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PLEASE READ THESE “TERMS AND CONDITIONS” CAREFULLY. BY ACCESSING THEORIGINALCHOCOLATEBAR.COM, THECHOCOLATEBAR.MYBIGCOMMERCE.COM OR CHOCOLATEBARSHOP.COM WEBSITES (COLLECTIVELY, THE “WEBSITE”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU BY THE CANDY WRAPPERS, LLC OR ON BEHALF OF, ONE OF ITS SUBSIDIARIES OR AFFILIATES (COLLECTIVELY “THE CANDY WRAPPERS”). FOR THE AVOIDANCE OF DOUBT, NOTHING IN THESE TERMS AND CONDITIONS SHALL MODIFY, AMEND OR OTHERWISE, IN ANY MANNER, AFFECT ANY AGREEMENT FOR THE PROVISION OF GAS OR ELECTRIC SERVICE YOU HAVE ENTERED INTO WITH THE CANDY WRAPPERS. THE CANDY WRAPPERS RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE BY POSTING THE MODIFIED TERMS AND CONDITIONS ON THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS. YOU SHOULD PERIODICALLY VISIT THIS PAGE TO DETERMINE THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.
1. Copyrights and Trademarks

The Website and its content are the proprietary intellectual property of The Candy Wrappers. You are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in the information, services, processes or technology of The Candy Wrappers. All such rights are retained by The Candy Wrappers (and/or any third party owner of such rights).

The works of authorship contained in the Website, including but not limited to, all design, text, sound recordings and images (the “Protected Material”), are owned, except as otherwise expressly stated, by The Candy Wrappers. You agree not to copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, frame, store for subsequent use or otherwise use, the Protected Material, in whole or in part.

The names and logos owned by The Candy Wrappers as well as its product and service names, design marks and slogans are the trademarks or service marks of The Candy Wrappers. You agree not to copy, use, or otherwise exploit any trademark, service mark, intellectual property name or any mark of The Candy Wrappers or any third party utilized on the Website in any manner.

2. Links to Third Party Websites

The Website may incorporate links to other websites maintained by unaffiliated third parties. These websites are neither owned by, nor under the control of The Candy Wrappers. You agree not to hold The Candy Wrappers responsible for the contents of any third party website. We provide such links as a convenience to our Website users and the inclusion of any link does not imply our endorsement of a particular website or any association with its operators or owners.

3. Third Party Services

The Candy Wrappers does not endorse, warrant, or guarantee any product, information or service offered by a third party through the Website, and does not in any way monitor any contact or transaction between any user of the Website and any such third party provider.

4. Use of the Website

The information found on the Website may be used by you for your personal use only. You agree not to use the Website to attempt to gain unauthorized access to any servers controlled by The Candy Wrappers or any affiliate. You agree not to use the Website for any malicious purpose, which in The Candy Wrappers’ sole opinion, includes but is not limited to, attempting to interfere or disrupt the server or network which the Website is connected to. You also agree not to attempt to, or otherwise, access records of any other person contained in or via the Website.

5. Your Representations

You represent, warrant and covenant that:

  • (a) all information you enter into the Website related to the services will be accurate and complete;
  • (b) you will verify and remain solely responsible for all instructions and information entered into the Website;
  • (c) you will not upload, transmit, distribute or otherwise publish through the Website any materials that contain a virus, worm or other harmful component or that would cause the Website to malfunction or harm other users; and
  • (d) you will not decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software or other copyrighted or trademarked material, trade secrets or other proprietary information contained in the Website.

 

6. Privacy

The Candy Wrappers may maintain information about you and the Website on the servers, including but not limited to, your account information, your customer order information, and other data, and you agree to The Candy Wrappers’ use of your data.

For information about The Candy Wrappers’ privacy policies, please read The Candy Wrappers’ Privacy Policy (http://thechocolatebar.mybigcommerce.com/pages/Privacy-Policy.html). This policy explains how The Candy Wrappers treats your personal information when you use the Website. The Candy Wrappers may amend the Privacy Policy at any time.

7. Transmissions of Data.

You acknowledge that transmissions to and from the Website may be read or intercepted by others. You acknowledge that by submitting communications through the Website, no confidential, contractually implied or other relationship is created between you and The Candy Wrappers other than pursuant to these Terms and Conditions.

8. Potential Disruption of Service

Although The Candy Wrappers strives to maintain communication with its clients, access to the Website may from time to time be unavailable, delayed, limited or slowed due to a variety of reasons, including, but not limited to, hardware failure, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; overload of system capacities; damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters; interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor; governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever (collectively a “Potential Disruption of Service”). You agree not to hold The Candy Wrappers liable for any Potential Disruption of Service.

