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AGREEMENT TO OUR TERMS
We are The Camisha Company ("Company," "we," "us," "our"). We own and operate the contents of https://www.camisha.co ("Site") as well as any other related products and services that refer or link to these Terms and Conditions (the "Terms") (collectively, the "Services"). You agree that by accessing this Site and Services, you have read, understood, and agreed to be legally bound by these Terms and all applicable laws and regulations. If you disagree with these Terms, you are prohibited from using this Site and Services and must discontinue use immediately.
Additional terms and conditions or documents posted on the Services from time to time are hereby expressly incorporated herein by reference. In our sole discretion, we reserve the right to change or modify these Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. You are responsible for periodically reviewing these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and accepted the changes in any revised Terms by your continued use of the Site and Services after the date such revised Terms are posted.
TERMS OF SERVICE
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and worldwide. The Content and Marks are provided in or through the Services "AS IS" for personal, non-commercial use only.
TERMS OF USE
Subject to your compliance with these Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to (a) access the Services; and (b) download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to use the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to hello@camisha.co.
Should we ever grant you the permission to post, reproduce, or publicly display any part of our Services, Content, or Marks, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Terms, and your right to use our Services, Content, and Marks will terminate immediately. By accessing or using our Services, Content, and Marks, you represent and warrant that you are at least 18 years of age and agree to and abide by these terms. Any registration by, use of, or access by anyone under age 18 is unauthorized, unlicensed, and in violation of these terms.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity, and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
Suppose you provide any information that is untrue, inaccurate, not current, or incomplete. In that case, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
Participate in soliciting, selling, or promoting of any kind.
Publish or distribute any material that incites violence, hate, or discrimination toward any group.
Trick, defraud, or mislead other users and us, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information from the Services to harass, abuse, or harm another person.
Misuse our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated system use, such as scripts to send comments or messages, or use data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "poms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or team members who provide you any portion of the Services.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up a part of the Services.
Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases of the Services.
Make any unauthorized use of the Services, including collecting users' usernames and/or email addresses by electronic or other means to send unsolicited emails or create user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
USER-GENERATED CONTRIBUTIONS
We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast Content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other Services users and through third-party websites.
CONTRIBUTION LICENSE
You agree that we may access, store, process, and use your information and personal data. Our Privacy Policy describes how your personal information is collected, used, and shared when you visit or purchase our Services: https://www.camisha.co/policy.
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation. We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services. You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and Content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking specific IP addresses) to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in these Services or delete any Content or information you posted at any time, without warning, in our sole discretion.
Suppose we terminate or suspend your account or access for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress without limitation.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms shall be governed by and defined following the laws of the Commonwealth of Virginia applicable to agreements made and to be entirely performed within the Commonwealth of Virginia, without regard to its conflict of law principles.
DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Any legal action of whatever nature brought by either Party shall be commenced or prosecuted in the state and federal courts located in Hopewell City, Virginia, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose.
CORRECTIONS
Information on the Services may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.
DISCLAIMER
Services are provided on an "as-is" and as-available basis. The information we provide in our Services is for general informational purposes only. You agree that using the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' Content or the Content of any websites or mobile applications linked to the Services. We will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of Content and materials, (2) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. You expressly acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other Website participant or user, including you. As with purchasing a product or service through any medium or environment, you should use your best judgment and exercise caution where appropriate. Your use of the Services and reliance on any information therein is solely at your own risk.
LIMITATIONS OF LIABILITY
You agree and understand that you assume all risks, and no results are guaranteed in any way related to the Services and its Content. The Services merely provide education and tools to help you make your own decisions. You are solely responsible for your actions, findings, and results based on the Services' use, misuse, or non-use. In no event will we or our directors, employees, team members, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, loss of goodwill, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, team members, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of (1) use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties outlined in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware.
USER DATA
We will maintain specific data that you transmit to the Services to manage the performance of the Services, as well as data relating to your use of the Services. Although we perform routine data backups, you are solely responsible for all data you transmit or related to any activity you have undertaken using the Services. You agree that we shall have no liability for any loss or corruption of such data. You hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services satisfy any legal requirement that such communication is in writing. You hereby agree to use electronic signatures, contracts, orders, and other records and electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the Services or regarding the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is deemed 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. No joint venture, partnership, employment, or agency relationship was created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
CONSEQUENCES OF BREACHING THESE TERMS
The consequences for violating our Terms will vary depending on the severity of the breach and the user's history on the Services, by way of example: (1) We may, in some cases, give you a warning. However, if your breach is severe or if you continue to breach our Terms and this Policy, we have the right to suspend or terminate your access to and use of our Services and, if applicable, disable your account. We may also notify law enforcement or issue legal proceedings against you when we believe there is a genuine risk to an individual or a threat to public safety. (2) We exclude our liability for all action we may take in response to any of your breaches of this Policy.
EXTERNAL LINKS DISCLAIMER
Our Services may contain (or you may be sent through the Site) links to other websites or Content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the Site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
TESTIMONIALS DISCLAIMER
Our Services may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those users and may not necessarily represent all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. Your results may vary.
The testimonials on the Services are submitted in various forms, such as text, audio, and/or video, and are reviewed by us before being posted. They appear on the Services verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for brevity, where the full testimonial contained extraneous information irrelevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials; users are not paid or compensated for them.
IMAGE DISCLAIMER
Unless otherwise noted, we create no claim or credit for images on our Site and Services. All visual Content is copyrighted to its respectful owners, and we make every effort to link back to the original Content whenever possible. If you own rights to any images and do not wish them to appear here, please email us at hello@camisha.co, and we will promptly remove them.
Please contact hello@camisha.co for any questions regarding these Terms.
Last Updated: June 22, 2024