Kaap's Old World Chocolates Website Terms
ELECTRONIC COMMUNICATIONS
When you visit the Kaaps Old World Chocolates, Inc website
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.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of Kaaps Old World Chocolates, Inc.
and/or its content suppliers and protected by United States and
international copyright laws. The compilation of all content on
this site is the exclusive property of Kaaps Old World Chocolates,
Inc. and protected by U.S. and international copyright laws. All
software used on this site is the property of Kaaps Old World Chocolates,
Inc. and/or its software suppliers and protected by United States
and international copyright laws.
TRADEMARKS
Kaaps Old World Chocolates, Inc. and this website's graphics,
logos, page headers, button icons, scripts, and service names are
trademarks or trade dress of Kaaps Old World Chocolates, Inc or
its subsidiaries. Kaaps Old World Chocolates, Inc trademarks and
trade dress may not be used in connection with any product or service
that is not Kaaps Old World Chocolates, Inc, in any manner that
is likely to cause confusion among customers, or in any manner that
disparages or discredits Kaaps Old World Chocolates, Inc. All other
trademarks not owned by Kaaps Old World Chocolates, Inc or its subsidiaries
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 Kaaps Old World Chocolates, Inc its subsidiaries.
LICENSE AND SITE ACCESS
Kaaps Old World Chocolates, Inc and this website 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 Kaaps Old
World Chocolates, Inc . 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 Kaaps
Old World Chocolates, Inc. 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 Kaaps
Old World Chocolates, Inc and our affiliates without express written
consent. You may not use any meta tags or any other "hidden
text" utilizing Kaaps Old World Chocolates, Inc or this website's
name or trademarks without the express written consent of Kaaps
Old World Chocolates, Inc. Any unauthorized use terminates the permission
or license granted by Kaaps Old World Chocolates, Inc. You are granted
a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of this website so long as the link does
not portray Kaaps Old World Chocolates, Inc., or their products or services in
a false, misleading, derogatory, or otherwise offensive matter.
You may not use any Kaaps Old World Chocolates, Inc. logo or other proprietary
graphic or trademark as part of the link without our express written
permission.
YOUR ACCOUNT
This website 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 this website only with involvement
of a parent or guardian. This website and its affiliates
reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion. 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Kaap's Old World Chocolates, Inc. ON AN "AS IS"
AND "AS AVAILABLE" BASIS. Kaap's Old World Chocolates, Inc. MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, Kaap's Old World Chocolates, Inc. DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Kaap's Old World Chocolates, Inc. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
Kaap's Old World Chocolates, Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Kaap's Old World Chocolates, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS. APPLICABLE LAW By visiting this website, you agree
that the laws of the state of Wisconsin, 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 Kaap's Old World Chocolates, Inc. or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to this website
or to products you purchase through this website shall be
submitted to confidential arbitration in Wisconsin, except that,
to the extent you have in any manner violated or threatened to violate
Kaap's Old World Chocolates, Inc. ’s intellectual property rights, Kaap's Old World Chocolates, Inc.
may seek injunctive or other appropriate relief in any state or
federal court in the state of Wisconsin, 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, MODIFICATION, AND SEVERABILITY
These policies govern your visit to this website. We reserve
the right to make changes to our site, policies, and these Conditions
of Use at any time. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of
any remaining condition. |