Terms & Conditions

TERMS OF USE AND USER AGREEMENT

  1. Acceptance of Terms and Conditions
    1. Chesapeake Cartridge Corporation (“Chesapeake”) provides online shopping services, search services, and other content (collectively, “the Service”) subject to the following terms and conditions of service (“User Agreement”). By using the Service in any manner, including if you visit or shop at the chescart.com website, you agree to comply with all terms and conditions of this User Agreement.
    2. Chesapeake reserves the right, at its sole discretion, to change, modify or otherwise alter the terms and conditions of this User Agreement and the Service at any time. The changes will become effective immediately upon posting of the changes. You must review this User Agreement on a regular basis to keep yourself informed of any changes.
    3. You consent to receive communications from Chesapeake electronically. You agree that all agreements, notices, disclosures and other communications sent to you electronically satisfy any legal requirements that such communications be in writing.
  1. Personal Use
    You agree that the Service is intended for consumer-oriented personal use and is not intended for wholesale, commercial, military, or export sales. You agree not to re-sell or export products purchased through the Service.
  1. Compliance with Laws
    1. By placing an order with us or using our Service, you agree to comply with all laws and regulations within your jurisdiction.
    2. You represent and warrant that you are legally entitled to purchase, receive, possess, store, and use the Products you purchase from us within your jurisdiction.
    3. You represent and warrant that you will not export products purchased from us.
  1. User Generated Content
    1. You understand and agree that all postings, messages, text, media, or other materials posted on, transmitted through or linked from the Service (collectively, the “Content”), are the sole responsibility of the person originating such Content. You also understand and agree that:
      1. you are solely responsible for each individual item of Content that you post, email or otherwise make available through the Service;
      2. Chesapeake does not control and is not responsible for Content made available through the Service;
      3. you bear all risks associated with use of any Content and under no circumstances will Chesapeake be liable for any loss or damage of any kind incurred from the use of any Content posted, emailed or otherwise made available through the Service; and
      4. Chesapeake does not pre-screen or approve Content but Chesapeake shall have the right in its sole discretion to refuse, delete or move any Content for any reason.
  1. Third Party Content, Sites and Services
    1. Portions of the Service and Content available through the Service may contain features and functionalities that may link or provide you with access to third party content. Such Content is independent of Chesapeake.
    2. Chesapeake shall not be responsible or liable for any loss, damage, cost or expense of any type whatsoever incurred as the result of any dealings or other interactions with Third Parties.
  1. Registration and Account Obligations
    1. As material inducement to permitting your use of the Service, you warrant and represent that you are not a minor, are of legal age to form a binding contract and are not barred by law from using the Service. You further warrant, represent and agree to: provide true, accurate, current and complete information in your registration to use the Service and maintain and promptly update such registration information to keep it true, accurate, correct and complete. Any violation of the foregoing warranties, representations or agreements may result in suspension or termination of your privileges to access and use the Service.
    2. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
    3. You are responsible for all activities that occur under your account or password.
    4. Chesapeake reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.
  1. Privacy and Information Disclosure
    Chesapeake has established a Privacy Policy to explain to users how their information is collected and used. Your use of the Service constitutes your acceptance and agreement to our Privacy Policy.
  1. Conduct
    1. During your use of the Service, you shall not:
      1. contact anyone who has asked not to be contacted or make unsolicited contact with anyone for any commercial or improper purpose;
      2. stalk or otherwise harass anyone;
      3. collect personal data about other users for commercial, unauthorized or unlawful purposes;
      4. use automated means including spiders, robots, crawlers, data mining tools or similar software to download data from the Service unless expressly authorized in writing by Chesapeake;
      5. attempt to gain unauthorized access to Chesapeake’s computer systems or engage in any activity that disrupts, degrades, interferes with or impairs the performance of or functionality of the Services or Chesapeake’s website; or
      6. use any form of automated device or computer program that enables the submission of postings on Chesapeake’s website without each posting being manually entered by its author including, without limitation, use of any such automated posting device to submit postings in bulk or for automatic submission of postings at regular intervals.
    2. Chesapeake may, without prior notice, immediately terminate your access and use of the Service, in our sole discretion including, without limitation, for any of the following reasons:
      1. breach or violation of this User Agreement or other incorporated agreements or guidelines;
      2. request by law enforcement or other government agencies;
      3. discontinuance or material modification to the Service (or any part thereof);
      4. unexpected technical or security issues or problems;
      5. extended periods of inactivity; or
      6. suspicion of engagement by you in fraudulent or illegal activities.
    3. If your account is Terminated, you may not continue to use the Service under an alternative user account, or register or attempt to register under a new user account.
  1. Transfer of Title and Risk of Loss
    All items purchased from Chesapeake are subject to free on-board (“FOB”) delivery at our distribution center, or the distribution center of our fulfillment center(s). This means that the risk of loss and title for products purchased from us pass to you upon our placing the products into the possession of the Parcel Carrier.
  1. Product Descriptions
    Chesapeake does its best to accurately represent the merchandise through photo, price and text description. Occasionally we make mistakes, if such a mistake should occur; your order will be corrected as the facts dictate. We are not liable for errors in pricing, pictures, or descriptions.
  1. Pricing
    Chesapeake does its best to ensure accurate and competitive pricing. Chesapeake reserves the right to adjust prices without notice. Certain promotional prices and sales may be quantity limited or on a while supplies last basis. We are not obligated to offer rain checks or to extend/or offer sales pricing outside of our stated sales period or beyond the promotional quantity reserved for such promotions. We are not obligated to honor a price that is in error and may cancel orders with or without additional notice when an error is found prior to delivery.
  1. Access to the Service
    Chesapeake grants you a limited, revocable, non-exclusive license to access the Service for your own personal use. This license does not include access to the Service by posting agents or any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders or similar data gathering or extraction tools for any purpose unless expressly approved in writing by Chesapeake.
  1. Termination of Service
    Chesapeake, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service for any reason, including, without limitation, if Chesapeake believes that you have violated this User Agreement. Further, Chesapeake shall not be liable to you or any Third Party for any termination of your access to the Service.
  1. Proprietary Rights
    1. The Service is protected by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work or compilation pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Chesapeake. You shall not reproduce, duplicate or copy Content from the Service without the express written consent of Chesapeake and you agree to abide by any and all copyright notices displayed on the Service. Without limiting the foregoing, you shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
    2. Although we do not claim ownership of user-generated content, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, transferable, irrevocable, worldwide license to use, copy, perform, display and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content and to grant and authorize sublicenses (through multiple tiers) of the foregoing. By posting Content to any public area of the Service, you automatically grant us all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Service by any party for any purpose.
  1. Notification of Infringement Claims
    If you believe that your intellectual property has been unlawfully copied or any Content otherwise infringes your intellectual property rights, please notify us in writing immediately.
  1. Disclaimer of Warranties
    YOU AGREE THAT USE OF THE CHESAPEAKE SITE THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE CHESAPEAKE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CHESAPEAKE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CHESAPEAKE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CHESAPEAKE DISCLAIMS ANY WARRANTIES FOR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CHESAPEAKE SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you.
  1. Limitation of Liability
    UNDER NO CIRCUMSTANCES SHALL UPSATE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CHESAPEAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE CHESAPEAKE SITE OR THE SERVICE, OR YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE CHESAPEAKE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CHESAPEAKE SITE OR THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
  1. Indemnity
    YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD CHESAPEAKE, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, COURT COSTS AND OTHER LEGAL DISBURSEMENTS AND EXPENSES ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF THE SERVICE, YOUR VIOLATION OF THIS USER AGREEMENT, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, AND YOUR USE OR MISUSE OF PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CHESAPEAKE SITE OR THE SERVICE THIS INDEMNITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
  1. Resolution of Disputes
    You and Chesapeake agree that we will resolve any claim or controversy that arises out of this User Agreement, the Service or any sales transaction (a “Claim”) in accordance with one of the procedures described below. We strongly encourage you to first contact us directly by email to seek a resolution of the Claim.

