BISSINGER'S HANDCRAFTED CHOCOLATIER TERMS AND CONDITIONSWelcome to the the Bissinger's website, www.bissingers.com (the "site"). By accessing this site, you agree to be bound by the terms and conditions below (the "terms"). the terms constitute a legal agreement between Bissinger's Handcrafted Chocolatier (collectively "us" or "we") and you that governs your use of our products, services and site. If you do not agree to all of the terms, please do not use the site. We may from time to time modify or revise the terms by updating this page. Your use of our site following any such change constitutes your agreement to follow and be bound by the terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the site.
Changes to Our Site
We may at any time terminate, change or suspend any aspect of the site including but not limited to content, features or hours of availability. Bissinger's Handcrafted Chocolatier may impose limits on certain features of the site or restrict your access to part or all of the site without notice or penalty.
You agree that you will not use the site to: (a) stalk, harass or harm another individual; (b) pretend to be anyone, or any entity, you are not, or (c) violate any local, state, national or international law. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the site, use of the site, or access to the site.
ACCESS TO YOUR ACCOUNT
If you do establish an account on our site, we may access or disclose information concerning your account as may be required by governmental or regulatory entities in response to inquiries in connection with investigations or to comply with applicable law, rules, regulations, orders, subpoenas, or other legal processes. We may also access or disclose information concerning your account if we determine that disclosure is necessary or appropriate for purposes of national security, law enforcement, or other issues of public importance, or if we determine that access or disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
Certain of the names, logos, and other materials displayed on our site and in connection with our services constitute trademarks, tradenames, service marks or logos ("marks") owned or registered by us or by other third parties. You are not authorized to use or register any such marks. Ownership of all such marks and the goodwill associated therewith remains with us or those other third parties.
COPYRIGHTS AND RESTRICTIONS ON USE
The content on our site ("our content"), including without limitation, text, databases, software, code, music, sound, photos, and graphics, is copyrighted by us and/or our licensors under united states and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. Our content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use. you must abide by all copyright notices, information, or restrictions contained in or attached to any of our content.
License to Use the Site
You are hereby granted a personal, non-exclusive, non-transferable, limited license to use the site solely in accordance with these terms, as they may be amended from time to time. You may not use our site for any other purpose. You may not (and may not permit anyone else to) copy, sublicense, translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works of our site or any part thereof. This license shall terminate when your use of the site is terminated for whatever reason.
DISCLAIMER OF WARRANTIES
This site, its contents, functions and all information, products and services contained in or offered through this site are provided on an 'as is' and 'as available' basis without representations or warranties of any kind. Bissinger's Handcrafted Chocolatier expressly disclaims all such representations and warranties, either express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose or noninfringement and any implied warranties arising from course of dealing or course of performance. Bissinger's Handcrafted Chocolatier does not warrant that this site or its contents will be complete, accurate, timely, uninterrupted, secure or error free, or that defects will be corrected. All information on the site is subject to change without notice. Some jurisdictions do not allow the exclusion of certain warranties so some of the above exclusions may not apply to you.
You agree that we, in our sole discretion, may terminate your use of the site without prior notice if we believe that you have violated or acted inconsistently with the letter or spirit of these terms. Further, you agree that we shall not be liable to you or any third party for any termination of your access to our site.
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. We will not be liable for any information, software, or links found at any other website, internet location, or source of information, or for your use of such information.
LIMITATION OF LIABILITY
You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your use of or inability to use the site or any other matter relating to the site.
EXCLUSION AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you.
Most of our products displayed at the site are available in select the Bissinger's Handcrafted Chocolatier stores while supplies last. In some cases, merchandise displayed for sale at the site may not be available in our stores. The prices displayed at the site are quoted in US dollars and are valid and effective only in the United States.
You agree to defend, indemnify and hold us, our affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by a third party, relating to or arising from: (a) your access to or use of the site; (b) any violation by you of any of the provisions these terms; or (c) your violation of any rights of any other person or entity. This obligation shall survive the termination or expiration of these terms and/or your use of the site.
These terms and our relationship between you and us shall be governed by the laws of the state of new york as applied to agreements made, entered into and performed entirely in Missouri, notwithstanding your or our actual place of residence. All lawsuits arising out of the terms or out of your use of the site shall be brought in the federal or state courts located in Saint Louis, Missouri and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
The terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the site, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. our failure to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that, except as otherwise expressly provided in these terms, there shall be no third-party beneficiaries to this agreement.