1. Introduction
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor, unless authorized to do so by your legal guardian.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, ARDENT OSO CHOCOLATE WORKS LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
3. Restrictions
You are expressly and emphatically restricted from all of the following:
publishing any Website material in any media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or may be, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and ARDENT OSO CHOCOLATE WORKS LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant ARDENT OSO CHOCOLATE WORKS LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. ARDENT OSO CHOCOLATE WORKS LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No Warranties
This Website is provided “as is,” with all faults, and ARDENT OSO CHOCOLATE WORKS LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing advice to you.
6. Limitation of Liability
In no event shall ARDENT OSO CHOCOLATE WORKS LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and ARDENT OSO CHOCOLATE WORKS LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
7. Indemnification
You hereby indemnify to the fullest extent ARDENT OSO CHOCOLATE WORKS LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. How the Contract is Formed Between You and Us
9.1 After placing an order, you will receive online notification from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or Service. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when you receive the Products and/or Services (as applicable).
9.2 In the case of Products, the Contract will relate only to those Products which you receive. A contract for any other Products which may have been part of your order will be formed when you receive those other Products.
9.3 In the case of Services, these will be governed by the relevant terms and conditions applicable to the particular service, which will be available on the site to which your service relates – please check these terms and conditions before proceeding with your order.
9.4 In the case of Services, your cancellation rights vary depending on the service with which we are providing you. A cancellation fee may be applicable. If our Services include the pre-purchase of perishable goods that will no longer be used due to cancellation or postponement, this amount may be added to your amount due or subtracted from the refunded amount. Please refer to the particular terms and conditions that relate to the Service that you are receiving in accordance with paragraph 9.3.
10. Your status
10.1 By placing an order through our site, you warrant that:
10.1.1 you are legally capable of entering into binding contracts;
10.1.2 you are at least 18 years old
11. Price
11.1 The price of the Products, Services and our delivery charges will be as quoted on our site, except in cases of obvious error.
11.2 Product and Service prices and delivery charges are liable to change at any time, but changes will not affect orders for Products and/or Services which you then take steps to fulfill/receive within a reasonable time of such order.
12. Refunds
12.1 If an order is cancelled in accordance with paragraph 9 above, then we will refund the amounts owed as soon as possible following cancellation and in any case within 30 days following cancellation.
12.2 If we are due to provide you with a refund then this will be made to the Paypal account, Zelle account, credit or debit card used to carry out the original transaction.
13. Force Majeure
We reserve the right to defer the date of delivery or to cancel a Contract for all circumstances beyond its reasonable control, including but not limited to any accident or stoppage of or affecting our business or work and which prevents or hinders the delivery of the Goods or the performance of the Services.
14. Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy page. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
15. Variation of Terms
ARDENT OSO CHOCOLATE WORKS LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
16. Assignment
ARDENT OSO CHOCOLATE WORKS LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
17. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between ARDENT OSO CHOCOLATE WORKS LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
18. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.