    1. CHESAPEAKE AND YOU HEREBY AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF SOUTH CAROLINA AND VENUE SHALL BE PROPER IN CHESTER COUNTY.
    2. For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $50,000 Either party may elect to resolve the dispute through binding non-appearance arbitration. If a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
      1. the arbitration shall be conducted by telephone, online or be solely based on written submissions and the specific manner shall be chosen by the party initiating the arbitration;
      2. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties;
      3. the arbitration shall be conducted by a single arbitrator; and
      4. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  1. General
    1. This User Agreement contains the entire agreement between Chesapeake and you and governs your use of the Service and all transactions or other matters between Chesapeake and you, superseding any prior agreements between Chesapeake and you.
    2. This User Agreement and the relationship between Chesapeake and you shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions.
    3. The failure of Chesapeake to exercise or enforce any right or provision of this User Agreement in any instance shall not constitute a waiver of such right or provision.
    4. If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, such invalid provision shall be fully severable and the other provisions of this User Agreement shall remain in full force and effect.
    5. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this User Agreement must be filed within one year after such claim or cause of action arose or accrued or be forever barred.
  1. Copyright Notice
    Copyright notice for all pages on this website: © 2017 Chesapeake Cartridge Corporation. All Rights Reserved. Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties
  1. Disclaimer Liability
    Chesapeake has taken reasonable efforts to ensure that the information contained in this website is accurate; however, all information is provided “as is” without any expressed or implied warranties, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL CHESAPEAKE BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth in the User Agreement, as well as all applicable laws, and such access and use is at the user’s own risk. Our products are intended for adult use only. 
  1. Contacting Us
    If you need to contact us, please utilize email as your first means of communication.  We may be reached during business hours at info@chescart.com.  If you wish to contact us by writing, please use the following address: Chesapeake Cartridge Corporation, 4926 Morrison Road, Richburg, SC 29729