Terms and Conditions
Terms and Conditions
Effective Date: 7/26/2021
Welcome to the Hoffman’s Chocolates website. Please read these Terms of Service (“Terms”) carefully. This website is owned and operated by The Hoffman Commercial Group, Inc. (“Hoffman’s Chocolates,” “we,” “us,” and “our”) and/or its subsidiaries and agents. When you use or access this website (“www.hoffmans.com”), the Hoffman’s Chocolates Service (as defined below), or any of our other websites, mobile sites, and social media pages (all of the foregoing, collectively, “the Website”), you accept and agree to these Terms. If you do not agree to the Terms, you may not use our website.
Please note that your use of the Website or certain content and features of the Website may be subject to additional terms described therein (“Additional Terms”), including, but not limited to, with respect to e-commerce activities, contests, and sweepstakes. Unless provided otherwise, in the event that any of these Terms conflict with the Additional Terms, then these Terms shall control. By using the Website or such content and features, you also agree to be bound by those Additional Terms.
1. The Hoffman’s Chocolates Service.
Hoffman’s Chocolates provides a number of Internet-based services through the Website that permit users to create and purchase customized products (all such services, collectively, the “Hoffman’s Chocolates Service”). One such service enables users to order candy, confections, and other products (collectively, “Products”). Except as otherwise expressly set forth herein, these Terms apply to your use of the Hoffman’s Chocolates Service, and you agree to accept and be bound by these Terms when you access or use the Hoffman’s Chocolates Service.
2. Use of the Website.
2.1. Eligibility. Use of the Website, including the making of purchases, is limited to: (a) legal residents of the United States who are least 18 years of age or the age of majority in his/her jurisdiction of residence, whichever is older, and (b) individuals outside of the United States with the power to enter into a binding contract with us and not be barred from doing so under any applicable laws in their country of residence. If you are under the age of 18, but at least 13 years of age, you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Website is not intended for use by children under the age of 13.
2.2. Compliance. You agree to comply with all provisions and conditions of these Terms, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use the Website. You agree that when accessing or using the Website or any Content (as defined below), you will act in accordance with law, custom, and in good faith. Without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms, you shall be liable for all of the damages and losses that this may cause to Hoffman’s Chocolates, our parents, subsidiaries, affiliates, partners, or licensors.
2.3. Limited Licenses.
(a) Hoffman’s Chocolates (or our parents, subsidiaries, affiliates, partners, or licensors) solely and exclusively owns all intellectual property and other rights, title and interest in and to the Website and all materials, information, and content available on the Website including, without limitation, trademarks, service marks, text, graphics, logos, images, features, functions, button icons, audio clips, video clips, the look and feel of the Website, data compilations and software, and the compilation and organization thereof (collectively, the “Content”). The Content is protected by United States and international laws, including laws governing patents, trademarks, and copyrights. You will not acquire any right, title or interest in or to the Website, the Content, or any part thereof.
(b) You are prohibited from modifying, reproducing, duplicating, copying, selling, reselling, transmitting, distributing, displaying, creating derivative works from, transferring, or exploiting any part of the Content, in whole or in part, for any purpose without our prior written consent or the consent of its owner in the case of portions of the Content that have been licensed to us. Any unauthorized attempt to modify any of the Content included on the Website or to defeat or circumvent our security features, or to utilize the Website or any part of the Content included on the Website for any purpose other than its intended purposes is strictly prohibited.
(c) Our trademarks, service marks, and trade names and those trademarks, service marks, and trade names licensed to us (collectively, the “Marks”) displayed on the Website are registered and unregistered Marks of Hoffman’s Chocolates. All other trademarks, service marks, and trade names are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark or Marks displayed on the Website without the written permission of Hoffman’s Chocolates or such third party that may own other marks displayed on the Website.
