Terms and Conditions
Please read the following Terms and Conditions carefully. By accessing this (https://twinslovechocolate.com/) website (“Website”), you fully and voluntarily agree to said Terms and Conditions and acknowledge that you have both read and fully comprehend the nature and consequences of agreement to these Terms and Conditions.
The following terminology applies to these Terms and Conditions: (i) “You”, “Your” and “Yourself” refers to you, the person accepting the Company’s terms and conditions; and (ii) “Company” “We” and “Us” refer to Twins Love Brands, LLC.
1. CHANGES TO TERMS AND CONDITIONS AND WEBSITE.
Company may revise and update these Terms and Conditions from time to time in the Company’s sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. Further, Company may update the content of the Website from time to time, but its content is not necessarily complete or up to date. Any of the materials on the Website may be out of date at any given time, and the Company is under no obligation to update such materials.
2. ACCESSING THE WEBSITE; ACCOUNT SECURITY.
a. Company reserves the right to withdraw or amend this Website, and any service, product or material Company provides on the Website, in its sole discretion, without notice. Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Company may restrict access to some parts of the Website, or the entire Website.
b. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all information you provide on the Website is correct, current and accurate. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with Company’s Privacy Policy.
3. INTELLECTUAL PROPERTY RIGHTS.
a. This Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
i. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
ii. You may store files that are automatically cached by your web browser for display enhancement purposes.
iii. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
iv. If Company provides social media features with certain content, you may take such actions as are enabled by such features.
b. You must not:
i. Modify copies of any materials from the Website.
ii. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
iii. Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
c. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at Company’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
d. The Company name, the terms “The Perfect Place To Perfect Chocolate,” the Company logo and all related named, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors and are the sole and exclusive property of the Company. You must not use such marks without the prior written consent of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
4. PROHIBITED USES.
a. You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
i. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
ii. For the purposes of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
iii. To send, knowingly receive, upload, download or re-use any materials that does not comply with the Content Standards set out in these Terms and Conditions.
iv. To transmit or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitations.
v. To impersonate or attempt impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
b. Additionally, you agree not to:
i. Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website, including their ability engage in real time activities through the Website.
ii. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
iii. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without Company’s prior written consent.
iv. Use any device, software, or routine that interferes with the proper working of the Website.
v. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
5. USER CONTRIBUTIONS.
a. This Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Website Content Standards set out in these Terms and Conditions.
b. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant the Company and its affiliates and service providers, and each of their licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
c. You represent and warrant that:
i. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company and its licensees, successors and assigns.
ii. All of your User Contributions do and will comply with these Terms and Conditions.
d. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
e. The Company has the right to:
i. Remove or refuse to post any User Contribution for any or no reason in its sole discretion.
ii. Take any action with respect to any User Contribution that the Company deems necessary or appropriate in its sole discretion, including if the Company believes that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
iii. Disclose your identity or other information about you to any third party who claims that the material posted by you violates their rights, including their intellectual property rights or their rights to privacy.
iv. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
v. Terminate or suspend your access to all or part of the Website for any violation of these Terms and Conditions.
Without limiting any of the foregoing, the Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARLMESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, the Company cannot and does not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
6. CONTENT STANDARDS.
a. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
i. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
ii. Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
iii. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
iv. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulation or that otherwise may be in conflict with these Terms and Conditions and the Company’s Privacy Policy.
v. Be likely to deceive any person.
vi. Promote any illegal activity, or advocate, promote or assist any unlawful act.
vii. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
viii. Impersonate any person, or misrepresent your identity, or affiliation with any person or organization.
ix. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising.
x. Give the impression that they emanate from or are endorsed by the Company or any other person or entity, if this is not the case.
xi. In any way promote a competing product or service or attempt to compete with the Company’s business.
b. The information presented on or through the Website is made available solely for general information purposes. The Company does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its content. The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company, and the Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE.
All information collected by the Company on the Website is subject to the Company’s privacy policy. By using the Website, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.
8. TERMS OF SALE, ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS.
a. These terms of sale are subject to change by the Company without prior written notice at any time, in the Company’s sole discretion.
b. By completing and submitting an electronic order form, you agree that your order is an offer to buy, under these Terms and Conditions, the products listed in your order. The Company may choose not to accept orders in its sole discretion, even after you are sent a confirmation email with your order number and details of the items you ordered. Products will not be sent until the Company receives authorization from your payment card issuer, and the Company will not be liable for any delay, and the Company will not accept orders, if your order is not authorized.
c. All prices, discounts and promotions posted on the Website are subject to change without notice. Posted prices do not include taxes or charges for shipping or handling and all such taxes and charges will be added to your merchandise total and will be itemized in your shopping card and confirmation email. The Company strives to display accurate price information; however, the Company may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. The Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Once you complete your order, you will receive a confirmation email from the Company acknowledging your order which will confirm which products you purchased. This confirmation email is not an acceptance of your order by the Company.
d. Terms of payment are within the Company’s sole discretion and payment must be received by the Company prior to accepting an order. You represent and warrant that:
i. The credit card information you supply the Company is true, correct and complete.
ii. You are duly authorized to use such credit card for the purchase.
iii. Charges incurred by you will be honored by your credit card company.
iv. You will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
e. The Company will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs incurred by the Company in the processing, handling, packing, shipping and delivery of your order. Title and risk of loss passes to you upon the Company’s transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. The Company is not liable for any delays in shipments.
f. The Company does not accept returns of the products.
9. LINKS FROM THE WEBSITE.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites.
10. NO LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, MEMBERS, MANAGERS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS AND REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU, YOUR HEIRS, EXECUTORS OR ADMINISTRATORS OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY CLAIMS FOR PERSONAL INJURY OR DEATH, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE OF THE COMPANY PARTIES) ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OR THE PRODUCTS SOLD BY THE COMPANY.
11. INDEMNIFICATION.
You agree to indemnify and hold harmless the Company and its managers, members, directors, officers, employees, attorneys and representatives from and against any loss or liability incurred in defending any Claim made by you or anyone making a Claim on your behalf, even if the Claim is alleged to or did result from the negligence of the Company or anyone else.
12. MISCELLANEOUS.
In the event any of these Terms and Conditions are in violation of, or prohibited by, any applicable law or regulation, such Terms and Conditions shall be deemed as amended or deleted to conform for such law or regulation without invalidating or amending or deleting any of the other Terms and Conditions, which shall remain in full force and effect. These Terms and Conditions will be construed pursuant to the laws of the State of Florida. Any action or proceeding with respect to or arising out of these Terms and Conditions shall be exclusively brought and litigated in the federal and state courts of Florida. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. You expressly consent and submit to this exclusive jurisdiction and exclusive venue and waive the right to challenge this jurisdiction and/or venue as improper or inconvenient.