Last modified: January 7, 2024

 

General Information

The information provided on this website is for general informational purposes only. Chaney Enterprises makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, or services featured on this website. Any reliance you place on such information is strictly at your own risk, and we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.

Please read these terms carefully before you start to use this website. By using the website or by clicking to accept or agree to these terms when this option is made available to you, you accept and agree to be bound and abide by these terms. If you do not want to agree to these terms, you must not access or use the website.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  PLEASE READ THE APPLICABLE SECTIONS CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION.  EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND Chaney Enterprises WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Limitation of Liability

Chaney Enterprises will not be held liable for any loss or damage, including but not limited to indirect or consequential loss or damage, arising from the use of this website or reliance on its content,  even if advised of the possibility of such damages.  The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Chaney Enterprises and you agree that this section represents a reasonable allocation of risk and that Chaney Enterprises would not proceed in the absence of such allocation.

 

External Links

This website may contain links to external websites that are not controlled or maintained by Chaney Enterprises. We do not guarantee the accuracy or relevance of any information on these external sites and are not responsible for their content or practices.  We do not control such external websites or platforms and are not responsible for their content or the privacy or other practices of such external websites or platforms.  If you decide to access any of the third-party external websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Intellectual Property

All content, including text, images, trademarks and logos on this website is the intellectual property of Chaney Enterprises unless otherwise stated. Unauthorized use, reproduction, or distribution is prohibited.  All other trademarks, product or service names, and company names or logos mentioned in or on this website are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by Chaney Enterprises.

 

Product and Service Information

Descriptions of products or services on this site are subject to change without notice. Chaney Enterprises does not guarantee the availability or suitability of products or services mentioned on the site.

 

Credit Application and Approval

Submitting a completed and signed “Open Account Agreement” does not mean that Chaney Enterprises will automatically grant credit to you and does not guarantee the extension of credit by Chaney Enterprises.  Credit is, at all times, subject to approval and revocation by Chaney Enterprises. By submitting a completed “Open Account Agreement,” you authorize Chaney Enterprises to run a credit check and perform other necessary evaluations to determine creditworthiness.

You warrant that all information supplied in the “Open Account Agreement” is true, accurate, current, and complete, and you are obligated to promptly notify Chaney Enterprises of any material changes to the information they supply.

You agree to comply with all terms and conditions set forth in the “Open Account Agreement” and acknowledges that any breach of these terms may result in the revocation of credit privileges.

 

App Store-Sourced Applications

The following applies to any Chaney Enterprises mobile applications that are accessed through or downloaded from the Apple App Store (an “App Store-Sourced Application”):

You acknowledge and agree that (i) the terms are entered into between you and Chaney Enterprises only, and Apple Inc. (“Apple”) is not a party to the terms other than as third-party beneficiary as contemplated below, and (ii) Chaney Enterprises, not Apple is solely responsible for the App Store-Sourced Application and content thereof.  Your use of the App Store-Sourced Application must comply with the App Store Terms of Service, including any license and use limitations therein.

Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.

In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application.  As between Chaney Enterprises and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Chaney Enterprises, subject at all times to warranty limitations and exclusions set forth in these terms.

You and Chaney Enterprises acknowledge that, as between Chaney Enterprises and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Chaney Enterprises acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, as between Chaney Enterprises and Apple, Chaney Enterprises (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by these terms.

You acknowledge, represent, and warrant that (i) you are not located in a country embargoed by United States or other applicable law from receiving the Chaney Enterprises Platform and related services, (ii) you are not located in a country that has been designated by the U.S. Government as a “terrorist supporting” country, and (iii) you have not been listed by the U.S. Government on any U.S. Government list of prohibited or restricted parties.  If you are unable to make the acknowledgements and representations in this paragraph, you are not permitted to use or access the Chaney Enterprises Platform or any App Store-Sourced Application.

You and Chaney Enterprises acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of these terms, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.

Privacy

For information on how we handle personal data, please refer to our Privacy Policy.

 

Arbitration Agreement and Class Action Waiver

PLEASE REVIEW CAREFULLY AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.