(d) Hoffman’s Chocolates grants you a limited revocable, non-transferable, and non-exclusive license to access and use the Website for its intended purposes, subject to your compliance with these Terms. This license does not include the right to engage in any activity prohibited by Hoffman’s Chocolates under these Terms or to compete with Hoffman’s Chocolates.
Hoffman’s Chocolates also grants you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to the home page of the Website, but not replicate, all or part of the Content and may not link to any page of the Website other than the home page; (ii) may not contain content that could be construed, in our sole discretion, as obscene, controversial, offensive, or illegal or inappropriate for any ages; (iii) may not portray us or our products or services in a defamatory, false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (iv) may not imply that Hoffman’s Chocolates is endorsing such website or its services or products; and (v) may not misrepresent its relationship with Hoffman’s Chocolates. We may request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us.
Any unauthorized use by you of the Website or the Content or any part thereof, as well as any breach of these Terms, automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms.
Hoffman’s Chocolates sometimes provides access to other third party websites from our Website. We do not endorse or approve any products, services, or information offered at such third party websites, and makes no representations regarding the quality, safety, or suitability of any products, services, or information provided by third parties. We are not responsible for the content of any third party websites even if they are linked to or from the Website. Your use and access of these third party websites is at your own risk, and Hoffman’s Chocolates is not responsible for the content of any website linked to or from the Website. Hoffman’s Chocolates disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any third party website. Viewing of all third party websites is at your own risk.
3. General Rules.
3.1. Prohibited Use. You may only use the Website as expressly permitted by Hoffman’s Chocolates. You may not cause harm to the Website or any part thereof. Specifically, but not by way of limitation, you understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Website:
- make any use of the Website or any Content other than for personal use;
- frame or utilize framing techniques to enclose the Website or any portion thereof;
- interfere with the Website by using viruses or any other programs or technology designed to disrupt or damage any software or hardware including, but not limited to, e-mailing, sharing, distributing, transmitting, uploading, posting, reproducing, or otherwise making available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Website, or otherwise disrupt or interfere with access to, functionality, or operation of the Website;
- modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Website, the Content, or any part thereof;
- use any meta tags, robots, spiders, crawlers, or other tools or devices, whether manual or automated, to (a) monitor the activity on or copy pages from the Website, except in the operation or use of an Internet “search engine,” hit counters, or similar technology; or (b) collect, scrape, index, mine, republish, redistribute, transmit, sell, license, or download the Website, Content (except caching or as necessary to view the Website), or the personal information of others without our prior written permission or authorization;
- download or copy the Website (other than page caching);
- upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, sexually explicit, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- violate any applicable local, state, national, or international law;
- solicit money from any person for any purpose;
- collect e-mail addresses or other information from third parties;
- stalk, harass, or threaten, advocate or encourage harm to any person;
- impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- use any meta tags, search terms, key terms, or the like that contain Hoffman’s Chocolates’ trade name or Marks;
- solicit personal information, including passwords, from other users for commercial or illegal purposes;
- engage in any activity that interferes with another user’s ability to use or enjoy the Website;
- defeat security mechanisms, investigate or explore how to defeat security mechanisms, or provide information concerning methods of defeating security mechanisms, including by allowing another person to access the Website using credentials issued to you, or by falsifying, deleting, or concealing Internet protocol header, e-mail sender, or other identifying information;
- engage in or make any unsolicited or unauthorized advertising, solicitation, or promotional material; and/or
- assist or encourage any third party in engaging in any activity prohibited by these Terms.
3.3. E-Commerce Policies. If you purchase Products, you agree to do so in accordance with our e-commerce policies and instructions provided on the Website. To view policies and procedures related to orders placed through the Website (such as order processing, shipping and handling, returns and exchanges, etc.), please see those policies and procedures, which are posted on our Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier
3.4 General E-Commerce Terms.
(a) Prices and availability of products listed on the Website are subject to change without notice.
