Terms Of Use

Effective Date: March 4, 2022

These Terms of Use govern your use of our websites, mobile applications, and other related information and services provided by us (collectively the “Services”). Please read these Terms of Use carefully before using any of the Services. By using any of the Services, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, you may not use any of the Services.

Additional Terms

Some Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using such Service, you agree to the applicable Additional Terms. In addition, to the extent you enter or are otherwise eligible for any contest, sweepstakes, or other promotion, you may be subject to separate or additional terms and conditions that govern such contest, sweepstakes, or other promotion.

Intellectual Property Notice

Unless otherwise noted, all materials, including, without limitation, all images, illustrations, designs, icons, photographs, video clips, written and other materials that appear as part of the Services (collectively “Content”) are copyrights, trademarks, trade dress, and/or other intellectual properties owned by or licensed to Chubbys. Each of the Services as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to such copyright and trade dress are owned by or licensed to Chubbys. All Chubbys trademarks appearing on or as part of the Services are registered or common law trademarks owned by or licensed to Chubbys. You may download, print, and store selected portions of the Content only if you: (1) use these copies only for your own personal, non-commercial use; (2) do not copy or post the Content on any network or website, or transmit the Content in any media whatsoever; and (3) 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 downloaded Content is transferred to you as a result of any such downloading. Chubbys or its licensor reserves all right, title, interest, and full intellectual property rights in any Content you download from the Services. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, or otherwise use the Content.

Comments

We welcome your comments. However, by sending us any comments, feedback, testimonials, notes, messages, ideas, suggestions, know-how, concepts, techniques, criticisms, reports, or other communications (collectively “Comments”), whether oral or written, you hereby grant to Chubbys an irrevocable, non-exclusive, fully paid, royalty free, worldwide, sublicensable, transferable, license to reproduce and use such Comments, in any medium now known or hereinafter created, for any purpose whatsoever. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Chubbys has no duties to you with respect to such Comments.

Links

The Services may contain links to third party websites or Internet resources that are not owned or controlled by Chubbys. Our provision of a link to any other website or Internet resource is for your convenience only and does not signify our endorsement of such other website or resource or its contents. CHUBBYS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS, OR PRACTICES OF ANY THIRD PARTY WEBSITE OR INTERNET RESOURCE.

Product and Pricing Information

Most products displayed on or through the Services are available at Chubbys stores or their affiliates. In some cases, merchandise displayed for sale on or through the Service may not be available at Chubbys stores or their affiliates. The prices displayed on or through the Services are quoted in U.S. Dollars and are valid and effective only in the U.S. and for website sales. Store prices may differ from prices shown on or through the Services.

Pricing in Chubbys stores may differ from prices shown online. Any offers or prices shown online will apply to orders placed through that selling channel. Pricing and offers are subject to change at any time. All rights reserved.

Disclaimer

THE SERVICES AND ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES, AND THAT CHUBBYS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES.

Inaccuracy Disclaimer

Chubbys strives for its Services, Content, and other materials to be accurate. However, from time to time, there may be information available on or through the Services or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Chubbys reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), which may include canceling orders. No advertisement or product listing is a binding offer of sale. Chubbys may, in its sole discretion, cancel any order at any time prior to shipping. As the actual colors you see will depend on your monitor, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CHUBBYS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSEES, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR) USE OF THE SERVICES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Chubbys may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Chubbys liability shall be the minimum permitted under such applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Chubbys and its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur arising from or relating to your (or anyone using your Services) use of any of the Services or any violation of these Terms of Use or any applicable Additional Terms.

Privacy

Please read our Privacy Policy.

Miscellaneous

These Terms of Use shall be construed and enforced in accordance with the laws of the State of Colorado without regard to any choice of law or conflict of laws principles, regardless of where you live. These Terms of Use and any Additional Terms, together with any other rules or guidelines posted in connection with our website, constitute the entire and exclusive and final statement of the agreement between you and Chubbys with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements, negotiations, between you and Chubbys with respect to the subject matter hereof. The failure of Chubbys to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms of Use is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of that provision, and the remainder of these Terms of Use shall continue in full force and effect.

Terms of Use Changes

Chubbys reserves the right, at our sole discretion, to change these Terms of Use at any time. Please check this page periodically for changes. Those changes will go into effect on the Effective Date disclosed in the changed Terms of Use. The new Terms of Use will apply to all current and past users of the Services and will replace any prior Terms of Use that are inconsistent.