Welcome to Paula & Chlo!
Terms and Conditions Related to the Purchase of Products
The users of this website are bound by the Agreement. The Agreement is applicable to any user browsing the site, signing up as a member or shopping as a guest. Paula & Chlo reserves the right to change the Agreement at any time. If you disagree with this Agreement, you can choose not to use the website.
Products and Warranties
As a reseller of fine products, Paula & Chlo! does not offer any additional product warranties or guaranties, but passes along to you any warranty that may be provided by the manufacturer. We will try to facilitate any claims you may have regarding defective products with the manufacturer, but we do not offer a direct warranty.
We accept the following forms of payment: VISA, MasterCard, Discover and American Express.
Vouchers or discounts are based on their use with non-sale items. If an item is on sale, the voucher will take that sale into account. If an item is on sale for 10% off and the vouchers is for 15% off, the item will sell for 15 % off, not 25 % off, unless otherwise indicated.
Only one special offer / discount / promotion per item. They cannot be combined.
Paula & Chlo Gift Cards are sold subject to the following terms and conditions:
• No fees are imposed on Gift Cards and they do not expire.
• Gift cards are non-transferable and may not be returned or redeemed for cash (except as required by law).
• If your total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders.
• If you return products you purchased using a Gift Card, the purchase amount will be credited as a store credit and may be redeemed against subsequent orders.
• Paula & Chlo L.L.C. are not liable for delivery of a Gift Card to an incorrect physical address as this is the sole responsibility of the purchaser.
• Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been made.
• Paula & Chlo L.L.C. are not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
• Paula & Chlo L.L.C. are not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
• Paula and Chlo L.L.C. reserve the right to cancel a Gift Card if we deem such action necessary.
• Promotion codes cannot be applied to purchasing of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Card Orders.
• Shipping is applicable on Printed Gift Cards.
• A Gift Card purchase is a Final Sale and is a non-returnable item.
If we are unable to authorize or charge your credit card, we will email you. Please check with your issuing bank for details. Once your credit card is declined we will automatically cancel you order. Please feel free to re-purchase the item using a different credit card.
We reserve the right to refuse any order you place with us.
We offer FREE standard shipping within the 48 contiguous United States on purchases of $75.00 or more after taxes, coupons, vouchers, and any sale amount has been deducted. You also have the option of 2nd Business Day or Next Business Day shipping. Package delivery delay for reasons outside of our control will not be refunded.The expedited shipping will only be delivered on business days - Monday - Friday. Orders for 2nd Business Day or Next Business Day placed after 3:00 EST on Thursday will be shipped the following business day. We do offer shipping in Alaska and Hawaii. Rates for shipping to Alaska or Hawaii will be displayed at check out.
Domestic packages are generally dispatched within 24 hours after receipt of payment on business days (M-F, excluding Holidays), and are shipped via USPS or UPS. Your package will have a tracking number. We will email you that tracking number and your item's estimated date of arrival. Your package will not require acceptance or a signature to be delivered unless the contents value requires it or if you request a signature at the time of delivery. If a package is delivered with no signature requited and there is no one to receive it, it is left up to the driver's discretion whether or not the package will be left. On occasion we may require a signature at the time of delivery. We are not responsible for a package that is left to you in this manner. If you want a required signature, there will be an extra cost and it may result in a delayed delivery. We will let you know if a signature is required when we send you your tracking number.
Please contact us for special delivery requests.
If your order qualifies for free shipping because the order is over the $75.00 requirement and you then return items that result in your purchase going under the minimum free shipping required amount, the shipping charge will then be taken out of your refund.
For any package that requires a signature, or if you have purchased expedited delivery - second day or next day delivery and you are not home at the time of the delivery for the required signature, or if for any reason the driver cannot deliver the package, Paula & Chlo is not responsible for an undeliverable package. Your expedited fee will not be refunded.
