Sir Chocolate, LLC (“we” ansd “us”) provides this web site, and all site-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between Sir Chocolate, LLC and you (“you”) with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement.
We reserve the right at any time to:
Change the terms and conditions of this Agreement; and change the Site, including eliminating or discontinuing any content on or feature of the Site.
Any changes to the terms and conditions of this Agreement will be effective immediately upon notice to you, whether provided by a posting on the Site, by electronic mail, or other means. Your continued use of the Site after such notice will be deemed acceptance of such changes. Any changes to the Site shall be effective upon implementation of such change. Except as otherwise provided, any new content on or features of the Site shall be subject to this Agreement. Sir Chocolate, LLC reserves to right to refuse service, terminate accounts, and/or cancel orders at its discretion for any reason, including, without limitation, if Sir Chocolate, LLC believes that customer conduct violates applicable law or is harmful to the interests of Sir Chocolate, LLC and its affiliates. Please bookmark this page and review it periodically to make yourself familiar with the most recent version.
Monitoring The Site
We have no obligation to monitor the Site. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials from any portion of the Site, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms Of Service.
Ownership and Restrictions on Use
©2003 Sir Chocolate, LLC. All Rights Reserved. The Site, including any and all related software, data, text, graphics, images, audio and video clips, logos, icons, and links (collectively, the “Materials”), is owned and operated by Sir Chocolate, LLC in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Sir Chocolate, LLC and its licencors and suppliers. The Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as otherwise expressly permitted in this Agreement, you may not copy, reproduce, republish, upload, post, transmit, or distribute Materials or other content or information available on or through the Site in any way without our prior written permission, except you may download and view one copy of such Materials on any single computer for your personal, non-commercial home use, provided you keep intact, without change, each such Material and all copyright and other proprietary notices in or on such Material. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
Code of Conduct
While using the Site (including participating in any Site-related services), you agree not to:
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to scrape, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; Attempt to gain unauthorized access to other computer systems through the Site;
Use the Site or Materials for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; © any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
Remove any copyright, trademark, or other proprietary rights notices contained in the Site or Materials;
“Frame” or “mirror” any part of the Site without our prior written authorization;
Harvest or collect information about other Site users without their express consent.
While using the Site and/or Materials, you agree to comply with all applicable laws, rules, and regulations.
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to Sir Chocolate, LLC is done so at your own risk.
Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line. Sir Chocolate, LLC shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
The Site contains links to other Internet web sites, which may or may not be owned or operated by Sir Chocolate, LLC. Sir Chocolate, LLC has not reviewed all of the web sites that are linked to the Site, and Sir Chocolate, LLC may not have control over such sites. Unless otherwise explicitly stated, Sir Chocolate, LLC is not responsible for the content of such web sites, or the privacy or other practices of such sites, and the fact that Sir Chocolate, LLC offers such links does not indicate any approval or endorsement of any material contained on any linked site. Sir Chocolate, LLC is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of service and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Sir Chocolate, LLC, Sir Chocolate, LLC’s licencors and suppliers, and others. The Trademarks owned by Sir Chocolate, LLC, whether registered or unregistered, may not be used in connection with any product or service that is not Sir Chocolate, LLC’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages Sir Chocolate, LLC. Unless otherwise expressly granted in this Agreement, nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Sir Chocolate, LLC, Sir Chocolate, LLC’s licencors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Sir Chocolate, LLC will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Unless otherwise specified, the Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Unless provided otherwise in the applicable official rules, participation in any Contest is limited to individuals who are legal residents of one of the fifty (50) United States or the District of Columbia (specifically excluding Puerto Rico, Guam, and all other U.S. and foreign possessions and territories). We reserve the right to limit the availability of the Site (including the provision of any service or other product described thereon) to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. Void outside of the eligibility area and where otherwise prohibited by law.