(b) While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
(c) We reserve the right, at our sole discretion, to: (i) limit the quantity of items purchased per person, per household or per order; and (ii) refuse or cancel any order for any reason. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
(d) This Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability. We reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We attempt to be as accurate as possible when describing our products on the Website; however, we do not warrant that the product descriptions, colors, information, or other content available on the Website are accurate, complete, reliable, current, or error-free.
(e) We are not responsible for lost or stolen gift cards.
4. Reservation of Rights.
4.1. Monitoring. Hoffman’s Chocolates reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Hoffman’s Chocolates determines, in its sole and absolute discretion, that you or another Hoffman’s Chocolates user will breach a term or condition of these Terms or that such transaction or communication is inappropriate or unlawful, Hoffman’s Chocolates may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
4.2. Modification of the Service. Hoffman’s Chocolates reserves the right to modify the organization, structure, and “look and feel” of the Website or any part thereof, and may delete, remove, change, suspend, or discontinue any aspect, feature, or Content of the Website at any time without any liability to you or any third party. Hoffman’s Chocolates shall have complete discretion over the features, functions, prices, and other terms and conditions on which the Website is offered to Hoffman’s Chocolates’ users.
(b) You may not use an e-mail address (or other login information such as, for example, a user name or Facebook account) that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason in our sole discretion.
(c) You are responsible for providing and maintaining current, complete, accurate, and truthful information on your account. When you register on the Website to create an account, all information you submit must be truthful, accurate, current, and complete. If the information that you provide to us changes, you agree to promptly provide us with updated information. We may terminate your account if any of the information provided is found to be false, inaccurate, incomplete, or out-of-date.
(d) You are responsible for maintaining the confidentiality of your account, login information, and password and for restricting access to your computer or mobile device. If any unauthorized use of your password or account has occurred, please notify us immediately. You agree to accept responsibility for all actions that take place using your account, including, without limitation, as a result of any loss, theft, or unauthorized use of such login information. In the event of loss, theft, or unauthorized use of your account or login information, we may impose on you additional security obligations in our sole discretion. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person to these Terms, and to the extent you do not have such authority, you agree to be bound by these Terms and to accept liability for harm caused by any wrongful use of the Website or Content resulting from such access or use.
(e) You may cancel your account with us at any time by e-mailing your written request to email@example.com. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
6. User Content.
(a) Now or in the future, some areas of the Website (including, but not limited to, forums, blogs, message boards, web forms, contest entries, reviews or comment sections, and chat rooms) may offer the ability for users to access, view, submit, transmit, upload, download, post, e-mail, share, distribute, reproduce, or otherwise make available comments, suggestions, ideas, questions, inquiries, feedback, reviews, observations, data, text, software, sound recordings, photographs, graphics, images, video recordings, messages, message board postings, entries to promotions and contests, information and material submitted via web forms, or other information or content created or provided by an user (“User Content”) on or to the Website in any manner (including, but not limited to, through the “Contact Us” form). When you submit, transmit, upload, download, post, e-mail, share, distribute, reproduce, or otherwise make available such User Content on the Website, you are entirely responsible for such User Content.
(b) You hereby grant to Hoffman’s Chocolates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, transferable, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing, and marketing products and services.
(c) All User Content that you submit to us will be considered non-confidential and non- proprietary, and you agree that Hoffman’s Chocolates shall have no obligation to keep confidential any such User Content. Hoffman’s Chocolates will have no obligations or liability to you with respect to your User Content or any other user’s User Content. We cannot guarantee that other users (or other third parties) will not use the User Content that you share. Hoffman’s Chocolates does not and cannot review and evaluate all User Content provided by users and is not responsible for the content of the User Content, nor do we control or endorse any User Content. Accordingly, we cannot guarantee the accuracy, integrity, or quality of the User Content or that User Content appearing on the Website will not violate any law, regulation, or these Terms.
