Terms & Conditions
CHIMBORA, LLC is an online retail store located at www.chimbora.com (the "CHIMBORA LLC WEBSITE") that provides information about products available for direct purchase by its visitors (referred to herein collectively as "USERS" or individually as “USER,” “you” or “your”). CHIMBORA LLC provides the CHIMBORA LLC WEBSITE as a service for the convenience and benefit of its USERS.
Third Party Information & Links
All content and information relating to products as promoted and identified on the CHIMBORA LLC WEBSITE is provided by the celebrity (and/or their third party representatives) or other sources (“Third Party Information”). While CHIMBORA LLC has attempted to ensure the completeness and reliability of the Third Party Information, it cannot guarantee its accuracy at the time of its inclusion; such information is therefore provided "as is" without warranty of any kind. For the avoidance of doubt, CHIMBORA LLC does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the Third Party Information contained on the CHIMBORA LLC WEBSITE. No warranties and/or promises expressed or implied, are given as to the nature, standard or accuracy of information provided on the CHIMBORA LLC WEBSITE, nor to the suitability of the information to your particular circumstances, all of which are specifically disclaimed to the full extent of the applicable law.
The Third Party Information on the CHIMBORA LLC WEBSITE is provided by the celebrities, third parties, and/or other sources for the sole purpose of advertising and marketing their products: it is therefore not within the custody and control of CHIMBORA LLC. The Third Party Information provided by CHIMBORA LLC should not be deemed as an endorsement by CHIMBORA LLC of the product and/or the celebrity. For these reasons, each USER is advised to conduct its own thorough investigation of the product, celebrity, manufacturers, distributors or other third parties related to the products and product information in order to make his or her own determination as to the correctness, reliability and/or accuracy of the information, product and/or celebrity before relying on, purchasing and/or using the information and/or product. USER assumes the risk of not conducting such investigation. The CHIMBORA LLC WEBSITE may contain hypertext markup language that links USERS to other websites owned or operated by the celebrities and/or other third parties (“Third Party Links”). Such Third Party Links are provided for the convenience of the USER only. All website content accessed by the USER via Third Party Links is not within CHIMBORA LLC’s control, and CHIMBORA LLC does not take responsibility for the information or content on those third party websites, nor does it endorse the third party website, nor is it associated with the third party entities controlling the websites. THE CHIMBORA LLC WEBSITE accessed via Third Party Links is not guaranteed to be free from computer viruses or anything else that has destructive properties, nor does CHIMBORA LLC take responsibility for the collection or use of personal data from any third party website. CHIMBORA LLC is not responsible for advising you when you when you leave the CHIMBORA LLC WEBSITE to access a website via Third Party Links. You assume the risk for accessing Third Party Links.
CHIMBORA LLC Website Access
By visiting the CHIMBORA LLC WEBSITE, USERS agree that the use of the CHIMBORA LLC WEBSITE is at the their sole and absolute risk. CHIMBORA LLC WEBSITE is not guaranteed to be uninterrupted or error free and the CHIMBORA LLC WEBSITE is available strictly on an "as is" basis. CHIMBORA LLC is not liable for any damages or injury caused by the CHIMBORA LLC WEBSITE performance failure, connection failure, error, interruption, deletion, virus, or any other malware inadvertently obtained by the USER as a result of visiting the CHIMBORA LLC WEBSITE.
You may not use any data collected on the CHIMBORA LLC WEBSITE to contact or profile the celebrities, their companies and or affiliates identified on the CHIMBORA LLC WEBSITE, nor use any of that information for purposes other than that for which it is provided, including without limitation direct marketing, email campaigns, SMS marketing, telemarketing, radio advertisements, blog advertisements and/or direct mailings. You may not use the CHIMBORA LLC WEBSITE to conduct any systematic or automated data collection activity (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the CHIMBORA LLC WEBSITE, or the celebrities or products identified thereon, without the express written consent of CHIMBORA LLC.
The CHIMBORA LLC WEBSITE is owned by CHIMBORA LLC: CHIMBORA LLC grants you a license to use the CHIMBORA LLC WEBSITE by virtue of your access. USERS do not, however, acquire any ownership rights to the CHIMBORA LLC WEBSITE or any content contained thereon, including, without limitation, the CHIMBORA LLC IP and the Celebrity IP, (defined in the next section). Any unauthorized use by you terminates the permission or license granted by CHIMBORA LLC.
