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.
Copyright
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 Newtown Chocolate Shoppe, LLC.
The collective work includes works that are licensed to Newtown Chocolate
Shoppe, LLC. Copyright 2003, Newtown Chocolate Shoppe, LLC ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of
this site for the sole purpose of placing an order with Newtown Chocolate
Shoppe, LLC or purchasing Newtown Chocolate Shoppe, LLC 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 Newtown Chocolate Shoppe, LLC or to purchase Newtown
Chocolate Shoppe, LLC 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 Newtown Chocolate Shoppe, LLC. You
further agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Newtown Chocolate Shoppe, LLC
used in the site are trademarks or registered trademarks of Newtown Chocolate
Shoppe, LLC
Warranty Disclaimer
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, Newtown Chocolate
Shoppe, LLC disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a particular
purpose and non-infringement. Newtown Chocolate Shoppe, LLC 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. Newtown
Chocolate Shoppe, LLC 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
Newtown Chocolate Shoppe, LLC 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 Newtown
Chocolate Shoppe, LLC 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.
Typographical Errors
In the event that a Newtown Chocolate Shoppe, LLC product is mistakenly listed
at an incorrect price, Newtown Chocolate Shoppe, LLC reserves the right to
refuse or cancel any orders placed for product listed at the incorrect price. Newtown
Chocolate Shoppe, LLC 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, Newtown Chocolate Shoppe, LLC shall issue a credit to your credit
card account in the amount of the incorrect price.
Term; Termination
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 Newtown Chocolate Shoppe,
LLC 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.
Notice
Newtown Chocolate Shoppe, LLC 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 Newtown Chocolate Shoppe, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of Pennsylvania, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of Newtown Chocolate Shoppe, LLC products) shall be
in the state or federal courts located in Los Angeles County, California. Any
cause of action or claim you may have with respect to the site (including but
not limited to the purchase of Newtown Chocolate Shoppe, LLC products) must be
commenced within one (1) year after the claim or cause of action arises. Newtown
Chocolate Shoppe, LLC's failure to insist upon or enforce strict performance of
any provision of these terms and conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any of these terms and conditions. Newtown
Chocolate Shoppe, LLC may assign its rights and duties under this Agreement to
any party at any time without notice to you.
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 Newtown Chocolate Shoppe, LLC 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.
Participation Disclaimer
Newtown Chocolate Shoppe, LLC 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, Newtown Chocolate Shoppe, LLC 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, Newtown Chocolate Shoppe, LLC 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 Newtown Chocolate Shoppe, LLC in its
sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Newtown Chocolate Shoppe, LLC,
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.
Third-Party Links
In an attempt to provide increased value to our visitors, Newtown Chocolate
Shoppe, LLC may link to sites operated by third parties. However, even if the
third party is affiliated with Newtown Chocolate Shoppe, LLC, Newtown Chocolate
Shoppe, LLC has no control over these linked sites, all of which have separate
privacy and data collection practices, independent of Newtown Chocolate Shoppe,
LLC. These linked sites are only for your convenience and therefore you access
them at your own risk. Nonetheless, Newtown Chocolate Shoppe, LLC 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).