Welcome to thechocolatebarusa.com’s website (“Site”). Please review the following terms and conditions that govern your use of our Site (the “Agreement”). We may, without prior notice and at any time, change the terms that govern your use of our Site. Your use of our Site following any such changes constitutes your agreement to follow and be bound by the terms as changed.
SITE CONTENTS & USE
Unless otherwise noted, all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by thechocolatebarusa.com, Inc. and its subsidiaries and/or affiliates (collectively “The Chocolate Bar”). The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
As a condition of your use of this Site, you warrant to The Chocolate Bar that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
The Chocolate Bar reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that The Chocolate Bar is not responsible for third party access to your account. The Chocolate Bar reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
RIGHT TO CHANGE SITE
The Chocolate Bar may, at any time: modify or discontinue all or any part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. You agree we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
All comments, feedback, notes, messages, ideas, suggestions or other communications submitted or offered to The Chocolate Bar through this Site or offered in connection with your use of this Site whether disclosed online, by email, by post mail or otherwise (collectively, “Comments”) shall be and remain the exclusive property of The Chocolate Bar. Your submission of any such Comments shall constitute an assignment to The Chocolate Bar of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. The Chocolate Bar will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us. The Chocolate Bar has the right but not the obligation to monitor and edit or remove any Comments. You agree your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead The Chocolate Bar or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. The Chocolate Bar takes no responsibility and assumes no liability for any Comments posted by you or any third party.
AVAILABILITY, ERRORS & INACURRACIES
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Products displayed may be out-of-stock or discontinued, and prices are subject to change. We apologize for any inconvenience this may cause you. All sales are subject to review and not final until shipped.
The Chocolate Bar strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, The Chocolate Bar cannot guarantee that your monitor’s display of any color will be accurate. And we will not be responsible for any returns or whatever else may come of color errors.
RISK OF LOSS
The risk of loss and title to products purchased on the Site pass to you upon The Chocolate Bar’s delivery to the carrier.
LINKS TO OTHER WEBSITES & SERVICES
The Site may contain links to websites of third parties, outside services and resources, the availability and content of which The Chocolate Bar does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. The Chocolate Bar has no responsibility for the linked sites nor does linking constitute an endorsement of any kind. Links are provided solely for the convenience and information of the Site’s users and your use of third party sites is at your own risk.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CHOCOLATE BAR EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE SITE, ALTHOUGH THE CHOCOLATE BAR MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. THE CHOCOLATE BAR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
As a condition of your use of the Site, you agree to defend, indemnify and hold The Chocolate Bar, and its respective employees, directors, officers, agents, vendors and suppliers harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site including without limitation any Comments submitted by you and/or your breach of any representation, warranty, or other provision of the Agreement.
This Site is operated by The Chocolate Bar from its offices in Brooklyn, New York. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of New York, Kings Count.
You may terminate this Agreement at any time. The Chocolate Bar also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.