All of our promotions or sales have a start and end date. We do reserve the right to end any given sale at any time without notice. There are always exceptions to promotions or sales, including the exclusion of certain brands, and you should review the terms related to a promotion or sale. Those exceptions can also change at any given time. Sales and vouchers/coupons cannot be combined on a purchase. Sales are not valid on previous purchases and cannot be combined with other offers or coupons. The same terms apply to items which are discounted on the website.
If using a Coupon has a minimum purchase requirement for it to be valid, the following condition applies: If merchandise is returned which reduces the qualifying purchase amount, the coupon value will be deducted from the refund.
A Paula & Chlo sale is valid from the time the sale starts to the time the sale ends. Previously purchased items are not eligible for the sale price. If an adjustment is made (which is purely discretionary) the amount will be in the form of a store credit.
Some products or items are identified as Final Sale items. Final sale items may not be returned. They are a Final Sale! Returns, Exchanges, Price Adjustments, or cancellations will not be permitted. No exceptions!
Shipping fees may include handling and packing fees as well as postage costs. Transport fees vary according to total weight or dimensional weight of the shipment and location of delivery. If you return your item(s) shipping charges will not be refunded.
We ship International to most areas. Shipping rates are displayed at the time of checkout. If your order exceeds our weight or value limitations - (perhaps you purchased multiple items), there may be an additional shipping charge. If this is the case, we will contact you for your approval. If your shipping destination is not listed, please feel free to email us for a shipping quote at email@example.com . International customers are responsible for customs, duties, taxes, brokerage fees and any other charges that may incur on all purchases and returns. We reserve the right not to ship to certain areas. Our shipping times will vary depending on Customs. We cannot control the length of time Customs may hold a package. Accordingly, shipping times are not certain because of possible Custom delays.
Please feel free to place your order by phone at 1-888-980-8989.
Change Your Order Status
Occasionally high demand causes us to run out of certain items. Sometimes an item is out of stock and not expected to come back in stock, so we must cancel that item. In this case, you will receive a complete refund.
Errors, Inaccuracies and Omissions
We work hard to ensure the accuracy of pricing. Despite our efforts, pricing errors may still occur. If an item‘s price is higher than the price displayed, we will cancel your order of that item and notify you of the cancellation. Occasionally, there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product description, pricing promotions, offers and availability. We reserve the right to correct any errors, inaccuracies, or omissions. We also reserve the right to change or update information, or cancel an order if any information on the site is inaccurate at the time of purchase - without prior notice. This may occur after your order has been submitted.
We hope you love what you ordered, but if for some reason you wish to return or exchange your purchase, simply follow the instructions below:
We offer a 100% money-back guarantee for unused merchandise returned to us in a timely manner. You have 14 days from the date you received your package to return your items to Paula & Chlo for a refund. Your return must arrive within the 14 day period or a store credit will be issued. You have 30 days from the date your item was shipped (which is the date and time we send you your tracking notification) to return your order to Paula & Chlo for a store credit. After the 30 day period the item(s) become non-returnable. Shipping charges on any return shipment will not be refunded.
For an item to be eligible for a return:
The merchandise must be in new, unused, original condition. The product(s) will be inspected upon receipt. The merchandise must have all the original tags, all original packaging, including the plastic bag, and or boxes that were included in the original shipment. Please DO NOT REMOVE manufactures packaging on zipper pulls, handles, shoulder wraps, and hardware covering. If the packaging or tags are removed, we will not accept the item for return. If we find your item has not been returned to us in fully resalable condition, we reserve the right to refuse a refund on that item.
If your items arrive damaged, you must contact us immediately (within 48 hours from time of delivery) to allow us the opportunity to investigate the issue. If the damaged goods are to be returned for credit, the items must be unworn and unwashed with the original tags attached and returned to us within 14 days.
Paula & Chlo Return Label
We offer a UPS label to ensure easy returns. We do not pay for return shipping. If you choose to use our UPS label you will be charged a minimum of $5.95. Most return charges are $9.95 per item. This cost is based on the size, weight, and value of the item / package along with your location. Our return charge is based on the UPS charge for its return. The return shipping charge will be deducted from your return amount. If you do not wish to use our label, please send your package back via whichever carrier is most convenient for you. You are responsible for your returns. If for any reason your return does not arrive, or it arrives damaged, you are responsible and you will not receive a refund. We recommend you track and insure your package.
