TERMS & CONDITIONS
Terms & Conditions
- PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of DAM Good Chocolate. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with DAM Good Chocolate or purchasing DAM Good Chocolate products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with DAM Good Chocolate or to purchase DAM Good Chocolate products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by DAM Good Chocolate. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of DAM Good Chocolate used in the site are trademarks or registered trademarks of DAM Good Chocolate.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, DAM Good Chocolate disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. DAM Good Chocolate 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. DAM Good Chocolate does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
DAM Good Chocolate shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if DAM Good Chocolate has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a DAM Good Chocolate product is mistakenly listed at an incorrect price, DAM Good Chocolate reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. DAM Good Chocolate reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, DAM Good Chocolate shall issue a credit to your credit card account in the amount of the incorrect price.
The merchandise and prices available at sanderscandy.com do not always reflect the merchandise and prices you might find in one of our stores. This is due to differences in operational procedures and inventory availability. Merchandise, service and shipping costs displayed on this website should only be used to determine pricing for orders placed via sanderscandy.com.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by DAM Good Chocolate without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
DAM Good Chocolate may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to DAM Good Chocolate.
These terms and conditions are governed by the laws of the State of Florida, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating to the use of this website that are not arbitrated shall be resolved exclusively in the State or Federal Courts located in the State of Florida, and you and DAM Good Chocolate both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this website is made available only to provide information about DAM Good Chocolate and its products and services. DAM Good Chocolate controls and operates this website from Orlando, FL, USA, and makes no representation or warranty that materials in the Site are appropriate or available for use in any other local. If you use this website from elsewhere, you are responsible for compliance with all applicable local laws.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a DAM Good Chocolate or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
DAM Good Chocolate does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, DAM Good Chocolate is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, DAM Good Chocolate reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to DAM Good Chocolate in its sole discretion.
You agree to indemnify, defend, and hold harmless DAM Good Chocolate, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, DAM Good Chocolate may link to sites operated by third parties. However, even if the third party is affiliated with DAM Good Chocolate, DAM Good Chocolate has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DAM Good Chocolate. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, DAM Good Chocolate seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).