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This website is owned and operated by acacaoaffair LLC and its affiliates and subsidiaries (collectively, “acacaoaffair,” “we” or “us”). Please read these terms and conditions of use (the “Terms”) carefully before using acacaoaffair’s website (the “Website”). By accessing or using the Website, you accept and agree to be bound by the Terms.
TERMS SUBJECT TO CHANGE
acacaoaffair reserves the right to modify or update these Terms from time to time with or without notice to you, so we invite you to review these Terms periodically. Such changes are effective immediately upon being posted on the Website. You are deemed to have received notice of such changes at the time they are posted, and you are bound by such changes to these Terms. acacaoaffair reserves the right to revoke any or all access and use authorizations granted to you in regard to the Website.
You must be at least 18 years old to use the Website.
You may download material from the Website only for your own personal, non-commercial use. While we encourage you to download and print information to help you shop for our products, unless otherwise specified, no material on the Website, including but not limited to the content of the Website, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold or used to create works from or used in any other way, except with prior written permission of acacaoaffair and with express attribution to acacaoaffair. You may not alter or attempt to alter any material on the Website, or the Website itself. You also may not, without our permission, “mirror” any material contained on this Website or any other server. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes.
NO UNLAWFUL OR PROHIBITED USE
Please feel free to browse the Website; however, your access and use of the Website are subject to these Terms and all applicable laws. You may not use the Website in any manner that could disable, overburden, or impair any acacaoaffair server, or interfere with any other person’s use and enjoyment of the Website, other accounts, computer systems or networks connected to any acacaoaffair server or to the Website, 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 this Website. acacaoaffair may, in its sole discretion, and at any time, modify or discontinue the Website, or limit, terminate or suspend your use of the Website, although we are under no obligation to do so.
OWNERSHIP, TRADEMARK AND COPYRIGHT
You agree and acknowledge that acacaoaffair is the owner or licensee of all rights in this Website and the materials that appear on the Website, and that you will not challenge those rights or do anything that might impair or damage those rights. This Website is protected by copyright, trademark and other laws. Any unauthorized use of any material on this Website may violate such laws.
The trademarks, logos and service marks used and displayed on this Website (the “Trademarks”), are registered and unregistered trademarks owned or licensed by acacaoaffair. Under no circumstances may you use any of the Trademarks displayed on this Website, or any other content on the Website, except as provided in these Terms. Any other use is strictly prohibited, and acacaoaffair will take all necessary action to enforce its rights. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without our written permission.
You should assume that everything you see or read on, or download from, this Website is copyrighted by acacaoaffair, and may not be used except as provided in these Terms. If you make any permitted copies of the Website, or portions of the Website, such copies must include the appropriate copyright, trademark, or other proprietary notices. If you modify or use the materials for any other purpose, you will be violating the valuable intellectual property rights of acacaoaffair, which it vigorously protects.
acacaoaffair respects the intellectual property rights of others. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Website, please provide acacaoaffair with notice containing the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Website; and 3) your contact information (name, address, telephone number and email address). This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information you provide in this notice is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Please sign this notice and provide it to acacaoaffair’s designated copyright agent as set out below:
825 Jamerson Road, Suite 527
Marietta, Georgia 30066
INFORMATION PROVIDED BY YOU
Any contact or communication which you may make with us or our employees via this Website must be for acacaoaffair business-related purposes. All such communications are property of acacaoaffair, and subject to review and monitoring by us. You are prohibited from posting or transmitting to this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and that acacaoaffair will not be liable for any such unauthorized disclosure.
We do not want you to, and you agree through the use of this Website, that you will not send any confidential or proprietary information belonging to you or any other entity to us unless specifically requested by us. Any material information or idea you transmit to this Website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by acacaoaffair for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
THIRD PARTY CONTENT AND LINKED WEBSITES
This Website may contain links to other sites created and maintained by other organizations, which may or may not be related to acacaoaffair. These links are provided for your convenience and are for reference only. You agree that the existence of these links does not imply that acacaoaffair is affiliated or associated with the referenced third parties, or that any linked site is authorized to use any trademark, trade name, logo or copyright of acacaoaffair. acacaoaffair makes no representation about any other site that you may access through its Website and is not responsible for the content of any other site. acacaoaffair does not endorse any products or services offered by any third party linked to its Website.
You may not create a link to the Website without first obtaining our written permission.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
YOUR USE AND BROWSING OF THIS WEBSITE IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE MATERIALS ON THE WEBSITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE.
THIS WEBSITE AND THE INFORMATION CONTAINED ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, ACACAOAFFAIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. ACACAOAFFAIR (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACACAOAFFAIR (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS WEBSITE, OR MATERIALS OR INFORMATION OBTAINED FROM WEBSITES LINKED TO THIS WEBSITE, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCE SHALL ACACAOAFFAIR, ITS PARENTS, SUBSIDIARIES OR AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THIS AGREEMENT OR ANY INFORMATION, CONTENT OR PRODUCTS OBTAINED THROUGH THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ACACAOAFFAIR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF ACACAOAFFAIR TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR THE PRODUCTS WHICH GIVE RISE TO THE LIABILITY. BY USING THE WEBSITE, YOU AGREE TO RELEASE AND HOLD HARMLESS ACACAOAFFAIR, AND ANY AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES IT MAY HAVE NOW AND IN THE FUTURE, FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES RELATING IN ANY WAY TO USE OF THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF ACACAOAFFAIR IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE APPLICABLE LAW.
acacaoaffair makes no representation that the contents of the Website are appropriate or available for use at locations outside the United States, and access to the Website is prohibited from locations where some or all of the content is illegal. If you choose to access this Website from other locations, you do so on your own initiative, and you are responsible for compliance with applicable local laws. You may not use the Website or export any contents of the Website in violation of U.S. export laws and regulations. By using this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or Denied Persons List.
If a dispute arises between you and acacaoaffair, you agree that such dispute will be resolved by binding arbitration administered by the American Arbitration Association under their rules for consumer arbitration. The exclusive venue for such arbitration is Cobb County, Georgia. All disputes in arbitration will be handled only between the named parties. The arbitrator will not have authority to conduct any proceeding on a class, private attorney general, or other representative basis; provide any relief to a person who is not a named party; nor join or consolidate claims involving persons who are not named parties. You acknowledge this means that you may not have access to a court or jury.
JURISDICTION AND GOVERNING LAW
acacaoaffair operates and controls this Website (including linked sites) within the state of Georgia. You agree that Georgia law applies to all matters regarding the use of this Website, including all our transactions. acacaoaffair makes no representation that the Website is appropriate or available for use in any other jurisdiction. If you attempt to access, use, or download materials from this Website while located in other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.
QUESTIONS OR COMPLAINTS
Please contact us with any questions or complaints about these Terms:
By Email: email@example.com
By Phone: (678) 903-4534
By Mail: 825 Jamerson Road, Suite 527
Marietta, Georgia 30066
© 2014 acacaoaffair LLC, All Rights Reserved.
Effective Date: February 14, 2014