Copyright and Proprietary Information
All content and materials on the CHIMBORA LLC WEBSITE, including, without limitation, any copyrights, patents, trademark, proprietary information, page layout, design, scripts (except open source), innovations, text, graphics, photographic images, logos, press releases and other information are exclusive properties owned by CHIMBORA LLC (the “CHIMBORA LLC IP”). All personal indicia and product, including, without limitation, the copyrights, patents, trademark, proprietary information, biographical information, graphics, photographic images, trade names, signatures, logos, etc. belonging to the celebrities identified on the CHIMBORA LLC WEBSITE are the intellectual property of the celebrities and/or any affiliated entities and associates (the “Celebrity IP”). The CHIMBORA LLC IP and the Celebrity IP are protected under United States copyright, trademark, and patent laws, as well as other international treaties related to intellectual properties. USERS may not frame or utilize framing techniques to, or otherwise reproduce, duplicate, copy, sell, resell, transmit, distribute or display for subsequent use or otherwise use in whole or part any of the CHIMBORA LLC IP and the Celebrity IP on the CHIMBORA LLC WEBSITE without the prior written consent of CHIMBORA LLC and/or the celebrity. You may not republish, distribute, prepare derivative works, or otherwise use the CHIMBORA LLC IP or the Celebrity IP other than as explicitly permitted herein.
Representations and Warranties
IN CONFORMITY WITH MN CODE, CHIMBORA LLC DOES NOT MAKE ANY WARRANTY OR GUARANTEE THAT EXTENDS BEYOND THE SCOPE OF THIS DISCLAIMER AND SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTY, MERCHANTABILITY OR USAGE OF TRADE IN THE CHIMBORA LLC WEBSITE OR ANY PRODUCT TO THE FULL EXTENT ALLOWED BY MN CODE. The CHIMBORA LLC WEBSITE, and all information, products and materials furnished as part of the CHIMBORA LLC WEBSITE, are provided entirely on an “as is” basis. While CHIMBORA LLC endeavors to provide information that is as accurate as possible, it assumes no responsibility for the accuracy or completeness of any information, materials or product presented or identified. CHIMBORA LLC expressly disclaims any express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property relating to such information, material, or products available for purchase. In no event will CHIMBORA LLC be liable for any and all indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits or revenue, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if CHIMBORA LLC has been advised of the possibility of such damages. Any use of the CHIMBORA LLC WEBSITE is at your own risk. In no event will CHIMBORA LLC or the officers, managers, members, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information and materials available on the CHIMBORA LLC WEBSITE, or products available for purchase thereon. CHIMBORA LLC makes no representations, warranties, or guarantees that the CHIMBORA LLC WEBSITE will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and CHIMBORA LLC disclaims any liability relating thereto.
Under no circumstances will CHIMBORA LLC be liable to you for any losses arising out of any event or use of a product that is beyond its reasonable control. You accept that CHIMBORA LLC has an interest in limiting the personal liability of its officers, managers, members, agents, and employees and, having regard to that interest, you acknowledge that CHIMBORA LLC is a limited liability company, and therefore, agree that you will not bring any claim personally against its officers, managers, members, agents, and employees in respect of any losses you suffer in connection with the CHIMBORA LLC WEBSITE, this disclaimer, or any products available for purchase thereon. As such, you will indemnify and hold CHIMBORA LLC, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including without limitation any infringement by you of the copyright or intellectual property rights of any third party; (ii) your use or misuse of the site, or (iii) any damages you incur as a result of any product liability claims.
Law and Jurisdiction
This disclaimer and terms of services shall be governed by and construed in all respects in accordance with the laws of the State of Minnesota. Any claim or dispute arising out of or related hereto shall be subject to the exclusive personal and subject matter jurisdiction of the state and federal civil courts located in the city of Minneapolis. You agree to waive any objections you may otherwise have to that jurisdiction.
CHIMBORA LLC reserves the right to discontinue, stop publishing, and/or alter any or all of the CHIMBORA LLC WEBSITE at any time in its sole discretion without notice or explanation to the USERS. As such, CHIMBORA LLC may revise this disclaimer from time to time. The revised disclaimer shall apply to the use of the CHIMBORA LLC WEBSITE from the date of publication as and when identified here: JANUARY 6th, 2018. Any inquiries about the CHIMBORA LLC WEBSITE or its terms and conditions can be directed to firstname.lastname@example.org, or sent to the following address: CHIMBORA LLC, P.O. BOX 1457, GRAND MARAIS, MN 55604