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Conditions of Use
Welcome to www.oliviachocolatiers.com (the "Oliviachocolatiers.com site"). The services on
this site are offered to you by Olivia Chocolatiers, and
its
affiliates subject to the following conditions. If you visit or shop
at the Oliviachocolatiers.com site, you accept these conditions. Please read them
carefully.
When you use any current or future Olivia Chocolatiers service or visit or
purchase from
any business affiliated with Olivia Chocolatiers, whether or not included in the Oliviachocolatiers.com site, you will be subject also to the guidelines and
conditions
applicable to such service or business. BY USING THE OLIVIACHOCOLATIERS.COM SITE AND
THE
SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS
OF USE
AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT
AGREE WITH
ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE OLIVIACHOCOLATIERS.COM SITE.
Privacy
Please review our privacy notice, which also governs your visit to the Oliviachocolatiers.com site, to
understand our practices.
Electronic Communications
When you
visit the Oliviachocolatiers.com site or send e-mail to us, you are
communicating with us electronically. You consent to receive
communications
from us electronically. We will communicate with you by e-mail or by
posting
notices on the Oliviachocolatiers.com site. You agree that all agreements, notices,
disclosures, and other communications that we provide to you
electronically
satisfy any legal requirement that such communications be in writing.
Copyright
All content included on the Oliviachocolatiers.com site--such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data
compilations,
and software--is the property of Olivia Chocolatiers or its affiliates or content
suppliers, and is protected by Canadian, United States and international copyright
laws.
The compilation of all content on the Oliviachocolatiers.com site is the exclusive
property
of Olivia Chocolatiers and protected by Canadian, United States and international copyright
laws.
Trademarks
OLIVIA CHOCOLAT and other marks indicated on our site are trademarks or
registered trademarks of Olivia Chocolatiers, or its affiliates, in Canada and other countries. Olivia Chocolatiers graphics, logos, page
headers, button icons, scripts, and service names are trademarks or
trade dress of Olivia Chocolatiers or its affiliates. Olivia Chocolatiers's trademarks and
trade dress may not be used in connection with any product or service
that is not Oliviachocolatiers.com's or its affiliates', in any manner that is
likely to cause confusion among customers, or in any manner that
disparages or discredits Olivia Chocolatiers or its affiliates. All other
trademarks not owned by Olivia Chocolatiers or its affiliates that appear on the Oliviachocolatiers.com site are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by Olivia Chocolatiers or
its affiliates.
Licence and
Site Access
Olivia Chocolatiers grants you a limited license to
access and make personal
use of the Oliviachocolatiers.com site, and not to download (other than page caching)
or
modify it, or any portion of it, except with the express written consent
of Olivia Chocolatiers. This licence does not include any resale or commercial use of
the Oliviachocolatiers.com site or its contents; any collection and use of any product
listings,
descriptions, or prices; any derivative use of the Oliviachocolatiers.com site or its
contents; any downloading or copying of account information for the
benefit of
another merchant; or any use of data mining, robots, or similar
data-gathering
and extraction tools. The Oliviachocolatiers.com site or any portion of it may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited
for any commercial purpose without the express written consent of Olivia Chocolatiers.
You may not frame or utilize framing techniques to enclose any
trademark, logo,
or other proprietary information (including images, text, page layout,
or form)
of Olivia Chocolatiers and our affiliates without express written consent. You may
not
use any meta tags or any other "hidden text" utilizing Olivia Chocolatiers's name
or
trademarks without the express written consent of Olivia Chocolatiers. Any
unauthorized
use terminates the permission or license granted by Olivia Chocolatiers. You are
granted
a limited, revocable, and nonexclusive right to create a hyperlink to
the home
page of Oliviachocolatiers.com, so long as the link does not portray Olivia Chocolatiers, its
affiliates, or their products or services in a false, misleading,
derogatory,
or otherwise offensive matter. You may not use any Olivia Chocolatiers logo or
other
proprietary graphic or trademark as part of the link without express
written
permission.
Your Account
If you use the Oliviachocolatiers.com
site, you are responsible for maintaining
the confidentiality of your account and password, as well as for
restricting
access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. Olivia Chocolatiers does
sell
products for children, but it sells them to adults who are permitted to
purchase products with a credit card. If you are under 18, you may use Oliviachocolatiers.com only with involvement of a parent or guardian. Olivia Chocolatiers and
its
affiliates reserve the right to refuse service, terminate accounts,
remove or
edit content, or cancel orders in their sole discretion.
Reviews,
Comments, Communications, and Other
Content
Visitors may post reviews, comments, and other
content; send e-cards
and other communications; and submit suggestions, ideas, comments,
questions,
or other information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or
objectionable, and
does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of
"spam."
