Effective Date: This Terms of Use Agreement was last updated on Feb. 6, 2008.
Terms of Use (TOU)
Cocoa Delices Chocolaterie Inc. and through its website CocoaDelices.com, is providing Member with an online shopping experience. Through its web site, Cocoa Delices Chocolaterie Inc. may provide you with access to a variety of resources, including but not limited to information on, and the ability to purchase, various products or services (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new web pages, are subject to the TOU. This Terms of Use Agreement sets forth the standards of use of the Cocoa Delices Chocolaterie Inc Online Service. By using the cocoadelices.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.
Modifications and Interruption to Service and Agreements
Cocoa Delices Chocolaterie Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. Cocoa Delices Chocolaterie Inc. shall not be liable to Member or any third party should Cocoa Delices Chocolaterie Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Cocoa Delices Chocolaterie Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Cocoa Delices Chocolaterie Inc. reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the cocoadelices.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Use Limitations
No one may modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, photos, data, products or services obtained from the Services, without the prior written consent of Cocoa Delices Chocolaterie Inc. in each instance.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that violates any applicable laws or regulations, or that is prohibited by the TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any server that hosts the Cocoadelices.com web sites, or the network(s) connected to any such server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to other accounts or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Cocoa Delices Chocolaterie Inc. reserves the right at all times to disclose any information as FCL deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cocoa Delices Chocolaterie Inc. sole discretion.
User Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also may be asked to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Cocoa Delices Chocolaterie Inc. immediately of any unauthorized use of your account or any other breach of security. Cocoa Delices Chocolaterie Inc will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Cocoa Delices Chocolaterie Inc or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder
Disclaimer of Warranties
The site is provided by Cocoa Delices Chocolaterie Inc on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Cocoa Delices Chocolaterie Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Cocoa Delices Chocolaterie Inc. shall have no liability for any interruptions in the use of this Website. Cocoa Delices Chocolaterie Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
COCOA DELICES CHOCOLATERIE INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR COACOA DELICES CHOCOLATERIE INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COCOA DELICES CHOCOLATERIE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE. THE INFORMATION PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THIS SITE. COCOA DELICES CHOCOLATERIE INC. AND/OR ITS AGENTS MAY MAKE CHANGES TO THE INFORMATION CONTAINED IN THIS SITE AT ANY TIME.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review such privacy policies of third-parties' sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Cocoa Delices Chocolaterie Inc. tries to ensure that the information on this website is accurate, we make no representations or warranties whatsoever as to the accuracy or reliability of any information provided on this website.
Cocoa Delices Chocolaterie Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts of the Province of Quebec, Canada
Our website is operated and provided in the province of Quebec Canada. AS SUCH, WE ARE SUBJECT TO THE LAWS OF Canada, AND SUCH LAWS WILL GOVERN THESE TERMS OF USE, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW RULES. WE MAKE NO REPRESENTATION THAT OUR WEBSITE OR OTHER SERVICES ARE APPROPRIATE, LEGAL OR AVAILABLE FOR USE IN OTHER LOCATIONS. ACCORDINGLY, IF YOU CHOOSE TO ACCESS OUR SITE YOU AGREE TO DO SO SUBJECT TO THE INTERNAL LAWS OF THE PROVINCE OF QUEBEC, CANADA.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable Province, state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
Cocoa Delices and www.cocoadelices.com (is/are) trademarks or service marks of Cocoa Delices Chocolaterie Inc.
Any rights not expressly granted herein are reserved.
All content included or available on this site, including site design, graphics, interfaces, and the selection and arrangements are protected by Canadian and United States and other copyright laws, with all rights reserved, or is the property of Cocoa Delices Chocolaterie Inc. and/or third parties protected by intellectual property rights. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the Web Site are copyright ©2008 Cocoa Delices Chocolaterie Inc. Permission is granted to view and print materials from Cocoa Delices Chocolaterie Inc for the non-commercial purpose of viewing, reading and retaining for reference. Any other use of materials on the website, including modification, distribution and re-distribution, printing, copying, reproduction, retransmission or modification of information or materials on this site, whether in electronic or hard copy form and any form of data extraction or data mining, or other commercial exploitation of any kind, without the express prior written permission of Cocoa Delices Chocolaterie Inc for purposes other than those noted above, is strictly prohibited.
Members agree that they will not use any robot, spider, or other automatic device, or manual process to copy our web pages or the content contained therein without prior written permission of an authorized officer of Cocoa Delices Chocolaterie Inc. Cocoa Delices™ and cocoadelices.com™ are proprietary marks of Cocoa Delices Chocolaterie Inc., whose trademarks may not be used in connection with any product or service that is not provided by Cocoa Delices Chocolaterie Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cocoa Delices Chocolaterie Inc.
COPYRIGHT NOTICE
Notification of Claimed Copyright Infringement
Cocoa Delices Chocolaterie Inc's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By Mail
Cocoa Delices Chocolaterie Inc.
11629 Ave. Des Violettes
Montreal Nord h2G 4N1 QUEBEC
CANADA
By Email: info@cocoadelices.com
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Cocoa Delices Chocolaterie Inc, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
Materials Provided to Cocoa Delices Chocolaterie Inc.
Cocoa Delices Chocolaterie Inc. does not claim ownership of the information you provide to us (including feedback and suggestions) or that you input or submit to any Services (collectively "Submissions"). However, by providing Submissions you are granting Cocoa Delices Chocolaterie Inc a royalty-free, sub-licensable right to use your Submissions as Cocoa Delices Chocolaterie Inc sees fit in connection with the operation of Cocoa Delices Chocolaterie Inc.'s business and the modification or development of products or services.
