Last updated July 15, 2024
Thank you for visiting our website, www.chubbiesshorts.com (the "Site") owned and operated by Chubbies Inc., d/b/a Chubbies (“Chubbies,” “we,” “us,” or “our”). Except as otherwise noted herein, these terms and conditions ("the Terms") govern your use of the Site and our mobile application. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Chubbies reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Chubbies provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is Chubbies property and is protected by trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Chubbies. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
The Site may be used only for lawful purposes and is available only for your
personal, noncommercial use, which shall be limited to viewing the Site,
purchasing products, providing information to the Site, and downloading product
information for your personal review. You are responsible for your own
communications, including the transmission, posting, and uploading of
information and are responsible for the consequences of such communications to
the Site. Chubbies specifically prohibits any use of the Site, and requires all
users to agree not to use the Site, for any of the following:
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POSTING ANY INFORMATION WHICH IS INCOMPLETE, FALSE, INACCURATE OR NOT YOUR
OWN.
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COMMUNICATING, TRANSMITTING, OR POSTING MATERIAL THAT IS COPYRIGHTED OR
OTHERWISE OWNED BY A THIRD PARTY UNLESS YOU ARE THE COPYRIGHT OWNER OR HAVE
THE PERMISSION OF THE OWNER TO POST IT.
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COMMUNICATING, TRANSMITTING, OR POSTING MATERIAL THAT INFRINGES ON ANY OTHER
INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHT OF ANOTHER.
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ATTEMPTING TO INTERFERE IN ANY WAY WITH THE SITE'S OR CHUBBIES’ NETWORKS OR
NETWORK SECURITY, OR ATTEMPTING TO USE THE SITE'S SERVICE TO GAIN
UNAUTHORIZED ACCESS TO ANY OTHER COMPUTER SYSTEM.
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ENGAGING IN CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVING RISE TO
CIVIL LIABILITY OR OTHERWISE VIOLATE ANY CITY, STATE, NATIONAL OR
INTERNATIONAL LAW OR REGULATION THAT WOULD FAIL TO COMPLY WITH ACCEPTED
INTERNET PROTOCOL.
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COMMUNICATING, TRANSMITTING, OR POSTING MATERIAL THAT REVEALS TRADE SECRETS,
UNLESS YOU OWN THEM OR HAVE THE PERMISSION OF THE OWNER.
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COMMUNICATING, TRANSMITTING, OR TRANSFERRING (BY ANY MEANS) INFORMATION OR
SOFTWARE DERIVED FROM THE SITE TO FOREIGN COUNTRIES OR CERTAIN FOREIGN
NATIONS IN VIOLATION OF ANY APPLICABLE EXPORT CONTROL LAWS.
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COMMUNICATING, TRANSMITTING, OR POSTING MATERIAL THAT IS IN VIOLATION OF
APPLICABLE LAWS OR REGULATIONS.
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our sole judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of Chubbies merchandise, including, but not limited to, all purchases made on our site and retail stores.
ERRORS, INACCURACIES AND OMISSIONS
We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update product information at any time without prior notice. In the event a product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price.
Violations of system or network security may result in civil or criminal liability. Chubbies will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- ACCESSING DATA NOT INTENDED FOR YOU OR LOGGING ON TO A CHUBBIES SERVER OR ACCOUNT, WHICH YOU ARE NOT AUTHORIZED TO ACCESS.
- ATTEMPTING TO INTERFERE OR INTERFERING WITH THE OPERATION OF OUR SITE, OUR PROVISION OF SERVICES TO ANY OTHER VISITORS TO OUR SITE, OUR HOSTING PROVIDER OR OUR NETWORK, INCLUDING, WITHOUT LIMITATION, VIA MEANS OF SUBMITTING A VIRUS TO THE SITE, OVERLOADING, "FLOODING", "MAILBOMBING" OR "CRASHING" THE SITE.
- LOGGING ON TO A CHUBBIES SERVER OR ACCOUNT, WHICH YOU ARE NOT AUTHORIZED TO ACCESS.ATTEMPTING TO PROBE, SCAN OR TEST THE VULNERABILITY OF A SYSTEM OR NETWORK OR TO BREACH SECURITY OR AUTHENTICATION MEASURES WITHOUT PROPER AUTHORIZATION (OR SUCCEEDING IN SUCH AN ATTEMPT).
- FORGING ANY TCP/IP PACKET HEADER OR ANY PART OF THE HEADER INFORMATION IN ANY E-MAIL OR TRANSMISSION OR POSTING TO OUR SITE.
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government's lists of prohibited and restricted parties.
MERCHANT REQUIREMENT FOR EU COUNTRIES
The goods will be imported on behalf of the consignee/buyer. The consignee authorizes Chubbies to import the goods on his behalf. Further, the consignee/buyer agrees Chubbies may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods.
PRODUCT AND PRICING INFORMATION
Although Chubbies has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Chubbies cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Chubbies is not responsible for typographical errors regarding price or any other matter.
Chubbies is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner of the Materials and Content on the Site, unless otherwise indicated. The Chubbies logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Chubbies Intellectual Property") are owned by Chubbies and may be registered in the United States and internationally. You agree not to display or use the Chubbies Intellectual Property in any manner without Chubbies’ prior permission. Nothing on the Site should be construed to grant any license or right to use any Chubbies Intellectual Property without the prior written consent of Chubbies.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Chubbies. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
Any and all content, comments, feedback, suggestions, ideas, concepts, questions or other communications (collectively "User Content") that you submit or post on the Site shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Chubbies a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce or use the User Content in any commercial or non-commercial manner whatsoever. Chubbies will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Chubbies shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Chubbies retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Chubbies and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Creating a customer account on the Site (“Account”) will automatically enroll you to be a member (“Member”) of the Chubbies Collective Rewards Program (the “Program”). The Program is open to all residents of the U.S. and Canada. Members shall be subject to any posted guidelines, rules, terms and conditions posted on the Site and applicable to the Program. Members must provide a valid, unique email address upon enrollment. Members agree that creation of a membership and/or participation in the Program will represent the Member’s acceptance of these terms and conditions and the privacy policy.
