Chiefly & Co. Terms of Use
Please read these terms of use ("Terms of Use") carefully before using Chiefly & Co. website (“website”, "service") operated by Chiefly & Co. ("us", 'we", "our"). By using this website, you certify that you have read and reviewed these Terms of Use and that you agree to comply with its terms. If you do not want to be bound by these Terms of Use, then you are advised to stop using the website immediately. Chiefly & Co. only grants use and access of this website to learn about the placement services offered by Chiefly & Co. (“Services”) to those who have accepted these Terms of Use. Chiefly & Co. reserves the right to edit, modify, and change these Terms of Use at any time. Chiefly & Co. shall make reasonable efforts to notify its users of these changes through electronic mail if available.
Privacy policy
Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.
Age restriction
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. Chiefly & Co. assumes no responsibility for liabilities related to age misrepresentation.
Intellectual property
The Services (including all material on its website) constitute the property of Chiefly & Co. and/or Chiefly & Co.'s suppliers and licensors, as applicable, and are protected by copyright, trademark, patent and/or other proprietary rights and laws. Chiefly & Co. and/or its suppliers and licensors retain all of their respective intellectual property rights in the Services and no such rights are conveyed to you by these Terms of Use or your use of the Services other than the limited rights expressly granted to you in these Terms of Service. Any reproduction, transmission, publication, transfer, resale, creation of derivative works from, redistribution or other use or exploitation of the Services by you not expressly in accordance with these Terms of Service. In addition, you promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any materials you access through the Services in any way. You grant to Chiefly & Co. a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the Services.
Disclaimer of Warranties
Your use of the Services is at your own risk. The Services and any content, information, or services made available on or through the Services are provided on an “as is” and “as available” basis without warranty of any kind except to the extent expressly provided to the contrary by Chiefly & Co. to you in writing. Except to the extent of any express warranty made to you by Chiefly & Co. in writing, Chiefly & Co. and/or its suppliers and licensors hereby disclaim all warranties, express or implied, in relation to the Services or any content, information, or services made available on or through the Services, including but not limited to any implied warranty of merchantability, fitness for a particular a purpose or noninfringement, to the maximum extent permissible under applicable law.
Limitation of Liability
In no event shall Chiefly & Co. and/or its suppliers/licensors and its or their officers, directors, employees, or agents be liable for any special, incidental or consequential or punitive damages or losses arising out of or in connection with your use of the Services or the Terms, however arising, including by contract, equity, negligence or other tortious action, even if advised in advance of such damages or losses. The maximum liability of Chiefly & Co. and its officers, directors, employees and agents to you or any third party shall be one hundred dollars ($100). Some states do not allow the exclusion or limitation of incidental or consequential damages, so to that extent the above limitation or exclusion may not apply to you.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms (whether brought against Chiefly & Co. or against any director, officer or employee of Chiefly & Co. in their personal capacity) shall be finally settled in San Francisco, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand and agree that by entering into the Terms, you and Chiefly & Co. are each waiving the right to trial by jury or to participate in a class action.
General Terms
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. Except where expressly agreed in writing otherwise, and except for our Privacy Policy, you and Chiefly & Co. agree that these Terms of Use are the complete and exclusive statement of the mutual understanding between you and Chiefly & Co., and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Chiefly & Co., and you do not have any authority of any kind to bind Chiefly & Co. in any respect whatsoever. You and Chiefly & Co. agree there are no third party beneficiaries intended under these Terms.