Terms & Conditions
GO WITH CHARLOTTE
Last Updated: April 2, 2020
TERMS OF SERVICE
These Terms of Service (“Terms”) apply to your access to and use of the website and other online products and services (collectively, the “Site”) provided by End Inertia Creative, LLC (“Company” or “we”). By clicking “I Agree” or by using our Site, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15. If you do not agree to these Terms, do not use our Site.
You must be at least 16 years of age to use this site without consent of a parent or guardian. You must be at least 16 years of age to create an account on this site. By creating an account, you represent and warrant that you are 16 years of age or older.
2. User Accounts and Account Security
You may need to register for an account to access some or all of our Site. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
3. User Content
Our Site may allow you and other users to create, post, store and share content, including messages, text, photos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Company.
You grant Company a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content, and any name, username or likeness provided in connection with your User Content, in and in connection with the Site, in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Site, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others, consistent with any applicable account settings.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice. Company may refuse to process, print, produce, or fulfill any order or product based on content that violates these Terms.
4. Prohibited Conduct and Content
You agree that you are solely responsible for your conduct while on the Site, and you agree that you will not do any of the following in connection with the Site or its users:
- Violate any applicable law, contract, intellectual property right or other third-party rights;
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and Company;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Site;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
- Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
- Use our Site other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
- Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
- Develop or use any applications that interact with our Site without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Is confidential or that you otherwise do not have the right to disclose;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site, or may expose Company or others to any harm or liability of any type.
(a) Enforcement of this Section 4 is solely at Company's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
5. Ownership; Limited License
The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Company or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
GO WITH CHARLOTTE, and our logos, our product or service names, our slogans and the look and feel of the Site are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, or to individuals, does not constitute or imply any endorsement, affiliation, sponsorship or recommendation.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Company or our Site (collectively, “Feedback”). You understand and agree that we have no obligation to treat Feedback as confidential and that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Company’s sole discretion.
8. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Site infringes any copyright that you own or control, you may notify Company’s designated agent as follows:
End Inertia Creative
5425 Wisconsin Avenue NW #600
Chevy Chase, MD 20815
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Site is infringing, you may be liable to Company for certain costs and damages.
9. Third-Party Content; Third-Party Products and Services
We may provide. or may provide links to or information about, third-party content on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Company does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable for, and undertakes no responsibility to update or review, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk.
Company may also provide information about or links to third-party products or services on the Site (“Third-Party Products”). Company does not endorse or make any representations or warranties regarding any Third-Party Products or any related promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Company is not responsible or liable in any manner for any Third-Party Products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Company and our officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, actions, judgements, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Site; (b) the Site content or services or products provided through the Site; (c) your User Content or Feedback; (d) your violation of these Terms; (e) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (f) your conduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at Company's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company or the other Indemnified Parties.
Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Company does not represent or warrant that our Site are accurate, complete, reliable, current or error-free. While Company attempts to make your use of our Site and any content therein safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Company and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Company or the other Company Parties have been advised of the possibility of such damages.
The total liability of Company and the other Company Parties for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the greater of $5 or the amount paid by you to use our Site.
The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Company and the other Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
14. Transfer and Processing Data
In order for us to provide our Site, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
15. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Company agree that any dispute arising out of or related to these Terms or our Site is personal to you and Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Company seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Company seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Company waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Site, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Company you agree to first contact Company and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Company by email at firstname.lastname@example.org. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Company cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Washington, District of Columbia unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 15, a “consumer” means a person using the Site for personal, family or household purposes. You and Company agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Company agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Company, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Company agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Company agree that the state or federal courts of Washington, District of Columbia and the United States sitting in District of Columbia have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Company will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by providing notice to the Company at email@example.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.
If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable.
16. Governing Law and Venue
Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of Washington, District of Columbia, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the District of Columbia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the courts located in Washington, District of Columbia.
17. Modifying and Terminating our Site
We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.
18. User Transactions
If you wish to purchase a product made available through the Site, you may be asked to provide certain information relevant to your transaction, including but not limited to your method of payment, your billing address, and your shipping information. By doing so, you represent that you have the legal right to use any payment method or credit card utilized in conjunction with such transaction. By submitting such information, you grant Company the right to provide such information to third parties for the purpose of facilitating the completion of transactions initiated by you on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. Company is not responsible should you provide incorrect information or give incorrect instructions or if your payment is not processed by your credit card company.
You agree to pay all the charges incurred by you or on your behalf through the Site, including but not limited to any and all shipping and handling charges, and any taxes that may be applicable to your transaction(s).
Company will be responsible for acting only on those transactions sent to Company that are actually received. Company does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any order you send related to any transaction. Company is not responsible for losses or delays in transmissions of orders arising out of the use of any Internet Access Service Provider or caused by any browser software, or any computer virus or related problem.
All descriptions, images, references, features, content, specifications, products and prices of products or services described or depicted on the Site are subject to change at any time without notice. The inclusion of any product or service on the Site does not imply or warrant that these products or services will be available. Company reserves the right, with or without prior notice, to do any of the following: (i) limit the quantity of or discontinue any product or service; (ii) substitute a component of your product if an item is out of stock or unavailable for any reason, at no extra cost to you, if Company in its sole discretion determines that the substitute item is of equal or greater value; (iii) impose conditions on the honoring of any coupon, coupon code or promotion; (iv) bar any user from making or completing any transaction; (v) refuse to provide any user with any product or service.
Company’s acknowledgment of your order means the request has been received but it does not mean your order has been accepted or shipped, or that the price or availability of any product or service has been confirmed. We strive to ensure every transaction is accurately priced and calculated at the time an order is placed, however, despite our best efforts, it is possible a product or service may be incorrectly priced, an item may not be available, there may be delays in updating advertising or promotions, or prices may change between when you create your product on the site or place an order and when we accept your completed transaction. As a result, we cannot and do not guarantee the accuracy or completeness of any information including pricing, availability, and descriptions or images of products or services and we reserve the right to update information and correct any errors, omissions or inaccuracies at any time without notice. If we determine there were such inaccuracies in our product information, we will normally, at our discretion, cancel your order and notify you of such cancellation via email and will work with you to allow you to place an order based on the correct information. We apologize for any inconvenience this may cause.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws, rules and regulations (including minimum age requirements) in regard to the receipt, possession, use and sale of any item purchased from this site.
Products, Content and Specification
Company strives to display all products and images on the site as accurately and as clearly as possible, including ensuring your book reflects the images you see on your screen or device. However, Company cannot and does not guarantee that your computer or monitor’s display of any image or color will be accurate or will translate identically into the printed version. In addition, certain weights, measures, and similar descriptions are approximate and for convenience purposes only.
Company strives to ensure every customer is satisfied, and every order is fulfilled accurately and with the highest quality. Accordingly, Company will refund payment or work with customers to replace defective or unsatisfactory products as outlined in our return policy on the Site.
19. Additional Terms and Amendments
(a) We may supply different or additional terms in relation to some of our Site, and those different or additional terms become part of your agreement with us if you use those Site. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
(b) We may make changes to these Terms from time to time. If we make materials changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Site or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
(a) The failure of Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
(b) Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.