(d) You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in accessing, viewing, transmitting, uploading, downloading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (i) violates any law, regulation, or these Terms; (ii) infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party; (iii) is known by you to be false, fraudulent, inaccurate, or misleading; (iv) you were compensated for or granted any consideration by any third party; or (v) you do not have a right to make available under any law or under any contractual relationship.
(e) By sending User Content to the Website, you release us from any duty or obligation to review or act in response to such User Content, and of any duty or obligation to you in connection with any action we choose to take in response to your User Content. You hereby waive all rights to any claims against Hoffman’s Chocolates, and agree not to bring any claims against us, for any alleged or actual infringements of any proprietary or intellectual property rights, right of privacy, right of publicity, moral rights, and rights of attribution or integrity in connection with User Content.
(f) You acknowledge that we have the right, but not the obligation, in our sole discretion and for any reason whatsoever, at any time and with or without notice, to: (i) refuse service without prior notice if you violate these Terms or infringe the rights of others; (ii) terminate your account without prior notice if you violate these Terms or infringe the rights of others; (iii) refuse to post User Content or any part thereof; (iv) remove User Content or any part thereof; (v) discontinue, temporarily or permanently, the acceptance of some or all User Content and/or your ability to access User Content; and/or (vi) modify, change, adapt, condense, or delete User Content or any part thereof. You agree that Hoffman’s Chocolates shall not be liable to you or to anyone else for any suspension or discontinuance of acceptance of or access to User Content.
(g) If you wish to delete all or part of your User Content that is publicly accessible or viewable on the Website, please contact us by e-mail at firstname.lastname@example.org and include the following information in your deletion request: first name, last name, user name (if applicable), e- mail address associated with our Website, your reason for requesting deletion of the User Content, and date(s) of posting such public User Content that you wish to delete. We may not be able to process your request if you are unable to provide the foregoing information.
(h) You agree not to post, upload, transmit, share, or otherwise make any review on the Website or on any third party website about or related to Hoffman’s Chocolates, the Website, the Content, or our products or services that (i) contains confidential or private information; (ii) is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (iii) is unrelated to our products or services; or (iv) is clearly false or misleading.
(i) Notwithstanding the foregoing, sub-section (b) of this Section 6 does not apply to any User Content that you use or submit to us in connection with your usage of the Hoffman’s Chocolates Service.
7. Notices of Alleged Copyright Infringement
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive copyright right that has been allegedly infringed.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the above requirements of the Digital Millennium Copyright Act (“DMCA”) shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Note that there may be penalties for false claims under the DMCA. Therefore, we suggest that you consult an attorney before filing a notice with our copyright agent.
You may contact our designated copyright agent for receiving notifications of claimed copyright infringement at:
The Hoffman’s Commercial Group, Inc.
Attn: Copyright Agent
201 East Las Olas Blvd.
Fort Lauderdale, FL 33301
8. Representations and Warranties.
(a) You represent and warrant to Hoffman’s Chocolates that, in your use of the Website, the Hoffman’s Chocolates Service, the Content, your User Content, or any part thereof, you: (i) will not infringe the copyright, trademark, service mark, trade name, patent, trade secret, right of privacy, right of publicity, or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations.
(b) You further represent and warrant to Hoffman’s Chocolates that: (i) no lawsuits, arbitrations, claims, demands, or any other proceedings are pending, or to the best of your knowledge, threatened with respect to any of your User Content; (ii) Hoffman’s Chocolates will not be required to make any payments to any third party in connection with its use of your User Content, except for the expenses that Hoffman’s Chocolates incurs in providing the Hoffman’s Chocolates Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your User Content will not cause injury to any third party; and (iv) your User Content does not contain viruses, malware, software code, or any other programs or technology designed to disrupt or damage any software or hardware.