Returns received after the 30 day return deadline will be RETURNED TO SENDER at your expense.
Credit will not be issued for return shipping charges.
Postage Due or COD Returns will not be accepted and will be shipped back at your expense.
If your purchase was shipped internationally, please contact us before you ship anything back as customs and other problems may arise.
Once we receive your return and approve the condition of the item, we will issue the refund to your credit card and send you an email stating that your return is completed. We can only issue refunds on your original method of payment. Returns are normally processed within 3-5 days after arriving at our fulfillment center. Credits normally take 7-10 business days to appear on your credit card statement.Returns received after the 30 day return deadline will be RETURNED TO SENDER at your expense.
Credit will not be issued for return shipping charges.
Send your return to:
Paula & Chlo LLC
29155 Northwestern Hwy Suite 596
Southfield, MI 48034 USA
We take pride in shipping our orders quickly, and many are shipped out within hours of receiving them. We cannot change or cancel an order once it has entered the shipping process and is out of our possession. When you receive your order, you may then return it. If you refuse your package, you will be charged the appropriate shipping costs.
Non-Deliverable Return Shipments / Refused Shipments
If your order is shipped via UPS or USPS and several delivery attempts are made to deliver your package, delivery is not accepted, and for whatever reason your package is returned to Paula & Chlo, you will incur the associated cost of that return. There will be the initial delivery cost, the return delivery cost and a 15% re-stocking fee. Every attempt to accommodate your delivery needs will be made within the guidelines and policies of the delivery company. In the event your package is returned, we have no choice but to charge you for the costs incurred.
Tax charges are based on state and local tax laws and tax rates.
Where required, tax will also be applied to the shipping and handling charges. If you return an item for a refund, the tax will also be refunded. Taxes you paid on the shipping and handling of that item in nonrefundable.
Website Images and Measurements
We make every effort to ensure that images on our website are as accurate as possible. Colors may vary from monitor to monitor and may also vary because of lighting and photography. We are as accurate as possible in our descriptions, weights and measurements with no intention to mislead the buyer.
When purchasing a previously owned or vintage piece, it is in used condition and will have the necessary wear associated with it. We are as accurate as possible in our descriptions, but cannot describe every detail. Please review the photos carefully. Feel free to call for more detailed photos.
By purchasing one of our items, you the buyer acknowledge that you have read and agreed to our policies and terms and conditions. Buyer’s purchases are a legally binding contract. Any item is subject to prior sale. We reserve the right to end a sale at any time.
Paula & Chlo has the sole discretion and/or power to change, modify, suspend or discontinue the eCommerce platform, inclusive of its features, products, content and services offered on the website. We will try to serve a notice first before making a change but in certain circumstances, prior notice cannot be given.
It is the sole discretion of Paula & Chlo to grant user access to the website. In case of modification or discontinuation of Paula & Chlo, the company will not be liable to any third party or any user for any service, features, products or content offered through the website.
Paula & Chlo have the sole authority to limit and/or cancel orders placed with the company. We will use our sole discretion to define the quantities purchased per person, per household or per order. The applicability of such restriction will be based on multiple accounts owned by the same customer, usability of same credit card on multiple accounts and placing multiple orders through multiple accounts for the same billing and/or shipping address.
If an order(s) is cancelled, the administration team of Paula & Chlo will attempt to notify the person through phone, email or by contacting the billing address given at the time of order. If Paula & Chlo find that orders were placed by resellers, dealers and/or distributors, the company will exercise its sole judgment to limit or prohibit such orders.