You may not use a false e-mail address, impersonate any person or
entity, or
otherwise mislead as to the origin of a card or other content. Olivia Chocolatiers reserves the right (but not the obligation) to remove or edit such
content, but
does not regularly review posted content. If you do post content
or submit material, and unless we indicate
otherwise, you grant Olivia Chocolatiers and its affiliates a nonexclusive,
royalty-free,
perpetual, irrevocable, and fully sublicencable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute,
and display such content throughout the world in any media. You grant Olivia Chocolatiers
and its affiliates and sublicencees the right to use the name that you
submit
in connection with such content, if they choose. You represent and
warrant that
you own or otherwise control all the rights to the content that you
post; that
the content is accurate; that use of the content you supply does not
violate
this policy and will not cause injury to any person or entity; and that
you
will indemnify Olivia Chocolatiers or its affiliates for all claims resulting from
content you supply. Olivia Chocolatiers has the right but not the obligation to
monitor
and edit or remove any activity or content. Olivia Chocolatiers takes no
responsibility
and assumes no liability for any content posted by you or any third
party.
Copyright Complaints
Olivia Chocolatiers and its
affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that
constitutes
copyright infringement. These policies also govern your visit to the Oliviachocolatiers.com
site. We
reserve the right to make changes to our site, policies, and these
Conditions
of Use at any time. Any changes or revisions will be effective
immediately upon
their posting on the Oliviachocolatiers.com site. Your use of the Oliviachocolatiers.com site will
be
subject to the version of the Conditions of Use posted on this site at
the time
of such use. Accordingly, you are advised to review the Conditions of
Use prior
to using the Oliviachocolatiers.com site. YOUR CONTINUED USE OF THIS SITE FOLLOWING
THE
POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF
SUCH
CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO
THESE
CONDITIONS OF USE, YOU MAY NOT USE THE OLIVIACHOCOLATIERS.COM SITE AND ARE TO
DISCONTINUE
USE OF THE SITE IMMEDIATELY. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be
deemed
severable and shall not affect the validity and enforceability of any
remaining
condition.
Site Policies,
Modification, and
Severability
Please review our other policies, such
as our pricing.
Pricing
We do not have a price-matching policy at this time, nor do we offer
additional discounts on large orders of a single item nor on large
orders of many individual items.
We cannot confirm the price of an item until you order, but please
note that we do not charge your credit card until your order
enters the
shipping process. Despite our best efforts, a small number of the items
in our
catalogue are mispriced. Rest assured, however, that we verify prices as
part
of our shipping procedures. If an item's correct price is
lower than our stated
price, we charge the lower amount and ship you the item.If an
item's correct price is higher than our stated
price, we--at our discretion--will either contact you for instructions
before
shipping or cancel your order and notify you of such
cancellation.
Post-Order Price Match Policy
We do not offer post-order price matching when an item's price drops
after you buy it. Our prices regularly change, and the price you paid
when your order shipped was the lowest price we were able to offer at
the time. We consistently offer competitive prices on everything we
carry because we know low prices are very important to our customers.
Product Descriptions
Olivia Chocolatiers and its affiliates attempt to be as accurate as possible.
However, Olivia Chocolatiers does not warrant that product descriptions or other
content
of the Oliviachocolatiers.com site are accurate, complete, reliable, current, or
error-free.
Other Businesses
Parties
other than Olivia Chocolatiers and its affiliates may operate stores,
provide services, or sell product lines on the Oliviachocolatiers.com site. In
addition, we
provide links to the sites of affiliated companies and certain other
businesses. We are not responsible for examining or evaluating, and we
do not
warrant the offerings of, any of these businesses or individuals or the
content
of their Web sites. Olivia Chocolatiers does not assume any responsibility or
liability
for the actions, product, and content of all these and any other third
parties.
You should review their privacy statements and other conditions of use
carefully.
Disclaimer of Warranties and Limitation of
Liability
THE OLIVIACHOCOLATIERS.COM SITE IS PROVIDED BY OLIVIA CHOCOLATIERS
ON AN "AS IS" AND "AS
AVAILABLE" BASIS. OLIVIA CHOCOLATIERS MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY
AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, OLIVIA CHOCOLATIERS
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. OLIVIA CHOCOLATIERS DOES NOT WARRANT THAT THE OLIVIACHOCOLATIERS.COM SITE, ITS SERVERS, OR
E-MAIL SENT
FROM OLIVIA CHOCOLATIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OLIVIA CHOCOLATIERS WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE OLIVIACHOCOLATIERS.COM
SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE,
AND CONSEQUENTIAL DAMAGES. THE LAWS OF CERTAIN JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
Applicable Law
By visiting the Oliviachocolatiers.com site, you agree that the laws of the province of Quebec, without regard to principles of conflict of laws, will
govern
these Conditions of Use and any dispute of any sort that might arise
between
you and Olivia Chocolatiers or its affiliates.
Disputes
Any
dispute relating in any way to your visit to the Oliviachocolatiers.com. site
or to products you purchase through Olivia Chocolatiers shall be submitted to
confidential arbitration in Canada except
that, to
the extent that you have in any manner violated or threatened to violate
the
intellectual property rights of Olivia Chocolatiers or its affiliates, Olivia Chocolatiers
or its
affiliates may seek injunctive or other appropriate relief in any state
or
federal court and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement
shall
be conducted under the rules then prevailing of the Canadian Arbitration
Act. The arbitrator's award shall be binding and may be entered
as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall
be
joined to an arbitration involving any other party subject to this
Agreement,
whether through class arbitration proceedings or otherwise.