9. Discontinuance/Modification of Service

These Terms and Conditions shall remain in full force and effect unless terminated, suspended, or canceled by The Candy Wrappers, in The Candy Wrappers’ sole discretion.

The Candy Wrappers or its suppliers may discontinue or make changes to the information, products or services described herein at any time without prior notice to you. The Candy Wrappers does not undertake any obligation or responsibility to update or amend any information. The Candy Wrappers offers the Website solely as a convenience and The Candy Wrappers reserves the right to terminate any or all Website offerings or transmissions without prior notice to you. Furthermore, by offering the Website and information, products or services via the Website, no distribution or solicitation is made by The Candy Wrappers to any person to use the Website or such information, products or services in jurisdictions where the provision of the Website and such information, products or services is prohibited by law.

10. Disclaimer of Warranties

the website (including all information and materials contained on the website) is provided “as is with all faults” and “as available”. the candy wrappers does not provide any warranties, express or implied, or representations regarding the website. the candy wrappers hereby disclaims all warranties and representations of any kind with regard to the website, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any particular purpose. the candy wrappers does not warrant the accuracy, adequacy, usefulness or completeness of the information and materials contained on the website and you agree not to hold the candy wrappers liable for errors or omissions in the materials and information. furthermore, you agree to release the candy wrappers from liability for any delay, difficulty in use, computer viruses, malicious code, or other defect in the website, any incompatibility between the website and the user's files and the user's browser or other site accessing program, or any other problems. no license to the user is implied in these disclaimers. nothing herein shall be construed as limiting or reducing the candy wrappers’s responsibilities and obligations to clients in accordance with applicable laws and regulations.

11. Limitation of Liability

to the extent permitted by law you agree that, the candy wrappers will not be held liable to you, or any claim made by, through, or under you for, any damages, other than direct damages, suffered by you, including but not limited to (a) losses arising from the failure to receive any benefits; (b) consequential, incidental, special, punitive, or exemplary damages arising out of any use of, change, or inability to use the website; (c) losses arising from unauthorized access to or alteration of your transmissions or data; (d) losses arising from any reliance placed by you on the completeness, accuracy or existence of any information on the website; (e) losses arising from your failure to provide the candy wrappers with accurate account information; (f) losses arising from your failure to keep your password or account details secure and confidential; (g) losses arising from your inability to pay your invoice through the website; (h) loss of goodwill or business reputation; (i) the cost of procurement of substitute goods or services or other intangible loss, or (j) loss of information, programs or other data that result from access to, use of, or inability to use the website or due to any breach of security associated with the transmission of information through the internet, regardless of whether the candy wrappers has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.

12. Indemnification

You agree to defend, indemnify and hold harmless The Candy Wrappers, and its respective directors, officers, shareholders, employees and agents from and against any and all claims, actions, suits, demands or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from

  • (a) any misrepresentation made by you in connection with your use of the Website;
  • (b) any noncompliance by you with these Terms and Conditions; and
  • (c) claims brought by persons or entities other than the parties to this agreement arising from or related to your access and use of the Website, including the information obtained through the Website. The Candy Wrappers reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

 

13. Miscellaneous

Severability. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

Entire Agreement. These Terms and Conditions constitute the entire agreement between the parties with respect to your use of the Website and supersede all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties regarding the Website. These Terms and Conditions in no way change any agreement for the service of electricity and/or gas that was made between you and The Candy Wrappers.

Section Titles. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Waiver of Class Action. To the maximum extent permitted by applicable law, you expressly waive and disclaim any right to bring any claim in any and all forums as a class action. You agree not to serve as a class representative or a member of a class in any proceeding, litigation or otherwise adverse to The Candy Wrappers arising out of these Terms and Conditions or the Services Agreement if entered.

Choice of Law/Venue. the use of this website shall be governed in all respects in accordance with the laws of the state of texas without regard to the conflict or choice of law rules. federal and state courts located in the state of texas shall have exclusive jurisdiction over any dispute arising hereunder. you agree to submit to the personal and exclusive jurisdiction of the texas courts located in harris county.

No Waiver. The Candy Wrappers’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of any such right or provision.

Limitation of Actions. you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the website or these terms and conditions must be made no later than sixty (60) days after you became aware of such claim or cause of action or be forever barred.

Notices. You agree that The Candy Wrappers may provide you with notices, including any regarding changes to these Terms and Conditions, by email, regular mail, or postings on the Website.

Cookies Clause. The Website may track activity by “cookies.” Cookies are small text files that a website transfers to an individual’s hard drive for record keeping purposes. Cookies allow the website to track site and user activity. The use of cookies is an industry standard utilized by most major websites. These cookies allow The Candy Wrappers to more effectively tailor the Website to Website visitors’ needs.

Contact. If you have any questions about The Candy Wrappers or our Privacy Policy, you may email us at customerservice@theoriginalchocolatebar.com.