We reserve the right at any time, with or without cause, to change the terms and conditions of this Agreement. Any changes we make will be effective immediately upon our making such changes available on the website or otherwise providing notice thereof.You agree that your continued use of the website after such changes constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
PERMITTED USE OF SERVICES AND INFORMATION
The services made available on, by, or through the website, as well as any information provided on, by or through the website, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links, and references (collectively, the “Information”), are provided for personal use only. No Information or any other CocoTerramaterials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, without the written consent of CocoTerra or as expressly permitted herein or in the website. CocoTerrapermits you to view and print a reasonable number of copies of webpages located on the website for your own personal use, but not for any for-profit or commercial purpose or for resale, provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution toCocoTerra, (c) the material is printed in its entirety without modification, reformatting, or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise CocoTerra promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of CocoTerra or others.
We reserve the right to decline to provide services to any person for any or no reason. If and when you register with or provide information to CocoTerra, you agree to (a) provide accurate, current, and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate,
current and complete. You agree to keep your registration information up to date at all times. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the website, services, and/or Information.
You agree that we may send you communications regarding your use of the website and certain products, features, or services you may be interested in. To the extent you have opted to receive communications and newsletters, you hereby authorizeCocoTerra to deliver such communications to you via email.
The website is owned and operated by CocoTerra and its licensors, and the Information, and any intellectual property and other rights relating thereto, are and will remain the property of CocoTerra and its licensors and suppliers. The Information may be protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are
valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the website or Information without our prior written permission. The Information and website may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by CocoTerra or, if so indicated in writing by CocoTerra, its licensors or suppliers. Use of the website or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the website or Information.
The trademarks, logos, and service marks displayed on the website, including, but not limited to,COCOTERRA™, CHOCOLATE FROM THE GROUND UP™, and MAGIC IN THE MAKING™,are trademarks of CocoTerra, CocoTerra licensors and suppliers, and/or others. Nothing contained in this Agreement or the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark(s) without the express written permission of CocoTerra, CocoTerralicensors or suppliers, or the third party owner of any such trademark, except as set forth in the following paragraph.
NO USE BY CHILDREN UNDER 13
You hereby affirm that you are over the age of 13, as the website is not intended for children under 13. If you are under 13 years of age, then you may not use the website. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
TERM & TERMINATION
This Agreement is effective from the date that you first access the website or submit any information to CocoTerra, whichever is earlier, and shall remain effective until terminated in accordance with its terms. CocoTerra may immediately terminate this Agreement, and/or your access to and use of the website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. CocoTerra may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the website shall immediately cease, and you shall destroy all copies of information that you have obtained from the website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all CocoTerrarights of ownership shall survive any termination. We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate CocoTerrato maintain and support the website, or any part or portion thereof, during the term of this Agreement.
THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION, IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND THE WEBSITE ARE CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANYPROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND INFORMATION AND YOUR RELIANCE THEREON.
LIMITATION OF LIABILITY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER COCOTERRA NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE WEBSITE, THE INFORMATION, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE, AS APPLICABLE. NEITHER COCOTERRA NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to fully indemnify, defend, and hold CocoTerra, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, 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; (b) your activities in connection with the website; (c) your negligence or willful misconduct; (d) any service or product offered by you in connection with or related to your use of the website; and/or (e) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities.
CocoTerra makes no representation that the website operates (or is legally permitted to operate) in all geographic areas or that the website is appropriate or available for use in other locations. Accessing the website from territories where the website or any content or functionality of the website or portion thereof is illegal is expressly prohibited. If you choose to access the website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. The website is operated from the United States. If you are located outside of the United States and choose to use the websiteor provide your information to us, yourinformation will be transferred, processed, and stored in the United States. U.S. privacy laws may not be as protective as those in your jurisdiction. Your agreement to the terms of this Agreement followed by your submission of your information in connection with the website represents your agreement to this practice. If you do not want yourinformation transferred to or processed or stored in the United States, you should not use the website.
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 enforceability of any remaining provisions. This Agreement may not be changed, waived or modified except by CocoTerra as provided herein or otherwise by written instrument signed by CocoTerra. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with CocoTerra’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. CocoTerra may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder 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.
THIS WEBSITE IS OPERATED BY
Effective June 12, 2017