If a Member provides any registration data that is untrue, inaccurate, not current or incomplete, or if Chubbies in its discretion, suspects that a Member’s registration data is untrue, inaccurate, not current or incomplete, Chubbies has the right to suspend, terminate or refuse the Member’s current or future use of the Program.
After you have been enrolled in the Program, you will have the opportunity to earn or receive Points for every dollar of Net Purchases made by you on our website. As used herein, “Net Purchases means your purchases – less all sales tax, customs duties, shipping and handling fees, returns, price adjustments, redeemed Points rewards, and other discounts. Purchase of gift certificates are not eligible to earn Points. Points cannot be sold, are not transferrable, and may not be combined with any other accounts or any other rewards program. Points have no cash, trade or barter value. Members have no ownership interest in accrued Points and Points are not the property of Members. Points earned on Net Purchases between .01 - .99 are rounded down. Returns and other adjustments, such as a price adjustment, may reduce your Points balance. All dollar amounts referred to in these Terms are in U.S. dollars (USD).
Rewards points (“Points”) earned through the Program will expire on a rolling 12 month basis, meaning you may use them for 12 months from the date you earned them. For example: if you earned 200 Points on July 1, 2024, those 200 Points would expire on June 30, 2025. Chubbies reserves the right to change the expiration date of Points received under the Program. Members can view all Points activity from the “Rewards” section of their Account page. You will forfeit all accumulated and unused Points if you close your account or your participation in the Program is terminated and you may not have access to any other Program benefits as determined by Chubbies in its sole discretion.
Your Member tier status will remain valid for a period of 12 months from the date you establish a new tier status. Tier status is based on the number of Dollars Spent in the previous 12-month period. For example, if you achieve Tier 3 status on February 1, 2025, you will retain Tier 3 status until February 1, 2026, at which time your Member tier status will revert back to the tier that matches your qualifying spend. If you spend enough to qualify for Tier 2, you’ll be moved there or if not enough spend is accrued to qualify for Tier 2 you’ll be dropped to Tier 1.
Any coupon codes created from your Points will expire thirty (30) days from the date the coupon code was created.
Chubbies may, in its discretion, cancel, modify, restrict or terminate the Program or any aspects or features of the Program, including, but not limited to, benefits associated with tier status, points accumulated for bonus point actions, or welcome sign-ups, at any time without prior notice. Updated Program rules will be available at chubbiesshorts.com. Any change in the Program will apply to unredeemed Points as well as Points Members may earn in the future.
Members shall have no claim against Chubbies based on failure of Points to appear in a timely manner. No Points will be awarded for purchases made on our website in violation of these Terms. Points are not valid unless earned in strict compliance with the requirements of these Terms and Program rules, as interpreted and applied by Chubbies. Chubbies’ determination of the number or amount of Points available to any Member herein shall be final and binding for all purposes.
If, in their sole discretion, Chubbies suspects fraud, misrepresentation, abuse or violation of applicable rules involving the Program or Points, Chubbies has the right to take appropriate administrative and/or legal action, including the cancellation of accumulated Points, and termination of Program participation.
Accrued Points are not transferable in the event of Member death or divorce. All Points are subject to all other Program rules, terms and conditions. Blackout dates may apply. Once Points have expired in accordance with the Program rules, they will not be reinstated.
Each Member shall be responsible for advising Chubbies of any changes of name, address, email or any other Account information.
Except as otherwise provided, the Program is only open to individual participants and not corporations or businesses. Pooling of Points or using another individual’s Account is considered fraudulent and may result in the loss of all points.
Each Member is responsible for remaining knowledgeable as to the Program terms and conditions and as to the Activity and number of points in his or her Account.
Notwithstanding anything else to the contrary contained in these Terms of Use, Chubbies’ use of any personally identifiable information (name, email etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Chubbies’ protection of your personal information, please refer to our Privacy Policy.
DISCLAIMERS AND LIMITATION OF LIABILITY
Chubbies publishes information on its Site as a convenience to its visitors. While Chubbies attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Chubbies products described in the Site may not be available in your region. Chubbies does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS."
CHUBBIES DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CHUBBIES DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CHUBBIES MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Chubbies makes no warranties of any kind regarding any non-Chubbies sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Chubbies makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Chubbies sites. Chubbies does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL CHUBBIES OR ANY OF THEIR RESPECTIVE MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF CHUBBIES OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Chubbies, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us. You may also contact us by writing to Chubbies, Inc., Attn: Legal, P.O. Box 726, Grapevine, TX 76099. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with Chubbies shall be submitted to confidential arbitration in San Francisco, California. However, if you have in any manner violated or threatened to violate any Chubbies Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
These Terms constitute the entire agreement between you and Chubbies and govern your use of the Site, and they supersede any prior agreements between you and Chubbies. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Chubbies may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Chubbies’ sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between Chubbies and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Chubbies or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Chubbies to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of California.
You may not assign the Terms or any of your rights or obligations under the Terms without Chubbies’ express written consent. The Terms inure to the benefit of Chubbies’ successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please contact us at info@chubbiesshorts.com.