9. Disclaimers of Warranties.
HOFFMAN’S CHOCOLATES PROVIDES THE WEBSITE AND THE HOFFMAN’S CHOCOLATES SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER HOFFMAN’S CHOCOLATES NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS REPRESENT OR WARRANT THAT THE WEBSITE, THE HOFFMAN’S CHOCOLATES SERVICE, THE CONTENT, OR USE OF ANY OF THE FOREGOING: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. HOFFMAN’S CHOCOLATES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE WEBSITE OR ITS CONTENT OR SERVICES. HOFFMAN’S CHOCOLATES HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
10. Limitation of Liability.
(a) YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) ACTION OR INACTION BY OTHER USERS OF THE WEBSITE OR THE CONTENT;(b) INTERRUPTION OF BUSINESS; (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (d)DATA NON-DELIVERY,MISDELIVERY,CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (e) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (f) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS, WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING ACCESS OF LINKS TO OR FROM THIRD PARTY WEBSITES; (g) ANY INACCURACIES OR OMISSIONS IN CONTENT; (h) EVENTS BEYOND OUR REASONABLE CONTROL; (i) USE OF, OR INABILITY TO USE, THE WEBSITE OR THE HOFFMAN’S CHOCOLATES SERVICE; (j) USE OF, OR INABILITY TO USE, ANY THIRD PARTY WEBSITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE; AND/OR (k) EXERCISE OF ANY RIGHTS WE HAVE UNDER THE LAW, BY CUSTOM, OR UNDER THESE TERMS.
(b) FURTHER, YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE), OR BASED ON ANY OTHER CAUSE OF ACTION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS, THE WEBSITE, THE CONTENT, THE HOFFMAN’S CHOCOLATES SERVICE, OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
(c) YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE), OR BASED ON ANY OTHER CAUSE OF ACTION, ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS, THE WEBSITE, THE CONTENT, THE UNBOS SWEETNESS SERVICE, OR YOUR USE THEREOF MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE AND THAT AFTER SUCH TIME PERIOD ANY SUCH CLAIM OR ACTION IS FOREVER BARRED AND WAIVED. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE CONTENT, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold harmless Hoffman’s Chocolates and our employees, representatives, agents, parents, subsidiaries, affiliates, directors, officers, managers, shareholders, employees, successors, and assigns (the “Parties”) for any damage, loss, cost, or expense (including, without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand, or action (“Claim”) brought against any of the Parties arising from or related to: (i) your use of the Website or the Content; (ii) your violation of any law, rule, or regulation; (iii) your breach of any provision of these Terms by act or omission; (iv) any part of your User Content; (v) your use or viewing of any other user’s User Content; (vi) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools on or in connection with Website or the Content; (vii) any other action you take that imposes an unreasonable burden on our the Website, the Content, or our infrastructure; and/or (viii) your alleged violation of the rights of any third party (including, without limitation, claims of defamation, invasion of privacy, right of publicity, breach of confidence, and/or infringement of copyright, trademark, patent, or any other intellectual property right).
If you have to indemnify Hoffman’s Chocolates under this Section, Hoffman’s Chocolates will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Hoffman’s Chocolates’ express written permission.
12.1. Termination. In its sole discretion, at any time and with or without notice to you, Hoffman’s Chocolates may: (i) suspend, limit your access to, or terminate your use of the Website, the Hoffman’s Chocolates Service, the Content, your User Content, or any part thereof; (ii) suspend, limit your access to, or terminate your account; (iii) remove any of your User Content from Hoffman’s Chocolates’ Website, servers, and directories; and (iv) prohibit you from using the Website and/or the Hoffman’s Chocolates Service.