Official Rules For Contest / Giveaway / Sweepstakes/ Special Sales
Giveaway winners will be selected at random. It is not necessary to purchase a product to enter the contest. Alternatively, a purchase does not guarantee or improve one’s chances of winning. You must be 18 or older to participate. The content is offered only in the forty-right (48) contiguous states of the United States (US) and District of Columbia (DC). Sorry, but we cannot include Alaska, Hawaii, Puerto Rico or other US territories and possessions, including overseas military installations. In other words, the participants and winners in the contest should belong to the forty-eight contiguous states of the US and DC.
Contest / Sweepstakes / Giveaway Description:
The ‘Paula & Chlo’ contest begins ............ EST on ______...., 20... and will end on 9:00 EST on______ . All the times are Eastern Standard Time for the contest.
By entering the contest, entrants agree to waive any rights to claim ambiguity or error in the Official Rules of the Sweepstakes, or the Sweepstakes itself, and agree to be bound by the Official Rules and all decisions of the Sponsor and Sweepstakes administrator, whose decisions are binding and final in all respects.
How to Enter Contest / Sweepstakes / Giveaway?
A valid Internet connection should be used to enter the giveaway. Please be reminded that no purchase is necessary to enter the contest and neither does a purchase increase chances of winning. On the contest page, you will be asked to fill in the entry form with verifiable details such as first name, last name, complete address (city, state, and zip code), contact number with area code, valid email ID and email confirmation.
You will also be given the option to become a member of ‘Paula & Chlo’s and is totally optional. However, members do have benefits such as discount offers.
Voucher with Purchase
Terms & Conditions for Paula & Chlo Vouchers or Coupons
You may receive a Paula & Chlo voucher or coupon which may be used to purchase any merchandise on-line at PaulaandChlo.com by using the voucher code given to you. This code will be assigned to you and your email address.
Most voucher or coupon will expire in 6 months from the date of the purchase and promotion and is eligible to be used on your next purchase. Expiration may be less and if so it will be indicated on the voucher.
Vouchers and coupons are non-transferable and may not be returned or redeemed for cash.
If your total is less than the value of the voucher or coupon, the remaining balance will be credited to your account and will be redeemed against subsequent orders.
If you return products you have purchased using this ”Voucher with Purchase” voucher or coupon, the remaining balance will be credited to your account as a store credit and will be redeemed against subsequent orders.
If you return the item(s) that qualified you to get a voucher or coupon, the voucher or coupon card will be no longer be valid toward any other item.
Paula & Chlo is not liable if the voucher or coupon is delivered to an incorrect or non-existent email address.
Paula & Chlo is not responsible if a voucher or coupon is lost, stolen, destroyed or used without permission.
Paula & Chlo reserve the right to cancel a voucher or coupon if we deem such action necessary.
Shipping is applicable when you use a voucher or coupon.
Splurge Credits are earned starting Cyber Monday 11-28-16 starting at 5:00 am and ending at midnight PST. $25 splurge credits will be deposited into the the account of the purchaser on 1-10-17. They will be active on 1-10-17. They expire on 6-10-17 and can be used site-wide. They are non-transferable and they can not be redeemed for cash. Some exceptions may apply. If the item or items that were purchased are returned or if the amount of the purchase goes below the $200.00 mark for any reason including returns, then the splurge credit will become null and void. Paula & Chlo reserves the right to cancel if we deem such action absolutely necessary. The $200.00 amount required in purchases does not include tax, shipping and is calculated after any discounts have been taken.
Friends & Family Event -
A 20% discount can be used on Regular Priced items by using code FRIENDSANDFAMILY at checkout. This event has exclusions! All products are not eligible for the discount. Claudia Nichole, Caroline Grace and Kendra Scott is not included in this sale. Previously purchased items are not eligible for this discount. This sale can be cancelled at any time.
Gifted site credit with minimum purchase
Your Paula & Chlo $20.00 site credit has a minimum purchase requirement for it to be valid, the following condition applies: If merchandise is returned which reduces the qualifying purchase amount, and the site credit issued has been used to purchase merchandise, the site credit value will be deducted from the refund.
Your $20.00 site credit is valid from December 4th 2015 to December 31 2015. It is not valid for cash and can only be used to redeem merchandise on PaulaandChlo.com. The $20.00 site credit is not transferable.
