Terms Of Service

This website is operated by Cheekscapemay. Throughout the location , the terms “we”, “us” and “our” refer to Cheekscapemay.

Cheekscapemay offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “service” and agree to be bound by the subsequent terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all or any users of the location, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these terms of service carefully before accessing or using our website. By accessing or using any part of the location, you agree to be bound by these Terms of Service. If you do not comply with all the terms and conditions of this agreement, then you’ll not access the website or use any services. If these terms of service are considered a suggestion, acceptance is expressly limited to those terms of service.

Any new features or tools added to the current store are subject to the Terms of Service. You’ll review the most current version of the terms of service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It’s your responsibility to check this page periodically for changes. Your continued use of or access to the web site following the posting of any changes constitutes acceptance of these changes.

Our store is hosted on Hostinger. They supply us with the web e-commerce platform that permits us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, for any reason.

You acknowledge that your content (except credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) modifications to conform to technical requirements of such networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided, without our express written consent.

The section headings in this Agreement are provided for convenience only and do not affect the terms hereof.”

SECTION 3 – ACCURACY , COMPLETENESS, AND TIMELINES OF DATA

We do not take responsibility for any information on this site that may be inaccurate, incomplete, or outdated. The content provided is intended for general informational purposes only and should not be used as the sole basis for making decisions without consulting more reliable, accurate, and timely sources. Any reliance on the content of this site is at your own discretion.

Please note that this site may include historical information. By nature, historical content is not current and is provided solely for reference. We reserve the right to modify the content of this site at any time; however, we are under no obligation to update any information. You acknowledge that it is your responsibility to stay informed about changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND COST

Product prices are subject to change without notice.

We reserve the right to modify, discontinue, or alter any part of our service, including content, at any time without prior notice.

We shall not be held responsible to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the service.

SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be exclusively available online through our website. These items could be limited in quantity and are eligible for return or exchange only in accordance with our Return Policy. We strive to represent the colors and images of our products in the shop as accurately as possible. However, we cannot guarantee that the color display on your monitor will be perfectly accurate.

We reserve the right, but are not obligated, to restrict sales of our products or services to any individual, geographic region, or jurisdiction. This discretion may be exercised on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time, at our sole discretion. We also reserve the right to discontinue any product at any time. Any product or service offered on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other materials purchased will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order at our discretion. We may limit or cancel quantities per person, household, or order, including those placed under the same customer account, credit card, or billing and shipping address. If we modify or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided during the order process. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

By shopping with us, you agree to provide current, complete, and accurate purchase and account details for all transactions. You also agree to promptly update your account information, including your email address and payment details, to ensure smooth order processing and communication when needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may offer access to third-party tools, over which we have no oversight, control, or input.

You acknowledge and agree that these tools are provided ‘as is’ and ‘as available,’ without warranties, representations, or endorsements of any kind. We assume no liability for any issues arising from your use of these optional third-party tools.

Your use of any optional tools made available through the site is entirely at your own risk. It is your responsibility to fully understand and agree to the terms provided by the relevant third-party provider(s).

In the future, we may introduce new services or features through the website, including the release of new tools and resources. These additions will also be governed by these terms of service.

SECTION 8 – THIRD-PARTY LINKS

Some content, products, and services accessible through our platform may include materials from third parties.

Links to third-party sites on this website may lead you to external websites that are not affiliated with us. We make no guarantees and accept no responsibility for the content, accuracy, or reliability of these third-party websites, nor for any materials, products, or services offered by them.

We are not liable for any harm or damage arising from the purchase or use of products, services, resources, content, or other transactions made in connection with third-party websites. We strongly encourage you to thoroughly review the third party’s policies and practices to ensure you understand them before proceeding with any transactions. Any complaints, claims, concerns, or inquiries regarding third-party products should be directed to the respective third party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit any content to us—whether it’s by our request, such as contest entries, or unsolicited, including creative ideas, suggestions, proposals, plans, or other materials (collectively referred to as ‘comments’)—you agree that we have the right, without limitation, to edit, copy, publish, distribute, translate, and utilize these comments in any medium. We are under no obligation to (1) maintain the confidentiality of your comments; (2) offer compensation for any comments; or (3) respond to your submissions.

