TERMS & conditions
LAST UPDATED: February 20, 2025
TERMS & conditions
Please read these Terms of Use (the “Agreement”) carefully. Your use of the Chelsea Living Media (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and Chelsea Living LLC (“Chelsea Living” or “we”) concerning your use of (including any access to) the websites currently located at insidechelsea.com
The Website and Apps are referred to collectively in this Agreement as the “Chelsea Living Media”.
This Agreement is between you and Chelsea Living LLC (“Chelsea Living” or “we”) concerning your use of (including any access to) the websites currently located at insidechelsea.com
The Website and Apps are referred to collectively in this Agreement as the “Chelsea Living Media”.
CHANGES
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through Chelsea Living Media. Any such changes will become effective on the “Last Updated” date indicated above and such changes will not apply to any dispute between you and us arising prior to such date on which the revised Agreement incorporating such changes became effective, or otherwise notified you of such changes.
Your use of Chelsea Living Media following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of Chelsea Living Media (including access via any third-party links); charge, modify or waive any fees required to use Chelsea Living Media; or offer opportunities to some or all users.
Your use of Chelsea Living Media following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of Chelsea Living Media (including access via any third-party links); charge, modify or waive any fees required to use Chelsea Living Media; or offer opportunities to some or all users.
INFORMATION SUBMITTED THROUGH CHELSEA LIVING MEDIA
Your submission of information through the Chelsea Living Media is governed by Chelsea Living’s Privacy Notice, located at Privacy Notice. You represent and warrant that any information you provide in connection with the Chelsea Living Media is and will remain accurate and complete, and that you will maintain and update such information as needed.
CUSTOMER SERVICE
To assist you as efficiently as possible, we provide answers to the most frequently asked customer care questions, including order status and technical support. If you require the assistance of one of our customer care professionals, please call: Monday – Friday 9AM to 5PM Eastern Time. If we are not available at the time of your call, please leave a detailed message. We’ll get back to you promptly. Calls received after hours will be returned on the next business day. Customer Service: Tel. 888.662.6465 // Email: clientservices@insidechelsea.com
DAMAGES
Inspect orders upon arrival for damage. Claims must be filed with our quality department within 30 days of the item receipt date. Images of damaged merchandise maybe requested in lieu of damaged merchandise being returned.
PRODUCTS
The Chelsea Living Media may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Chelsea Living or by third parties. The availability through the Chelsea Living Media of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
TRANSACTIONS
We may make available the ability to purchase or otherwise obtain certain Products through Chelsea Living Media or through other sales channels such as telephone orders, mail orders or our physical stores (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information (“Payment Information”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through Chelsea Living Media, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
We and our third party payment service providers may request, and may receive from any of your payment card issuers or any payment card network, updated payment card information, such as cancellation of any payment card account, or updated payment card numbers or expiration dates. If such updated information is provided to us and/or any of our third party payment service providers, we may use that information to process any payment that you have authorized us to charge to such payment card, including payment for any outstanding balances owed by you on any purchase. By using Chelsea Living Media and accepting this Agreement, you hereby authorize Chelsea Living and its third party payment service providers to update your payment card information and charge your payment card using any such updated payment card information. Your payment card issuer may allow you to opt out of providing updated card information. For more information, please contact your payment card issuer.
Restrictions. Chelsea Living reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; to cancel any Transaction even after it has been placed on line through Chelsea Living Media, via customer service, and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any products or services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.
Consent Agreement for Storing Payment Information. You agree that we may store your Payment Information following your completion of a Transaction. We will only use Payment Information to finalize complete payment for any Product purchased online though Chelsea Living Media, via customer service, and/or to facilitate future Transactions you may initiate through the Chelsea Living Media. You may withdraw your consent permitting Chelsea Living to store your Payment Information by adjusting your settings in “My Account”. Any changes to the terms of this consent permitting Chelsea Living to store your Payment Information will be communicated to you as described in the Changes Section of this Agreement.
Refunds & Exchanges. Refunds and exchanges will be subject to Chelsea Living’s applicable refund and exchange policies. The refund and exchange policy for Transactions made through insidechelsea.com is available at Shipping & Returns.
In the event that you have received a refund, an exchange and/or a temporary replacement Product for Product purchased through an Chelsea Living Media, or via customer service, and you have not returned that Product and/or the temporary replacement Product to us within ten (10) business days after you have received a refund, or you received a refund that was greater than the amount you paid, then you agree that we can hold and not process any pending and/or any future orders from you until we have received the Product or full payment from you. You also agree that if a Product for which you received a refund or exchange, or a temporary replacement Product is not returned to us within ten (10) business days after you are issued a refund, then we may utilize your current or future Payment Information to re-charge you for that Product at any time.
Shipping. Chelsea Living offers shipping services subject to Chelsea Living’s applicable shipping policies. The shipping policy for Transactions made through insidechelsea.com is available at Shipping & Returns.
