Use of the Site
Accounts and Passwords
Purchasing products through the Site gives you an option to open an account, including setting up a Charlotte & Ivy login ID and password. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Charlotte & Ivy immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Charlotte & Ivy or any other user of or visitor to the Site due to someone else using your Charlotte & Ivy ID, password or account. You may not use anyone else’s Charlotte & Ivy ID, password or account at any time without the express permission and consent of the holder of that Charlotte & Ivy ID, password or account. Charlotte & Ivy cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Charlotte & Ivy LLC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web Site or other medium for publication or distribution or for any commercial enterprise, without Charlotte & Ivy’s express prior written consent. Information and data made purposely available by Charlotte & Ivy such as specification sheets and product information may be downloaded from the Site provided that you follow these five rules:
Information will be used for the sole purpose of the individual’s decision on whether to purchase a particular item.
Proprietary language must remain on downloaded item.
Make no modifications to any such information.
Use such information only for your personal requirements only.
Do not make any additional representations or warranties relating to such documents.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Charlotte & Ivy ON AN "AS IS" AND "AS AVAILABLE" BASIS. Charlotte & Ivy MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Charlotte & Ivy DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Charlotte & Ivy DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Charlotte & Ivy ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Charlotte & Ivy WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Purchases; Other Terms and Conditions
Errors and inaccuracies
Charlotte & Ivy LLC reserves the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice. This includes incorrect pricing and typographical errors in product descriptions and availability. Charlotte & Ivy maintains the right to correct such errors whenever found, including after an order has been submitted. Please see our return policy in the event that you are not satisfied with your purchase.
Comments and Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to maisonluxhome.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Charlotte & Ivy property. Such disclosure, submission or offer of any Comments shall constitute an assignment to maisonluxehome.com of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Charlotte & Ivy will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Charlotte & Ivy is and shall be under no obligation to maintain any Comments in confidence; to pay to user any compensation for any Comments; or to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, photographs, marketing concepts, or merchandising suggestions.
Charlotte & Ivy LLC has done our best to portray our products in the most accurate way, but we cannot and will not be responsible for the way in which the photographs and product representations appear on your computer screen. There are too many variables such as color; brightness and tinting that can change how the images appear on your computer or printer.
Charlotte & Ivy does not promise that the Site or any Content, service or feature of the Site will be error free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its Content are delivered on an as is and as available basis. All information provided on the Site is subject to change without notice. Charlotte & Ivy LLC cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features. Charlotte & Ivy LLC disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Charlotte & Ivy LLC will not be liable for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Site and/or any Charlotte & Ivy services. You assume total responsibility for your use of the Site and any linked Sites. Your sole remedy against Charlotte & Ivy for dissatisfaction with the Site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Charlotte & Ivy reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Charlotte & Ivy LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Charlotte & Ivy has been advised of the possibility of such damages.
Charlotte & Ivy may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Charlotte & Ivy’s rights or property, or the rights or property of visitors to or users of the Site, including Charlotte & Ivy’s customers. Charlotte & Ivy reserves the right at all times to disclose any information that Charlotte & Ivy deems necessary to comply with any applicable law, regulation, legal process or governmental request. Charlotte & Ivy also may disclose your information when Charlotte & Ivy determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Charlotte & Ivy may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution