Select Page

Terms of Use

Last updated: July 8, 2020

Welcome to chantworks.com. Chantworks.com and/or its affiliates (ChantWorks, Inc.) provide website features and other products and services to you when you visit or shop at ChantWorks, use ChantWorks products or services, use ChantWorks applications for mobile, or use software provided by ChantWorks in connection with any of the foregoing (collectively, ChantWorks). ChantWorks provides services subject to the following conditions. 

By using ChantWorks services, you agree to these conditions. Please read them carefully.

We offer a wide range of ChantWorks services, and sometimes additional terms may apply. When you use a ChantWorks service (for example, your profile, gift cards, ChantWorks video, or CWTV) you also will be subject to the guidelines, terms and agreements applicable to that ChantWorks service (service terms). If these terms of use are inconsistent with the service terms, those service terms will control.

Privacy

Please review our privacy policy, which also governs your use of ChantWorks services, to understand our practices.

Electronic communications

When you use ChantWorks services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other ChantWorks services, such as our message center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any ChantWorks service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of ChantWorks or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any ChantWorks service is the exclusive property of ChantWorks and protected by U.S. and international copyright laws.

Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any ChantWorks service are trademarks or trade dress of ChantWorks in the U.S. and other countries. ChantWorks’ trademarks and trade dress may not be used in connection with any product or service that is not ChantWorks’, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits ChantWorks. All other trademarks not owned by ChantWorks that appear in any ChantWorks service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ChantWorks.

License and access

Subject to your compliance with these terms of use and any service terms, and your payment of any applicable fees, ChantWorks or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the ChantWorks services. This license does not include any resale or commercial use of any ChantWorks service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any ChantWorks service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these terms of use or any service terms are reserved and retained by ChantWorks or its licensors, suppliers, publishers, rightsholders, or other content providers. No ChantWorks service, nor any part of any ChantWorks service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ChantWorks.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ChantWorks without express written consent. You may not use any meta tags or any other hidden text utilizing ChantWorks’ name or trademarks without the express written consent of ChantWorks.

You may not misuse the ChantWorks services. You may use the ChantWorks services only as permitted by law. The licenses granted by ChantWorks terminate if you do not comply with these terms of use or any service terms.

Your account

You may need your own ChantWorks account to use certain ChantWorks services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. ChantWorks does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the ChantWorks services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their ChantWorks household. ChantWorks reserves the right to refuse service, terminate accounts, terminate your rights to use ChantWorks services, remove or edit content, or cancel orders in its sole discretion.

Reviews, comments, communications and other content

You may post reviews, comments, photos, videos, and other content; send ecards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ChantWorks reserves the right (but not the obligation) to remove or edit such content but does periodically review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant ChantWorks a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant ChantWorks and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ChantWorks for all claims resulting from content you supply.

ChantWorks has the right but not the obligation to monitor and edit or remove any activity or content. ChantWorks takes no responsibility and assumes no liability for any content posted by you or any third party.

Intellectual property complaints

ChantWorks respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement (below).

Risk of loss

All purchases of physical items from ChantWorks are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, refunds and title

ChantWorks does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, ChantWorks does not take title to the refunded item.

You may return most new, unopened items sold and fulfilled by ChantWorks within 30 days of delivery for a full refund. During the holidays, items shipped by ChantWorks between November 1 and December 31 can be returned until January 3.

Refunds are usually received in about 2-3 weeks. Most refunds are fully refunded within 7 days after we receive and process your return.

ChantWorks offers replacements and exchanges. You can create replacement and exchange orders by clicking return items and following the instructions in the order section of the ChantWorks’ website. If you received a damaged or defective item, we’ll ship you a replacement of the exact item. If you would like to exchange an item for another, you can exchange for a different size or color or for an item in your cart.

ChantWorks attempts to be as accurate as possible. However, ChantWorks does not warrant that product descriptions or other content of any ChantWorks service is accurate, complete, reliable, current, or error-free. If a product offered by ChantWorks itself is not as described, your sole remedy is to return it in unused condition. 

Pricing

List price means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We check list prices against prices recently found on ChantWorks and other retailers. Certain products may have a was price displayed, which is determined using recent price history of the product on ChantWorks.

With respect to items sold by ChantWorks, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by ChantWorks is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. 

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

App permissions

When you use the ChantWorks app, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. Learn more about these permissions. 

Sanctions and export policy

You may not use any ChantWorks service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using ChantWorks services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including ChantWorks Software), technology, and services.

Other businesses

Parties other than ChantWorks operate stores, provide services or software, or sell product lines through the ChantWorks services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from ChantWorks. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). ChantWorks does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. 

Disclaimer of warranties and limitation of liability

The ChantWorks services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the ChantWorks services are provided by ChantWorks on an “as is” and “as available” basis, unless otherwise specified in writing. ChantWorks makes no representations or warranties of any kind, express or implied, as to the operation of the ChantWorks services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the ChantWorks services, unless otherwise specified in writing. You expressly agree that your use of the ChantWorks services is at your sole risk.

To the full extent permissible by law, ChantWorks disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ChantWorks does not warrant that the ChantWorks services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the ChantWorks services, ChantWorks’ servers or electronic communications sent from ChantWorks are free of viruses or other harmful components. To the full extent permissible by law, ChantWorks will not be liable for any damages of any kind arising from the use of any ChantWorks service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any ChantWorks service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Disputes

Any dispute or claim relating in any way to your use of any ChantWorks service, or to any products or services sold or distributed by ChantWorks or through ChantWorks.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these terms of use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, ChantWorks will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable law

By using any ChantWorks service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ChantWorks.

Site policies, modification and severability

Please review our other policies posted on this site. These policies also govern your use of ChantWorks services. We reserve the right to make changes to our site, policies, service terms, and these terms of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our address

ChantWorks.com, Inc.
P.O. Box 1757
Zephyr Cove, NV 89448-1757

Other ChantWorks software terms

The following terms (software terms) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with ChantWorks services (the ChantWorks software).

 

  1. Use of the ChantWorks software.You may use ChantWorks software solely for purposes of enabling you to use the ChantWorks services as provided by ChantWorks, and as permitted by these terms of use and any service terms. You may not incorporate any portion of the ChantWorks software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the ChantWorks software in whole or in part. All software used in any ChantWorks service is the property of ChantWorks or its software suppliers and is protected by United States and international copyright laws.
  1. Use of third-party services.When you use the ChantWorks software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
  1. No reverse engineering.You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the ChantWorks software, whether in whole or in part.
  1. We may offer automatic or manual updates to the ChantWorks software at any time and without notice to you.
  1. Government end users. If you are a U.S. Government end user, we are licensing the ChantWorks software to you as a commercial item as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the ChantWorks software are the same as the rights we grant to all others under these terms of use.
  1. In the event of any conflict between these terms of use and any other ChantWorks or third-party terms applicable to any portion of ChantWorks software, such as open-source license terms, such other terms will control as to that portion of the ChantWorks software and to the extent of the conflict.