Trade Customers. If you are a trade customer as determined by Chelsea Living, then, in addition to this Agreement, the Trade Terms & Conditions will apply to you and your Transactions as a trade customer; such additional terms and conditions are generally made available in connection with the registration process for trade customers.
To the extent of any conflict between the terms and conditions of this Agreement and those of the Trade Terms & Conditions, those of the Trade Terms & Conditions will govern.
CREDIT CARDS
We accept the following credit cards: Visa, MasterCard, Discover and American Express. Charges are applied on the day of shipment.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) CHELSEA LIVING MEDIA AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) CHELSEA LIVING DISCLAIMS ALL WARRANTIES WITH RESPECT TO CHELSEA LIVING MEDIA AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION 14 DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH CHELSEA LIVING MEDIA.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH CHELSEA LIVINH AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
While we try to maintain the timeliness, integrity and security of Chelsea Living Media, we do not guarantee that Chelsea Living Media are or will remain updated, complete, correct or secure, or that access to the Chelsea Living Media will be uninterrupted. Chelsea Living Media may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to Chelsea Living Media. If you become aware of any such alteration, please contact us by visiting Contact Us and providing a description of such alteration and its location.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: CHELSEA LIVING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE CHELSEA LIVING MEDIA (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) CHELSEA LIVING WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE CHELSEA LIVING MEDIA OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS; (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH CHELSEA LIVING MEDIA OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING CHELSEA LIVNIG MEDIA; AND (C) THE MAXIMUM AGGREGATE LIABILITY OF CHELSEA LIVING FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO CHELSEA LIVING TO USE CHELSEA LIVING MEDIA; AND (2) TEN U.S. DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH CHELSEA LIVING AND THE AFFILIATED ENTITIES.
INDEMNITY
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Chelsea Living and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, any of Chelsea Living Media; and (b) any violation or alleged violation of this Agreement by you.
IMPORTANT NOTE TO NEW JERSEY CONSUMERS
If you are a consumer residing in New Jersey, the following provisions of this Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in the section, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in the section, the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in the section below, application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (d) in the section, the requirement that you indemnify Chelsea Living (for example, to the extent the scope of such indemnity is prohibited under New Jersey law).
GOVERNING LAW
All illustrations and specifications in Chelsea Living Media are based on the latest product information available at the time of publishing. Chelsea Living Media reserves the right to discontinue or closeout items without advance notice. Prices are subject to change; we do not make price adjustments for previous purchases. Descriptive, typographic, or photographic errors are subject to correction. Content images of Chelsea Living Media are fully protected by copyright and are not to be reproduced in any manner without written permission. Various designs shown in Chelsea Living Media are protected under one or more of the U.S. Patent, Trademark and Copyright laws.
JURISDICTIONAL ISSUES
Images shown on Chelsea Living Media represent the product design only and should not be used as a color reference. Any dispute or default arising from this Agreement shall be governed by the internal law of the State of New Jersey and each party agrees to submit to the jurisdiction and venue of the Courts of Mercer County, New Jersey.
Your submission of information through the Chelsea Living Media is governed by Chelsea Living’s Privacy Notice, located at Privacy Notice. You represent and warrant that any information you provide in connection with the Chelsea Living Media is and will remain accurate and complete, and that you will maintain and update such information as needed.
CUSTOMER SERVICE
To assist you as efficiently as possible, we provide answers to the most frequently asked customer care questions, including order status and technical support. If you require the assistance of one of our customer care professionals, please call: Monday – Friday 9AM to 5PM Eastern Time. If we are not available at the time of your call, please leave a detailed message. We’ll get back to you promptly. Calls received after hours will be returned on the next business day. Customer Service: Tel. 888.662.6465 // Email: clientservices@insidechelsea.com
DAMAGES
Inspect orders upon arrival for damage. Claims must be filed with our quality department within 30 days of the item receipt date. Images of damaged merchandise maybe requested in lieu of damaged merchandise being returned.
PRODUCTS
The Chelsea Living Media may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Chelsea Living or by third parties. The availability through the Chelsea Living Media of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
TRANSACTIONS
We may make available the ability to purchase or otherwise obtain certain Products through Chelsea Living Media or through other sales channels such as telephone orders, mail orders or our physical stores (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information (“Payment Information”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through Chelsea Living Media, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
We and our third party payment service providers may request, and may receive from any of your payment card issuers or any payment card network, updated payment card information, such as cancellation of any payment card account, or updated payment card numbers or expiration dates. If such updated information is provided to us and/or any of our third party payment service providers, we may use that information to process any payment that you have authorized us to charge to such payment card, including payment for any outstanding balances owed by you on any purchase. By using Chelsea Living Media and accepting this Agreement, you hereby authorize Chelsea Living and its third party payment service providers to update your payment card information and charge your payment card using any such updated payment card information. Your payment card issuer may allow you to opt out of providing updated card information. For more information, please contact your payment card issuer.