As a user, you agree that you will provide your accurate full legal name, a valid email address, valid phone number and shipping/billing address at the time of your registration. Paula & Chlo LLC and user have the right to terminate the user agreement without any prior notification. In that case, the company has the sole right to deny user any further access to its account and the website.
Paula & Chlo sell only those products which the company has in stock. If for any reason a user orders a product which is not in stock, the Paula & Chlo representative will contact the user and provide an active status on the item. If the item cannot be procured, the cost of the item will be refunded in full.
All images, designs, icons, texts, photographs, videos and other materials visible on the website is the intellectual property, trademark and/or copyright of Paula & Chlo LLC and its subsidiaries, if any. The published content on the website is intended for non-commercial and personal use only. If anyone downloads the contents, it should be for personal use only. Downloading the copyright content does not mean transfer of rights to the person downloading or copying the content, even though it is strictly prohibited.
The downloaded and/or copied materials should not be published, distributed, transmitted, displayed, modified, sold, create derivative works or exploited in any manner. Unless mentioned on the website, the content visible on the website is intended for promotion of Paula & Chlo products in the U.S. The website is owned, controlled and managed by Paula & Chlo LLC from its offices in Franklin and Southfield Michigan.
Efforts have been made to describe the images and/or merchandise visible on Paula & Chlo as accurately as possible. However, it is a fact that color palettes and images may differ with every computer and browser; hence, if there is any doubt in the mind of the user regarding descriptions, hardware and colors, the user can contact Paula & Chlo through firstname.lastname@example.org, email@example.com or call at 1-888-980-8989.
Unless approved by the company, please do not send any creative ideas, proposals, plans, suggestions and other things to the website by using its online “comment” system, email, and postal mail. If such materials are received, Paula & Chlo LLC retain the right to edit, copy, distribute, translate, and publish the inputs received without contacting or providing any accounting or credit to the submitter.
We do not compensate for anyone for comments. Also, we cannot keep comments confidential or respond to each and every comment received on the site. It is imperative to note that the comments submitted on the website should not violate any third party rights, including privacy, trademark, copyright and other proprietary rights.
If any product of Paula & Chlo is listed at a wrong/incorrect price and the user buys the product, the company has the right to cancel or refuse the same product, even when the order has been confirmed. If the user’s credit card has already been charged for the product at an incorrect price, Paula & Chlo will cancel the order and will refund the amount charged.
Disclaimer of Warranties
Paula & Chlo disclaim all warranties for products, and provide the products to you on an “as-is” basis. Any warranty or guaranty from the manufacturer is passed on to you. Paula & Chlo disclaims any and all warranties of merchantability or fitness for a particular purpose.
Limitation on Liability
The maximum liability of Paula & Chlo to you for any claim is the amount you paid for the product related to the claim.
Limitation on Damages
Paula & Chlo will not be responsible for any consequential, incidental or special damages, including loss of profits or similar damages, even if advised of the possibility of such damages.
The Site is provided by Paula & Chlo LLC, located at 29193 Northwestern Highway, Suite 596, Southfield, Michigan 48034, email firstname.lastname@example.org. If you have any complaints about the site, you can contact a representative of Paula & Chlo at the above email or address. If you believe your copyright rights have been violated, you should notify Owner's Designated Agent at Paula & Chlo LLC. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.
This agreement shall be subject to and interpreted under the laws of the state of Michigan applicable to agreements wholly performed therein as well as the laws of the United States, where applicable. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between you and Paula & Chlo LLC. except that Paula & Chlo LLC may change the provisions of this agreement by posting such changes on the site but without any individual notice to you and if you use the site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement. This agreement shall bind and benefit each of your and Paula & Chlo LLC's respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Paula & Chlo LLC in this agreement are cumulative and the exercise by Paula & Chlo LLC of any remedy shall be without prejudice to Paula & Chlo's exercise of any other rights or remedies available to Paula & Chlo LLC. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction in Southfield, Michigan and Paula & Chlo LLC shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys' fees and court costs. In the event any portion of this agreement is held invalid or unenforceable, it shall not affect the validity or enforceability of the rest of this agreement. All provisions of this agreement shall survive the termination of this agreement for any reason.