1 . Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof (each, a “Dispute” and collectively, the “Disputes”) will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this Section, and not in a class, representative or consolidated action or proceeding. You and Chaney Enterprises agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these terms and that YOU AND CHANEY ENTERPRISES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section shall survive the termination of these terms.

2 . Exceptions and Opt-out Option. The only exceptions to Section are the following:

1. you or Chaney Enterprises each may seek to resolve an individual Dispute in small claims court if it qualifies.
2. you or Chaney Enterprises each may seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
3. you may opt out of arbitration entirely and litigate any Dispute individually if you provide us with a signed, written notice of your decision to do so pursuant to subsection 9 below; however, if you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to the prior version of any arbitration provision to which you had previously agreed.

3 . Initial Dispute Resolution and Notification. You and Chaney Enterprises agree that, prior to initiating an arbitration or other legal proceeding, you and Chaney Enterprises will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against Chaney Enterprises, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Chaney Enterprises’ Legal Department at the Chaney Enterprises address set out in these terms.  For purposes of these terms, initiating an arbitration means filing an arbitration demand (“Demand”).

Your Notice to Chaney Enterprises must contain all of the following information: (1) your full name and address; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing Chaney Enterprises to disclose information about you to your attorney.

After receipt of your Notice, you and Chaney Enterprises shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor Chaney Enterprises may initiate an arbitration or other legal proceeding.

If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.

4 . Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.   Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator.

An arbitration Demand filed with JAMS must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Section.

Any arbitration hearing will take place in or nearest to the county or municipality where you live, unless you and Chaney Enterprises agree to a different location or to a virtual hearing.  You and Chaney Enterprises may choose to have the arbitration conducted by telephone, or based on written submissions.

The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement, except that only a court of competent jurisdiction as set forth terms (and not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these terms  is unenforceable, unconscionable, void, or voidable.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and these terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and Chaney Enterprises.

6 . Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable JAMS rules, as set forth in subsection 4. If you prevail on your claim in arbitration, Chaney Enterprises will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction. If Chaney Enterprises prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award Chaney Enterprises reimbursement from you of Chaney Enterprises’ arbitration filing fees and costs.

7 . Offer of Settlement. Chaney Enterprises may, but is not obligated to, make a written offer to settle your claim at least 14 days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than Chaney Enterprises’ settlement offer, the arbitrator may order you to pay the arbitration costs incurred by Chaney Enterprises after its offer was made, unless otherwise prohibited by the underlying law governing your claim.

8 . Class Action Waiver. YOU AND CHANEY ENTERPRISES AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and Chaney Enterprises may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party in connection with these Terms. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CHANEY ENTERPRISES WAIVE ANY RIGHT TO A JURY TRIAL.

9 . Effect of Changes on Arbitration. If Chaney Enterprises changes any terms of this Section  after the date you first accepted these terms or any subsequent changes to these terms, you may reject the new changes to this Section by sending us written notice, personally signed by you, by certified mail to the attention of Chaney Enterprises’ Legal Department at the Chaney Enterprises address set out in these terms within 30 days of the date such change became effective, as indicated by the later of (1) the “ Last Updated” date of the terms you seek to reject or (1) the date of Chaney Enterprises’ email to you notifying you of such change. Even if you reject a change, you will remain subject to the last version of this Section and the terms you had accepted, as modified by any changes that you did not reject.

10 . Severability. If any portion of this Section is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of Section and all other terms shall continue to be enforceable and valid.

Governing Law and Jurisdiction

These terms shall be governed by the laws of the State of Maryland, consistent with the Federal Arbitration Act, without regard to principles of conflicts of law. The Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods shall not apply.  Exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in the City of Baltimore, and you consent to the jurisdiction of those courts.

Updates

Chaney Enterprises reserves the right to modify or update this disclaimer at any time without prior notice. It is your responsibility to review this page periodically.  All changes are effective immediately when we post them.  Your continued use of the website following the posting of revised terms means that you accept and agree to the changes.

Your Comments and Concerns

All Notices, other feedback, comments, requests for technical support, and other communications relating to the website should be directed to:

Chaney Enterprises

2410 Evergreen Road, Suite 201

Gambrills, MD 21054

info@ChaneyEnterprises.com