TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to the actual product, text, graphics or code is copyrighted as a collective work under United States, International and other copyright laws, and is the property of www.schatzii.com and Cleer Gear LLC. The collective work includes works that are licensed to Cleer Gear, LLC and www.schatzii.com . All content included on this site, including text, graphics, logos, icons, images, videos and software is the property of Cleer Gear LLC and protected by U.S. and international copyright laws. Schatzii’s’s logos, products and service names are exclusively licensed to Cleer Gear LLC. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Cleer Gear LLC. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Cleer Gear LLC. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may not publish, reproduce, distribute, transmit, display, create derivative works from, modify, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents from this Site.
The Schatzii Smart Cloth product is protected under United States and International Patent laws, and is the sole property of Cleer Gear LLC. The Schatzii Smart Cloth product is not to be duplicated or copied in any way or form.
All trademarks, service marks and trade names of www.schatzii.com and Cleer Gear LLC used in the site are trademarks or registered trademarks of www.schatzii.com and Cleer Gear LLC. The absence of a product or service name or logo from this list does not constitute a waiver of Cleer Gear’s trademark or other intellectual property rights concerning that name or logo. All other products and company names mentioned in the Contents or the Site may be trademarks of their respective owners.
This site and the materials and products on 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, www.schatzii.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.schatzii.com 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. www.schatzii.com does not make any warranties or representations regarding the use of the materials in this site in terms of their reliability, accuracy, adequacy, usefulness, timeliness, correctness or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
www.schatzii.com 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 www.schatzii.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent allowed by law, Cleer Gear’s total liability to you for all losses, damages, and causes of action in contract, tort , including without limitation, negligence, or otherwise, will not be greater than the amount you paid to access this site.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.schatzii.com 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.
www.schatzii.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.schatzii.com.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.schatzii.com products) shall be in the state or federal courts located in San Francisco County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.schatzii.com products) must be commenced within one (1) year after the claim or cause of action arises. www.schatzii.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.schatzii.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.schatzii.com 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 the 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 other organization.
You agree to indemnify, defend, and hold harmless www.schatzii.com and Cleer Gear LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' 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, and from the use of any product or service purchased on www.schatzii.com.
In an attempt to provide increased value to our visitors, www.schatzii.com may link to sites operated by third parties. However, even if the third party is affiliated with www.schatzii.com, www.schatzii.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.schatzii.com. These linked sites are only for your convenience and therefore you access them at your own risk.