Agreement between User and www.chobaniangroup.com
www.chobaniangroup.com is an E-Commerce WebSite.
Consulting and Design Services
Visiting www.chobaniangroup.com or sending emails to CG constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the WebSite, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
CG does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Minors (individuals under 13 years of age) are not eligible or authorized to view or use the site, and we ask that they do not submit any information, content or materials to us. If you are under 18, you may use www.chobaniangroup.com only with permission of a parent or guardian.
Links to Third Party WebSites/Third Party Services
www.chobaniangroup.com may contain links to other WebSites ("Linked WebSites"). The Linked WebSites are not under the control of CG and CG is not responsible for the contents of any Linked WebSite, including without limitation any link contained in a Linked WebSite, or any changes or updates to a Linked WebSite. CG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CG of the WebSite or any association with its operators.
Certain services made available via www.chobaniangroup.com are delivered by third party WebSites and organizations. By using any product, service or functionality originating from the www.chobaniangroup.com domain, you hereby acknowledge and consent that CG may share such information and data with any third party with whom CG has a contractual relationship to provide the requested product, service or functionality on behalf of www.chobaniangroup.com users and customers.
Accuracy and Completeness of Information
CG is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.
Your Use of the Site
All content on this site (including but not limited to, code and software, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces) is the exclusive property of and owned by CG, its licensors, and/or its content providers, and is protected by copyright, trademark and other applicable laws worldwide.
You may access, download, store, display on your computer, view, listen to, copy, and print the materials and content that CG publishes or broadcasts on this site or makes available for download through the site for your personal, informational and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice appearing on the material you access, copy, download or print, and further provided that you do not distribute or transfer such materials and content. Any other use of content on the site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services or portions thereof obtained from the site, is expressly prohibited. CG, its licensors and/or content providers currently retain and shall retain full and complete ownership and title in and to the materials provided on this site, including all enabling software rights thereto, and provide this material to you under a license that is revocable at any time in CG’s sole discretion. CG neither warrants nor represents that your use of materials on this site will not infringe the rights of third parties.
Materials You Submit
You acknowledge that you are responsible for any material you may submit via this website, including but not limited to the legality, reliability, appropriateness, originality and copyright ownership of any such materials or content. You may not upload to, distribute or otherwise publish through this site any materials or content that: (i) are false; fraudulent; libelous; defamatory; abusive; obscene; threatening; or otherwise objectionable; confidential; infringing or invasive of privacy or publicity rights; infringing on enabling software rights; abusive, and/or illegal; (ii) may constitute or incite a criminal offense; violate the rights of any party; or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, worms or any other form of malware; political campaigning; or chain letters; mass mailings; or any form of“spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any materials or content. You may not upload commercial content onto the site.
Except where otherwise expressly provided, this site and all materials and content therein are provided on an “as is” and “as available” basis. CG hereby expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for any purpose, or non-infringement. CG makes no warranty that the site, materials and content will meet your requirements, will be available on an uninterrupted or secure basis, or that the quality of any materials or content obtained by you on or through the site will meet your expectations.
If you download any material or content from this site, you do so at your own discretion and risk. You are responsible for any damage to your computer system or loss of data that results from the download of any such material or content.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the WebSite, is the property of CG or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the WebSite. CG content is not for resale. Your use of the WebSite does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CG and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CG or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by CG from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CG Content accessed through www.chobaniangroup.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless CG, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the WebSite or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CG in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising because of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and CG agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHOBANIAN GROUP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
CHOBANIAN GROUP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHOBANIAN GROUP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
Cautionary Language Regarding Forward-Looking Statements
This website may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Any such forward-looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from CG’s historical experience and our present expectations or projections. CG undertakes no obligation to publicly update or revise any forward-looking statements.
Export Restrictions/Legal Compliance
Blog Policies and Disclaimers
The views and opinions expressed on any blog or comments section on our site are the personal opinions of the original authors, not of CG. The content is provided for informational purposes only and is not meant to be an endorsement or representation by CG or any other party.
Digital Millennium Copyright Act
It is the CG’s policy to fully comply with the Digital Millennium Copyright Act (DMCA), which provides a procedure for notifying a service provider about intellectual property infringement by third parties. If you have a good faith belief that infringing activity is occurring in connection with this site, please provide written notice detailing the requisite information as set forth in Section 512(c)(3)(A) of the DMCA, which requires that a notification of claimed infringement must be by way of written communication provided to the designated agent, and that this writing includes substantially all of the following:
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (ii) Identification of the copyrighted work claimed to have been infringed.
- (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. • (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. • (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For the purposes of the DMCA, Company’s registered agent is:
75 East Santa Clara Street, Suite 1388 San Jose, California 95113
This website features logos, brand identities and other trademarks and service marks (the “Marks”) that are the property of, or are licensed to CG, its licensors, and/or content providers. All Marks are the property of their respective owners. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this site without written permission of CG or any third party that may own a Mark displayed on the site. CG reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
CG reserves the right, in its sole discretion, to terminate your access to the WebSite and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the WebSite. Use of the WebSite is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CG because of this agreement or use of the WebSite. CG's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CG's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WebSite or information provided to or gathered by CG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CG with respect to the WebSite and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CG with respect to the WebSite. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
CG reserves the right, in its sole discretion, to change the Terms under which www.chobaniangroup.com is offered. The most current version of the Terms will supersede all previous versions. CG encourages you to periodically review the Terms to stay informed of our updates.
CG welcomes your questions or comments regarding the Terms:
75 East Santa Clara Street, Suite 1388, San Jose, California 95113
Email Address: hello@ChobanianGroup.com
Telephone number: 408.916.8859
Effective as of March 29, 2018