Last Updated January 2007
1. THIS IS AN AGREEMENT BETWEEN YOU AND CHOCOLATE DELECTABLES
This is an agreement between you and Chocolate Delectables. This agreement governs your use of the Chocolate Delectables Web site or Web page operated by Chocolate Delectables. You represent that you are at least 18 years of age and have attained the age of majority in the province, state, or country in which you reside, and any information that you submit is correct.
CHOCOLATE DELECTABLES OFFERS THE CHOCOLATE DELECTABLES WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE CHOCOLATE DELECTABLES WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW CHOCOLATE DELECTABLES MAY MODIFY THIS AGREEMENT
Chocolate Delectables reserves the right to change the terms, conditions, and notices under which it offers the Chocolate Delectables Web site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the Chocolate Delectables Web Site. Your continued use of the Chocolate Delectables Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE CHOCOLATE DELECTABLES WEB SITE
The Chocolate Delectables Web Site is only for your personal use. You will not use the Chocolate Delectables Web Site for commercial purposes. You will not use the Chocolate Delectables Web Site in any way that is unlawful, or harms Chocolate Delectables, its affiliates, resellers, distributors, service providers and/or suppliers or any customer of Chocolate Delectables, as determined in Chocolate Delectables's sole discretion. Chocolate Delectables may tell you about certain specific harmful sues in a code of conduct or other notices available through a Chocolate Delectables Web Site, but has no obligation to do so. You may not use the Chocolate Delectables Web Site in any way that breaches any code of conduct, policy or other notice applicable to the Chocolate Delectables Web Site. Without limiting the generality of this section, you may not use the Chocolate Delectables Web Site in any manner that could damage, disable, overburden, or impair the Chocolate Delectables Web Site (or the network(s) connected to the Chocolate Delectables Web Site) or interfere with any other party's use and enjoyment of the Chocolate Delectables Web Site.
4. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 3, you will not use the Chocolate Delectables Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Chocolate Delectables Web Site in any way that violates the Chocolate Delectables Anti-Spam Policy. A Breach of any part of the Anti-Spam Policy is a breach of this Agreement. Chocolate Delectables may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Chocolate Delectables Web Site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Chocolate Delectables Web Site even if such e-mail does not violate the Anti-Spam Policy.
5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Chocolate Delectables related to the Chocolate Delectables Web Site (a "Submission"), you grant Chocolate Delectables permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Chocolate Delectables Web Site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Chocolate Delectables will not pay you for your Submission. Chocolate Delectables may remove your Submission at any time. For each Submission, you represent that you have all right necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Chocolate Delectables may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Chocolate Delectables or any customer of the Chocolate Delectables.
6. Electronic Books, Printed Materials and Other Information
Your use of any electronic books, printed materials, and other information associated with the Chocolate Delectables Web Site, will be governed by the terms of the copy right laws of the United States. Such materials are protected by copyright and other intellectual property laws and treaties. Chocolate Delectables or its suppliers own the title, copyright, and other intellectual property rights and is not sold. You will not disassemble, decompile or reverse any of the materials, except and only to the extent that such activity is expressly permitted by applicable law.
7. Information Available From The Chocolate Delectables Web Site
Chocolate Delectables and its suppliers do not warrant or guarantee the accuracy or timeliness of any informaton available from the Chocolate Delectables Web Site, even if such information appears in any e-mail or other alerts available through the Chocolate Delectables Web Site. Chocolate Delectables and its suppliers do not authorize the use of information available from the Chocolate Delectables Web Site for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
8. Chocolate Delectables Makes No Warranty
Chocolate Delectables provides the Chocolate Delectables Web Site "As Is," "With all faults" and "As available," and teh entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the Chocolate Delectables parties make no representations, warranties or conditions, express or implied. The Chocolate Delectables parties disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantablilty, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the Chocolate Delectables Web Site will be uninterrupted or error-free. There are no warranties that extend beyond the face of this agreement.
9. Liability Limitation; Your Exclusive Remedy
In no event will any Chocolate Delectables party be liable for any damages, including without limitation any indriect, consequentioal, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the Chocolate Delectables Web Site, even if such Chocolate Delectables party has been advised of the possiblility of such damages, or the use of any products bought through the Chocolate Delectables or the Chocolate Delectables Web Site or through any of the Chocolate Delectables suppliers. The exclusion of damages under section (9) is independent of your exclusive remedy and survives in teh event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) neglegence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by appicable law. If you are dissatisfied with the Chocolate Delectables Web Site, you do not agree with any part of this agreement, or you have any other dispute or claim with or against any Chocolte Delectables party with respect to this agreement or the Chocolate Delectables Web Site, then your sole and exclusive remedy is to discontinue using the Chocolate Delectables Web Site.
10. Changes To The Chocolate Delectables Web Site; Additional Liability Limitation
The Chocolate Delectables parties may change the Chocolate Delectables Web Site or delete features in any way, at any time and for any reason. As you use the Chocolate Delectables Web Site, you sould expect to receive, access or use information, materials, graphics, data and content (collectively, "Content") originated by Chocolate Delectables and persons other than Chocolate Delectables (any such person is referred to as a "Third Party". Without limiting the generality of sections 8 and 9, you acknowledge and agree that the Chocolate Delectables parties are not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, treatening, offensive, defamatory,, tortious, or illegal content,, or (2) any third party conduct, transmission or data. In addition, without limiting the generality of sections 8 and 9, you ackknowledge and agree that Chocolate Delectables is not responsible or liable for (1) any viruses orother disabling features that affect your access to or use of the Chocolate Delectables Web Site, (2) any incompatibility between the Chocolate Delectables Web Site and other Web Sites, services software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Chocolate Delectables Web Site in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your sue of any services available from third parties though links contained on the Chocolate Delectables Web Site. The limitations, exclusions and disclaimers in sections 8, 9, and 10 of this agreement apply to the maxinum extent permitted by applicable law, and are not intended to deprive you of any mandatory protection provided to you under applicable law.
11. Termination; Access Restriction
Chocolate Delectables may terminate this agreement, or terminate or suspend your access to the Chocolate Delectables Web Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Chocolate Delectables Web Site will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE CHOCOLATE DELECTABLES WEB SITE MAY NOT BE RETRIEVED LATER.