12.2. Effect of Termination. If you or Hoffman’s Chocolates terminates your use of the Website or the Hoffman’s Chocolates Service, Hoffman’s Chocolates may (but is not obligated to) delete any User Content or other materials relating to your use of the Website or the Hoffman’s Chocolates Service on Hoffman’s Chocolates’ servers or otherwise in its possession. Hoffman’s Chocolates will have no liability to you or any third party for doing so.
a) All disputes arising out of, relating to, or connected with these Terms or your use of or access to any part of the Website (except any claims relating to the intellectual property rights of LCOS or our parents, subsidiaries, affiliates, partners, or licensors, or claims in equity) shall be exclusively resolved under confidential binding arbitration held in Broward County, Florida, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Florida law (without regard for conflicts of law principles). ARBITRATION MEANS THAT AN ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator’s award will be brought in a federal court of the United States District Court for the Southern District of Florida or in a state court located in Broward County, Florida, and each party hereby irrevocably submits to such jurisdiction and venue. Notwithstanding anything to the contrary in this Section 13, Hoffman’s Chocolates may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
(b) You further agree that any dispute over the scope of the arbitration provision in sub-section (a) above and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Procedures then prevailing with the American Arbitration Association.
(c) Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our parents, subsidiaries, affiliates, partners, or licensors, or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction as set forth in Section 16 of these Terms.
(d) You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(e) You agree that you shall not seek or be entitled to: (i) rescission, injunctive, or other equitable relief; or (ii) enjoin or restrain the operation or exploitation of the Website or the Content or any part(s) thereof.
14. Consent to Receive Notices Electronically.
(a) When you use the Website, you consent to receive communications from us electronically. We will communicate with you, at our discretion, by e-mail or by posting notices on the Website. You agree that all notices, agreements, disclosures, and other communications (collectively, “Notices”) that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(c) Except as set forth in Section 7 of the Terms, all notices required or permitted to be given to Hoffman’s Chocolates under these Term will be in writing and delivered to us by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) e-mail. If you give notice to Hoffman’s Chocolates (except under Section 7), you must use the following addresses:
The Hoffman Commercial Group, Inc.
Attn: Customer Service
201 East Las Olas Blvd.
Fort Lauderdale, FL 33301
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at onguardonline.gov and getnetwise.org. Hoffman’s Chocolates does not endorse, support, or approve any of the products or services listed at such sites.
These Terms shall be deemed to have been made and entered into in Broward County, Florida. These Terms will be governed by and construed under the laws of the State of Florida and the United States without regard to rules concerning conflicts of laws. Notwithstanding the arbitration provisions of Section 16 of these Terms, in the event of any lawsuit or other proceeding between Hoffman’s Chocolates and you, jurisdiction and venue for any such lawsuit or proceeding arising out of or related to these Terms and/or any other dispute whatsoever between Hoffman’s Chocolates and you shall lie exclusively within the federal courts in and for the United District Court for the Southern District of Florida and the state courts located in Broward County, Florida. You waive any and all challenges to the jurisdiction and venue set forth herein above. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.
(a) Both Hoffman’s Chocolates and you agree that these Terms are binding upon each party hereto and each of our respective heirs, representatives, successors, and assigns. Any rights or obligations you have under these Terms are not assignable or transferable by you without the prior written consent of Hoffman’s Chocolates.
(b) You acknowledge and agree that these Terms constitute the entire agreement between Hoffman’s Chocolates and you concerning the subject matter herein including, without limitation, your use of the Website and the Content and your submission of User Content, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
(c) We reserve the right, in our sole discretion, to amend these Terms at any time by posting the changes on the Website, which posting shall serve as notice of such change. Any amendments to the Terms will be effective immediately upon posting of the revised Terms to the Website. If you do not agree with the changes made to these Terms, you should no longer use the Website. Your continued use of the Website after such changes to the Terms will constitute your acceptance of such changes. The Effective Date of the current version of the Terms may be located at the top of this page.
(d) We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
(e) Nothing contained in these Terms shall be construed as creating any agency, fiduciary relationship, partnership, employer-employee relationship, or joint venture between us.
(f) Our failure to require your performance of any provision of these Terms shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision of these Terms be a waiver of the provision itself.
(g) In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
(h) The headings in the Terms are for convenience only and shall not be used in the interpretation of these Terms.
(i) If you have any questions regarding these Terms, please e-mail us at email@example.com.