Restrictions. Chelsea Living reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; to cancel any Transaction even after it has been placed on line through Chelsea Living Media, via customer service, and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any products or services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.
Consent Agreement for Storing Payment Information. You agree that we may store your Payment Information following your completion of a Transaction. We will only use Payment Information to finalize complete payment for any Product purchased online though Chelsea Living Media, via customer service, and/or to facilitate future Transactions you may initiate through the Chelsea Living Media. You may withdraw your consent permitting Chelsea Living to store your Payment Information by adjusting your settings in “My Account”. Any changes to the terms of this consent permitting Chelsea Living to store your Payment Information will be communicated to you as described in the Changes Section of this Agreement.
Refunds & Exchanges. Refunds and exchanges will be subject to Chelsea Living’s applicable refund and exchange policies. The refund and exchange policy for Transactions made through insidechelsea.com is available at Shipping & Returns.
In the event that you have received a refund, an exchange and/or a temporary replacement Product for Product purchased through an Chelsea Living Media, or via customer service, and you have not returned that Product and/or the temporary replacement Product to us within ten (10) business days after you have received a refund, or you received a refund that was greater than the amount you paid, then you agree that we can hold and not process any pending and/or any future orders from you until we have received the Product or full payment from you. You also agree that if a Product for which you received a refund or exchange, or a temporary replacement Product is not returned to us within ten (10) business days after you are issued a refund, then we may utilize your current or future Payment Information to re-charge you for that Product at any time.
Shipping. Chelsea Living offers shipping services subject to Chelsea Living’s applicable shipping policies. The shipping policy for Transactions made through insidechelsea.com is available at Shipping & Returns.
Trade Customers. If you are a trade customer as determined by Chelsea Living, then, in addition to this Agreement, the Trade Terms & Conditions will apply to you and your Transactions as a trade customer; such additional terms and conditions are generally made available in connection with the registration process for trade customers.
To the extent of any conflict between the terms and conditions of this Agreement and those of the Trade Terms & Conditions, those of the Trade Terms & Conditions will govern.
CREDIT CARDS
We accept the following credit cards: Visa, MasterCard, Discover and American Express. Charges are applied on the day of shipment.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) CHELSEA LIVING MEDIA AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) CHELSEA LIVING DISCLAIMS ALL WARRANTIES WITH RESPECT TO CHELSEA LIVING MEDIA AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION 14 DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH CHELSEA LIVING MEDIA.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH CHELSEA LIVINH AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
While we try to maintain the timeliness, integrity and security of Chelsea Living Media, we do not guarantee that Chelsea Living Media are or will remain updated, complete, correct or secure, or that access to the Chelsea Living Media will be uninterrupted. Chelsea Living Media may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to Chelsea Living Media. If you become aware of any such alteration, please contact us by visiting Contact Us and providing a description of such alteration and its location.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: CHELSEA LIVING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE CHELSEA LIVING MEDIA (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) CHELSEA LIVING WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE CHELSEA LIVING MEDIA OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS; (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH CHELSEA LIVING MEDIA OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING CHELSEA LIVNIG MEDIA; AND (C) THE MAXIMUM AGGREGATE LIABILITY OF CHELSEA LIVING FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO CHELSEA LIVING TO USE CHELSEA LIVING MEDIA; AND (2) TEN U.S. DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH CHELSEA LIVING AND THE AFFILIATED ENTITIES.
INDEMNITY
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Chelsea Living and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, any of Chelsea Living Media; and (b) any violation or alleged violation of this Agreement by you.
IMPORTANT NOTE TO NEW JERSEY CONSUMERS
If you are a consumer residing in New Jersey, the following provisions of this Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in the section, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in the section, the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in the section below, application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (d) in the section, the requirement that you indemnify Chelsea Living (for example, to the extent the scope of such indemnity is prohibited under New Jersey law).
GOVERNING LAW
All illustrations and specifications in Chelsea Living Media are based on the latest product information available at the time of publishing. Chelsea Living Media reserves the right to discontinue or closeout items without advance notice. Prices are subject to change; we do not make price adjustments for previous purchases. Descriptive, typographic, or photographic errors are subject to correction. Content images of Chelsea Living Media are fully protected by copyright and are not to be reproduced in any manner without written permission. Various designs shown in Chelsea Living Media are protected under one or more of the U.S. Patent, Trademark and Copyright laws.
JURISDICTIONAL ISSUES
Images shown on Chelsea Living Media represent the product design only and should not be used as a color reference. Any dispute or default arising from this Agreement shall be governed by the internal law of the State of New Jersey and each party agrees to submit to the jurisdiction and venue of the Courts of Mercer County, New Jersey.
