PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ALL USERS OF THIS SITE AGREE
THAT ACCESS TO AND USE OF THIS SITE ARE SUBJECT TO THESE TERMS AND OTHER APPLICABLE LAWS. IF YOU DO
NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
Camaleon Systems Inc. (the "Company") provides this website (the "website" or "site") for its
customers and other permitted users. We've worked hard to give you the essential information here
and elsewhere on our site to get you comfortable with our site and to make it useful to you. These
Terms of Use (the "Terms of Use") help enable us to provide you with the products and services,
information, other content and features available through our site.
1. Scope of Access to Website and Related Rights: Subject to these Terms, the Company grants
you a limited, revocable right to access and use the site solely for your own use. You agree not to
modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to
discern the source code of this website. Further, you may not reproduce all or any portion of the
site. This website and its contents are the intellectual property of and are owned by the Company
and/or its licensors. The Company reserves the right to suspend or terminate use of this website or
its services by you or other users in its sole discretion.
2. User Account: Prior to placing an order from this site you may establish a user account;
however, this is not required to place your order. If you establish a user account it will be
accessible upon input of an authorized e-mail address and a designated password. You are responsible
for maintaining the security of any user passwords and other account details issued to you for use
with the site, and you are also responsible for the integrity and security of the operating
environment from which you access the site.
3. Children's Privacy and Site Age Limitations: This website is intended for use by persons
aged 13 or older, and by your use of this site you affirm that you are at least 13 years of age. In
addition, if you are under the age of 18, you are only permitted to use this website with the
consent of your parents or an adult guardian. The Company will not knowingly allow registration of
an account for any person that the Company believes to be younger than 13. We also do not collect
any personally identifiable information from any persons under the age of 13 and if we discover that
we have been provided any such information, we will delete this information from our records.
4. Pricing or Other Information Errors: Although the Company strives at all times to maintain
the accuracy of information maintained on this site, including pricing information and product
details, occasionally pricing or other information errors may occur on this site. In the event that
any Company product that is available through this site is mistakenly listed at an incorrect price
or with other incorrect information, the Company reserves the right to either refuse or cancel the
order or to charge you the correct price when you come to pick up your order.
5. Order Acceptance and Inability to Fulfill Orders:
5.1 Generally. If you select the appropriate option at the time you place your order, the
Company will send an order acknowledgment to your designated e-mail address once you have placed an
order with us. The Company reserves the right to refuse or cancel any orders for any reason
(including for pricing errors as noted above in Section 4), and whether or not the order has been
confirmed. Without limitation of the foregoing, the Company is not responsible for any inability to
fulfill orders. If your credit card has already been charged for the purchase and your order is
cancelled by the Company, we will issue a credit to your credit card account in the amount charged.
5.2 Abandoned Orders. If you place an order with us and fail to pick it up, the Company
reserves the right to charge you the amount due (including by charging your credit card, if
applicable). If you realize you cannot pick up the order, please contact the store that is
fulfilling the order as soon as possible to let them know you cannot pick up the order and to see
whether a charge may be avoided. Abandoned orders lead to higher food costs, which in turn requires
us to raise our prices. This policy is in place to help us manage food costs and keep our prices
low.
6. Text Messaging: Our site may offer you the opportunity to receive text messages, including
to participate in promotional programs that use text messaging. If you choose to participate in such
promotions, you should be aware that your carrier may charge you standard text messaging rates for
each message sent or received. You represent to us that you are the owner or authorized user of the
wireless device used to receive or send any text messages related to Company programs, products or
services.
7. Termination of Website Use: The Company may terminate your access to this website at any
time. In addition, your access rights to use this website may also be terminated if you fail to
comply with these Terms. You agree that the Company will not be liable to you or any third party for
any termination of your use of this website as a result of your failure to comply with these Terms.
If your use of our site is terminated for any reason, the provisions relating to Copyrights,
Trademark, Warranty Disclaimers, Limitations of Liability, Indemnification and Miscellaneous, shall
survive any such termination.
8. Website Warranty Disclaimers: THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS SITE OR THE USE THEREOF,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMPANY 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.
NEITHER THE COMPANY NOR ITS LICENSORS OR HOSTING SERVICES PROVIDERS MAKES ANY WARRANTIES OR
REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO
NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
9. Limitations of Liability: NEITHER THE COMPANY NOR ITS LICENSORS OR HOSTING SERVICES
PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS,
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COMPANY'S PRODUCTS, SERVICES OR THIS SITE,
THE PERFORMANCE OR USE OF THIS WEBSITE, OR ANY INFORMATION MADE AVAILABLE THROUGH THIS SITE, EVEN IF
THE COMPANY (OR ITS LICENSORS OR HOSTING SERVICES PROVIDERS) HAS BEEN ADVISED OF THE POSSIBILITY OF
ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Online Privacy Policy: We are diligent about protecting your privacy and that of other
users of this website and the use of this website is subject to our Privacy Policy, which you may
review by clicking here.
11. Copyright: The entire contents included in this site, including but not limited to text,
graphics or code is copyrighted under the United States and other copyright laws, and is the
property of the Company (or its licensors), with ALL RIGHTS RESERVED. You agree not to change or
delete any proprietary notices from materials downloaded or accessed from this site.
12. Trademarks: All trademarks, service marks and trade names and logos of the Company used
in this site are trademarks or registered trademarks of the Company. Other marks used on this site
that have been posted by the Company are the property of their respective owners and are used on
this website under permission.
13. Applicability of Terms and Changes: These Terms are applicable to you upon your accessing
the site and/or completing the registration or ordering process. These Terms of Use, or any part of
them, may be modified by the Company without notice at any time, for any reason; provided that if we
decide to modify these Terms of Use, we will note at the bottom of these Terms of Use the date of
the last update, which should alert you to changes in these Terms since your prior visit to this
website.
14. Indemnification: You agree to indemnify, defend, and hold harmless the Company, its
officers, directors, employees, agents, licensors and suppliers from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation
of these Terms, (ii) any activity related to your account (including negligent or wrongful conduct)
by you or any other person accessing the site using your user account, (iii) any content or other
materials provided or posted by you, or (iv) the violation by you of the rights (including
intellectual property rights) of any third party resulting from your use of the site.
15. Third-Party Links: In an attempt to provide increased value to our customers and other
site visitors, the Company may provide links to sites operated by third parties. However, even if
the third party is affiliated with the Company, the Company has no control over these linked sites,
all of which have separate terms and privacy practices, independent of the Company. These linked
sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the
Company seeks to protect the integrity of its web site and the links placed upon it and therefore
welcomes any feedback on not only its own site, but for sites it links to as well (including if a
specific link does not work).
16. Notice and Address: The Company may deliver notices to you concerning your activities on
this site by means of e-mail, a general notice on the site, or by other reliable method to the
address you have provided to the Company.
The Company's mailing address is as follows:
ADDRESS: 3033 Chimney Rock Rd Suite 519
CITY, STATE, ZIP: Houston, Texas 77056
PHONE: 888-664-1112
17. Miscellaneous: Your use of this site shall be governed in all respects by the laws of the
state in which the Company maintains its headquarters office, without regard to such state's choice
of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods.
Any cause of action or claim you may have with respect to the site must be commenced within one (1)
year after the claim or cause of action arises. The Company's failure to insist upon or enforce
strict performance of any provision of these Terms 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. The Company may assign its rights and duties under these Terms to any
party at any time without notice to you.