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site and any licenses granted herein shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
The site, the materials on the site, and any product or service obtained through the site are provided “as is” and without warranties of any kind, either express, implied, or statutory. To the fullest extent permissible pursuant to applicable law, Sir Chocolate, LLC and its affiliates, licencors, suppliers, advertisers, sponsors, and agents disclaim all warranties, including, without limitation, implied warranties of title, non-infringement, accuracy, merchant ability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance, or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Sir Chocolate, LLC and its affiliates, licencors, suppliers, advertisers, sponsors, and agents do not warrant that your use of the site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site or the server (s) on which the site is hosted is free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement of Sir Chocolate, LLC or its affiliates, licencors, suppliers, advertisers, sponsors, agents, or other Site users, whether made on the site or otherwise, shall create any warranty. All activities undertaken by you in connection with the Site, and your use of the Site and any materials provided through the site are entirely at your own initiative and risk.
Limitation of Liability
Neither Sir Chocolate, LLC nor any of our affiliates, licencors, suppliers, advertisers or sponsors, nor our or their directors, officers, employees, consultants, agents, or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, damages for loss of business, loss of data, or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site and/or materials contained on the site, any linked site or any activity, product or service made available through the site. Your sole remedy for dissatisfaction with the site, materials, or any linked site is to stop using the site, materials, or linked site, as applicable. Sir Chocolate, LLC’s maximum liability to you or any third party for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise, shall be $55.00.
You agree to indemnify, defend, and hold Sir Chocolate, LLC, our affiliates, licencors, suppliers, advertisers, and sponsors, and our and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any materials you submit to us or transmit to the Site, or to other web sites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or your activities in connection with the Site and any Site-related services.
This Agreement is governed by and shall be construed in accordance with the laws of the State of Colorado, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Arapahoe, Colorado, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforce-ability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable, or sub-licensable by you except with Sir Chocolate, LLC’s prior written consent. No waiver by either party of any breach or default here-under shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
When you visit Sir Chocolate, LLC or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Sir Chocolate, LLC graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Sir Chocolate, LLC. Sir Chocolate, LLC’s trade dress may not be used in connection with any product or service that is not Sir Chocolate, LLC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sir Chocolate, LLC. All other trademarks not owned by Sir Chocolate, LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sir Chocolate, LLC.
License and Sire Access
Sir Chocolate, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Sir Chocolate, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sir Chocolate, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sir Chocolate, LLC and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Sir Chocolate, LLC’s name or trademarks without the express written consent of Sir Chocolate, LLC. Any unauthorized use terminates the permission or license granted by Sir Chocolate, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Sir Chocolate, LLC so long as the link does not portray Sir Chocolate, LLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Sir Chocolate, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
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. Sir Chocolate, LLC does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Sir Chocolate, LLC only with involvement of a parent or guardian. Sir Chocolate, LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and other content
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Sir Chocolate, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Sir Chocolate, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Sir Chocolate, LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sir Chocolate, LLC or its affiliates for all claims resulting from content you supply. Sir Chocolate, LLC has the right but not the obligation to monitor and edit or remove any activity or content. Sir Chocolate, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
Sir Chocolate, LLC and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward your concerns to our main office for review. Sir Chocolate, LLC 6950 South Tucson Way. Ste Q Centennial, Colorado 80112.
Risk of Loss
All items purchased from Sir Chocolate, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Sir Chocolate, LLC and its affiliates attempt to be as accurate as possible. However, Sir Chocolate, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Sir Chocolate, LLC itself is not as described, your sole remedy is to return it in unused condition.
Sir Chocolate, LLC may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Sir Chocolate, LLC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
By visiting Sir Chocolate, LLC, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Sir Chocolate, LLC or its affiliates.
Any dispute relating in any way to your visit to Sir Chocolate, LLC or to products you purchase through Sir Chocolate, LLC shall be submitted to confidential arbitration in Denver , Colorado, except that, to the extent you have in any manner violated or threatened to violate Sir Chocolate, LLC’s intellectual property rights, Sir Chocolate, LLC may seek injunction or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modifications, and Sever-ability