While we reserve the right to monitor, edit, or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service, we are not obligated to do so.

You agree that your comments will not infringe on the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, your comments must not contain defamatory, illegal, abusive, or obscene material, or introduce any viruses or malware that could disrupt the functionality of our service or related websites. You also agree not to use a false email address, impersonate someone else, or mislead us or others regarding the origin of your comments. You are solely responsible for the content and accuracy of your comments. We disclaim any responsibility and liability for any comments posted by you or third parties.

SECTION 10 – PERSONAL INFORMATION

Your submission of private information through the shop is governed by our Privacy Policy. Take a look at our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

At times, our site or services may include typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any details on our service or related websites are found to be incorrect, at any time, without prior notice (even after an order has been placed).

We are under no obligation to update, amend, or clarify information on our service or related websites, including but not limited to pricing, except as required by law. The absence of a specific update or refresh date should not be interpreted to imply that all information on our service or related websites has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to the restrictions outlined in our Terms of Service, you are strictly prohibited from using this site or its content for the following purposes: (a) any illegal activity; (b) encouraging others to engage in illegal acts; (c) violating any applicable international, federal, provincial, state, or local laws, regulations, or ordinances; (d) infringing upon or violating our intellectual property rights or the rights of others; (e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against individuals based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other malicious code that may be used to affect the functionality or operation of the Service, any related website, other websites, or the Internet; (h) collecting or tracking the personal information of others; (i) engaging in spamming, phishing, pharming, pretexting, crawling, scraping, or other forms of automated data collection; (j) for any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.We do not warrant that the results obtained from the use of the service will be accurate or reliable.

You acknowledge that we may, at any time, temporarily suspend or permanently discontinue the service without prior notice.

You expressly agree that your use of the service, or your inability to use the service, is at your own risk. The service, along with any products or services provided through it, is delivered on an “as is” and “as available” basis unless otherwise explicitly stated by us. This means there are no representations, warranties, or conditions of any kind—whether express or implied—including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall Cheeks Cape May, its directors, officers, employees, affiliates, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, data loss, replacement costs, or any similar damages, regardless of whether they are based on contract, tort (including negligence), strict liability, or otherwise. Since certain states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the fullest extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Cheekscapemay, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, against any claims, demands, or liabilities, including reasonable attorney fees, arising from your breach of these Terms of Service, any related documents, or any violation of laws or third-party rights.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforced to the maximum extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms, without affecting the validity or enforceability of the remaining provisions.

SECTION 16 – TERMINATION

For all intents and purposes, any obligations or liabilities incurred by either party prior to the termination date shall survive the termination of this agreement.

These Terms of Service shall remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us of your decision to discontinue using our services, or by ceasing use of our website.

Should you fail, or if we have reason to believe that you have failed, to comply with any provision of these Terms of Service, we reserve the right to terminate this agreement immediately without notice. In such an event, you will still be responsible for any outstanding amounts owed up to and including the date of termination, and we may also deny you access to our services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of any party to enforce or assert any right or provision under these Terms of Service shall not be deemed a waiver of such rights or provisions.

These Terms of Service, along with any policies or operational guidelines posted on this site or related to the Service, represent the complete and final agreement between you and us. They govern your use of the Service, overriding any previous or concurrent agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be interpreted against the party responsible for drafting them.

SECTION 18 – GOVERNING LAW

These Terms of Service, as well as any separate agreements under which we provide you with services, will be governed and construed in accordance with the laws of the United States of America.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You may access the latest version of our Terms of Service at any time by visiting this page.

We reserve the exclusive right to update, modify, or replace any portion of these Terms of Service at our discretion. Any such updates or changes will be posted on our website. It is your responsibility to periodically review the Terms of Service for any modifications. Your continued use of or access to our website or services after any updates have been made signifies your acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the terms of service should be sent to us at email: [email protected].

Customer Support Team

Email: [email protected]