Terms of service
TERMS OF USE
The use of this web site binds you to the terms even if you bypass or skip this page. McCallum Dry Goods Inc. reserves the right to update or modify the Terms of Use at any time without prior notice. Using explorecedarchest.com constitutes your agreement to follow and be bound by the current Terms of Use. Therefore, we encourage all users to review these Terms whenever visiting the site.
USAGE RESTRICTIONS
All of the content you see and hear on the website, including, headers, images, illustrations, graphics, audio & video clips are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by McCallum Dry Goods Inc., one of its affiliates, or by third parties who have licensed their materials to McCallum Dry Goods Inc. The entire content of the website is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement, and enhancement of the content.
The content of the explorecedarchest.com website, and the site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may download, print, or store selected portions of the content, provided you:
ONLY USE THESE MATERIALS FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE.
DO NOT COPY OR POST THE CONTENT ON ANY NETWORK COMPUTER.
DO NOT MODIFY OR ALTER THE CONTENT IN ANY WAY, OR DELETE OR CHANGE ANY COPYRIGHT OR TRADEMARK NOTICE.
No right, title, or interest in any content or materials is transferred to you as a result of any such activities. McCallum Dry Goods Inc. reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute, or store from this website.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to explorecedarchest.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 McCallum Dry Goods Inc. property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to McCallum Dry Goods Inc. of all rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, McCallum Dry Goods Inc. 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. McCallum Dry Goods Inc. is and shall be under no obligation to:
MAINTAIN ANY COMMENTS IN CONFIDENCE.
PAY TO USER ANY COMPENSATION FOR ANY COMMENTS.
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.
PRICING POLICY
At explorecedarchest.com, our commitment is to offer convenience, service, and product availability online at compelling prices every day, with certain limited-time offerings of merchandise at promotional prices. While merchandise offered online at explorecedarchest.com will usually be priced the same as merchandise offered at our retail store Cedar Chest, in some cases, our retail store may have different prices or promotional events at different times.
CORRECTION OF ERRORS AND INACCURACIES
The information presented on the explorecedarchest.com website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, and availability and may include text, images, and Video or Audio clips. We apologize for any inconvenience this may cause you. Please see our Return Policy if you are not fully satisfied with your explorecedarchest.com purchase.
TYPOGRAPHICAL ERRORS
In the event an explorecedarchest.com product is listed at an incorrect price due to typographical error or systems error, McCallum Dry Goods Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. McCallum Dry Goods Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, McCallum Dry Goods Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
CHANGE OR TERMINATION OF TERM OF USE
Terms of Use are applicable to you upon your accessing the site or completing the registration or shopping process. These Terms of Use (all or any of them), may be terminated by McCallum Dry Goods Inc. without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
McCallum Dry Goods Inc. may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your explorecedarchest.com account information.
ENFORCEMENT OF TERMS OF USE
By accessing and using the explorecedarchest.com website, you agree that your access to and use of the explorecedarchest.com website is subject to these Terms of Use, as well as all applicable laws, as governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America.
USE OF SITE
Harassment in any manner or form of the site, including via email and chat or by obscene or abusive language, is strictly forbidden. Impersonation of others, including a McCallum Dry Goods Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless McCallum Dry Goods Inc., its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our site visitors, McCallum Dry Goods Inc. may choose various third-party websites to link to from its own site. However, even if the third party is affiliated with McCallum Dry Goods Inc., McCallum Dry Goods Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of McCallum Dry Goods Inc. . McCallum Dry Goods Inc. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, McCallum Dry Goods Inc. seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).
DISCLAIMER
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MCCALLUM DRY GOODS INC. DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MCCALLUM DRY GOODS INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCCALLUM DRY GOODS INC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
MCCALLUM DRY GOODS INC. SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF MCCALLUM DRY GOODS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
USE OF TAGS
By tagging your photographs and videos with the following:
#cedarchestnorthampton, #cedarchest, #thornesmarketplace, #moretodiscover, #cedarchestclinique, #cedarchestsale, #noteworthynoho
(here designated as the TAGs) on Twitter, Instagram, Facebook or Pinterest you, the undersigned, hereby grants McCallum Dry Goods Inc., and their agents, affiliates and/or assignees, a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the Photos and videos, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in connection with the TAGs. You also grant McCallum Dry Goods Inc. permission to use and authorize others to use your name or social media handle and any profile picture you provide in association with the Photos for identification, publicity related to the TAGS, and for similar promotional purposes. You represent and warrant that:
1. You own the Photos you tag using the any of the TAGs or otherwise have the right to grant the rights and licenses set forth in these terms and conditions.
2. Posting and use of your Photos on Cedar Chest’s page or timeline on Twitter, Instagram, Facebook, or Pinterest, and on the website located at www.explorecedarchest.com, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
3. You have the legal right and capacity to enter into these terms and conditions. You hereby release McCallum Dry Goods Inc. and their agents, affiliates, and/or assignees from any and all claims for damages of any kind resulting from the use of the Photos.
CEDAR CHEST AND WWW.EXPLORECEDARCHEST.COM ARE OPERATED IN THE UNITED STATES BY MCCALLUM DRY GOODS INC. MCCALLUM DRY GOODS INC. IS A MASSACHUSETTS BASED CORPORATION WITH ITS REGISTERED OFFICE AT 150 MAIN STREET, NORTHAMPTON, MASSACHUSETTS 01060.