PAULA & CHLO, L.L.C.
USE OF WEBSITE
You agree that you will not: (1) permit any third party to use the website, (2) use the website in the operation of a service bureau, or (3) sublicense the use of the website to third parties.
Availability of this website or particular information or services is subject to change without notice.
MODIFICATIONS AND UPDATE
VALIDITY AND ACCURACY OF DATA
PAULA & CHLO DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCT OR OTHER INFORMATION PROVIDED BY PAULA & CHLO IS COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICE, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT OR OTHER CAUSE. YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO YOUR USE OF THE WEBSITE. PAULA & CHLO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE WEBSITE IN ANY JURISDICTION, STATE OR REGION.
THE WEBSITE MAY INCLUDE INFORMATION POSTED BY THIRD PARTIES. PAULA & CHLO DOES NOT ASSUME THE RESPONSBILITY TO MONITOR OR EDIT SUCH POSTINGS. PAULA & CHLO DISCLAIMS ALL RESPONSBILITY FOR SUCH INFORMATION AND YOU AGREE NOT TO HOLD PAULA & CHLO RESPONSIBLE FOR SUCH INFORMATION OR MATERIALS.
All content and otherwise protectable features of this website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Paula & Chlo, are the property of Paula & Chlo and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY PAULA & CHLO IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of Paula & Chlo and is protected by United States and international copyright laws. All software used on this site is the property of Paula & Chlo or its software suppliers and is protected by United States and international copyright laws. The images used on this website are the property of their respective copyright owners, and are used by Paula & Chlo pursuant to express authorization from the copyright owners or their agents. Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this website is strictly prohibited.
LIMITATION OF WARRANTIES
THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. PAULA & CHLO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, PAULA & CHLO AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PAULA & CHLO DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, “TROJAN HORSES” OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES.
LIMITATION ON DAMAGES
IN NO EVENT SHALL PAULA & CHLO AND/OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM PAULA & CHLO THROUGH THIS WEBSITE.
LIMITATION ON LIABILITY
PAULA & CHLO’S AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ITS AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $100 (ONE HUNDRED DOLLARS).
RELEASE AND INDEMNIFICATION
COPYRIGHT INFRINGEMENT POLICY
You may not use the website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party.
Paula & Chlo, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use this website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Paula & Chlo accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Paula & Chlo has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Paula & Chlo in a written complaint that complies with the requirements below and is delivered to Paula & Chlo’s designated agent to receive notification of claimed infringement:
Paula & Chlo LLC
29193 Northwestern Hwy.
Southfield, Michigan 48034
By phone: 1-888-980-8989
Contact Paula & Chlo by e-mail at email@example.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Paula & Chlo to locate the material.
4. Information reasonably sufficient to permit Paula & Chlo to contact you, such as your address, telephone number, and/or electronic mail address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
“PAULA & CHLO” along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this website is the sole property of Paula & Chlo. Paula & Chlo’s trademarks may not be used in connection with any product or service that is not owned by Paula & Chlo in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Paula & Chlo. Any trademarks not owned by Paula & Chlo that appear on this website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. None of the above trademarks may be copied, downloaded or otherwise exploited without the permission of Paula & Chlo or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.
If any provision of these terms, conditions and notices are found to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
RESOLUTION OF DISPUTES
· Forum for Disputes - Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below, you agree to submit to the jurisdiction and venue of the Circuit Court for the County of Oakland, State of Michigan or, if original jurisdiction can be established, the United States District Court for the Eastern District of Michigan with respect to any action arising, directly or indirectly, out of your use of the website.
· Arbitration Option - For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
· Improperly Filed Claims - All Claims you bring against Paula & Chlo must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Paula & Chlo may recover actual attorneys’ fees and costs.