Agreement Between User and Van Otis Chocolates, LLC
This Web site is offered by Van Otis Chocolates, LLC ("Van Otis Chocolates, LLC") to the user conditioned on acceptance by the user ("User") without modification of the terms, conditions, and notices contained herein. By accessing and using this Web site, the User is deemed to have agreed to all such terms, conditions, and notices (the "Agreement").
Copyright and Trademark Notices
All contents of this Web site are Copyright © 2011 Van Otis Chocolates, LLC and/or their suppliers. All rights reserved.
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THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VAN OTIS CHOCOLATES, LLC AND/OR ITS RESPECTIVE SUPPLIERS, INCLUDING BUT NOT LIMITED TO ALTOSMARKETING.COM, MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. VAN OTIS CHOCOLATES, LLC, AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. VAN OTIS CHOCOLATES, LLC, AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL VAN OTIS CHOCOLATES, LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VAN OTIS CHOCOLATES, LLC AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
No Unlawful or Prohibited Use
As a condition of use of this Website, User warrants to Van Otis Chocolates, LLC that User will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Links to Third Parties' Web Sites
This Web site may contain hyperlinks to Web sites operated by third parties other than Van Otis Chocolates, LLC. Such hyperlinks are provided for User's references only. Van Otis Chocolates, LLC does not control such Web sites and is not responsible for their contents. Van Otis Chocolates, LLC's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
Software Available on this Web Site
Please note that all code contained in this Web site is owned by Van Otis Chocolates, LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Modification of These Terms and Conditions
Van Otis Chocolates, LLC reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the User's acceptance of such changes.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This agreement shall be deemed to have been made in the State of New Hampshire, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of New Hampshire, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Hillsboro, New Hampshire, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the New Hampshire courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis. User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Van Otis Chocolates, LLC as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Van Otis Chocolates, LLC and Van Otis Chocolates, LLC shall not be liable for any representation, act or omission of the User. Van Otis Chocolates, LLC's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Van Otis Chocolates, LLC's right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by Van Otis Chocolates, LLC with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between the User and Van Otis Chocolates, LLC with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Van Otis Chocolates, LLC with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
As a condition of use of this Web site, the User agrees to indemnify Van Otis Chocolates, LLC and its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from User's use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
If you have any questions about this privacy statement, the practices of this site, or your dealings with Van Otis Chocolates, LLC, you can contact us:
Van Otis Chocolates, LLC
341 Elm Street
Manchester, NH 03101