MAKING, SCRAPBOOKING, SEWING, QUILTING, KNITTING, AND THE OTHER ACTIVITIES INCLUDED IN OUR Website ARE HIGHLY INDIVIDUALIZED PURSUITS, WITH PROJECT RESULTS VARYING WIDELY, DEPENDING UPON THE TYPE OF SUPPLIES USED AND THE SKILL LEVEL AND CREATIVE ABILITY OF THE MAKER. WE DO NOT GUARANTEE THE RESULTS OF ANY PATTERN, INSTRUCTION, DESIGN OR PROJECT PRESENTED ON OUR website, AND WE DISCLAIM ALL LIABILITY FOR UNSATISFACTORY RESULTS. (G) YOU ACKNOWLEDGE THAT THIS website AND THE INFORMATION PROVIDED AT THIS website WOULD NOT BE PROVIDED BY THE COMPANY WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.

 

  1. 21.       Jurisdictional Issues

 

Chameleon controls and operates the Website from the United States, it is not intended to subject Chameleon to the laws or jurisdiction of any state, country or territory other than those of the United States. Chameleon does not represent or warrant that the Website or any part thereof is appropriate or available for use in any jurisdiction other than the United States. By choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may at our sole discretion limit the Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time.

 

  1. 22.       Indemnification & Defense

 

You agree to indemnify, defend, and hold harmless Chameleon, our affiliates and our respective directors, officers, employees, and agents from any liability, loss, claim, fine, penalty, damages and expense, including, without limitation, reasonable attorneys' fees and expenses, related to your violation of these Terms, or your access or use of the Website or any of the information or materials available, or Products purchased through the Website.

 

  1. 23.       Notices & Electronic Communications

 

Except as explicitly stated otherwise, any notices you send to Chameleon shall be sent by mail to:

Chameleon Art Products, Inc.

6355 Morenci Trail

Indianapolis IN 46268

 

In the case of notices Chameleon sends to you, you consent to receive notices and other communications by Chameleon posting notices on the Website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Chameleon provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

  1. 24.       Notice for California Residents

 

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to Help@chameleonpens.com. You may also contact us through our website, www.chameleonpens.com, by calling 888-300-3111, or by sending mail to the contact address listed in section 23. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

  1. 25.       Applicable Law; Disputes

 

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF INDIANA, UNITED STATES OF AMERICA, WITHOUT REGARD TO INDIANA’S

CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE 7th CIRCUIT COURT OF SOUTHERN INDIANA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE 7TH CIRCUIT COURT OF SOUTHERN INDIANA, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF INDIANA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEBSITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.

 

  1. 26.       Miscellaneous

 

No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

 

  1. 27.       Contact Us

 

If you have any concerns about Chameleon or your use of the Website, please contact us with a detailed description; we will try to resolve it.

 

Effective Date: October 2014