Below are the respective terms and conditions for the store area of the Holy Cacao, Inc. Web site.
The Order Online area of the Holy Cacao, Inc. Web site (the “Web Store”) is provided by Holy Cacao, Inc. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THEHOLYCACAO.COM WEBSITE. YOUR USE OF THEHOLYCACAO.COM WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THEHOLYCACAO.COM WEBSITE.
Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on TheHolyCacao.com website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in TheHolyCacao.com website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from TheHolyCacao.com website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on TheHolyCacao.com website. All purchases from TheHolyCacao.com website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from TheHolyCacao.com website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information. We attempt to ensure that information on TheHolyCacao.com website is complete, accurate and current. Despite our efforts, the information on TheHolyCacao.com website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on TheHolyCacao.com website. For example, products included on TheHolyCacao.com website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on TheHolyCacao.com website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of TheHolyCacao.com website. TheHolyCacao.com website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from TheHolyCacao.com website are either the property of, or used with permission by, Holy Cacao, Inc. are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. The contents of TheHolyCacao.com website © 2009, Holy Cacao, Inc. or their respective affiliates and suppliers. All rights reserved. You may not modify the information or materials located on TheHolyCacao.com website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on TheHolyCacao.com website are registered and unregistered trademarks, trade names and service marks of Holy Cacao, Inc. and its affiliates. Other trademarks, trade names and service marks used or displayed on TheHolyCacao.com website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on TheHolyCacao.com website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on TheHolyCacao.com website without the written permission of Holy Cacao, Inc. or such third party owner.
Linking to the TheHolyCacao.com website. Creating or maintaining any link from another Web site to any page on the Web Store without Holy Cacao, Inc.’s prior written permission is prohibited. Running or displaying TheHolyCacao.com website or any material displayed on TheHolyCacao.com website in frames or through similar means on another Web site without Holy Cacao, Inc.’s prior written permission is prohibited. Any permitted links to TheHolyCacao.com website must comply will all applicable laws, rule and regulations.
Third Party Links. From time to time, TheHolyCacao.com website may contain links to Web sites that are not owned, operated or controlled by Holy Cacao, Inc. or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave TheHolyCacao.com website. Neither Holy Cacao, Inc. nor any of its affiliates, service providers or suppliers are responsible for any content, materials or other information located on or accessible from any other Web site. Neither Holy Cacao, Inc.nor any of its affiliates, service providers or suppliers endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from TheHolyCacao.com website, you do so entirely at your own risk.
Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Holy Cacao, Inc. may have at law or in equity, if Holy Cacao, Inc. reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Holy Cacao, Inc. may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from TheHolyCacao.com website of the related materials. Holy Cacao, Inc. will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Holy Cacao, Inc. to disclose the identity of anyone posting such materials.
DISCLAIMERS. YOUR USE OF THEHOLYCACAO.COM WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THEHOLYCACAO.COM WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER HOLY CACAO, INC., NOR ANY OF ITS AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THEHOLYCACAO.COM WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THEHOLYCACAO.COM WEBSITE MAY BE OUT OF DATE, AND NEITHER HOLY CACAO, INC., NOR ANY OF ITS AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THEHOLYCACAO.COM WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HOLY CACAO, INC. HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THEHOLYCACAO.COM WEBSITE.
LIMITATIONS OF LIABILITY. Holy Cacao, Inc. does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing TheHolyCacao.com website or your downloading of any materials, from TheHolyCacao.com website. IN NO EVENT WILL HOLY CACAO, INC., ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THEHOLYCACAO.COM WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THEHOLYCACAO.COM WEBSITE, ANY WEB SITES LINKED TO THEHOLYCACAO.COM WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THEHOLYCACAO.COM WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THEHOLYCACAO.COM WEBSITE.
Revisions to these Terms and Conditions. Holy Cacao, Inc. may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at TheHolyCacao.com website.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Holy Cacao, Inc. to the extent necessary to resolve any inconsistency or ambiguity between them. TheHolyCacao.com website is administered by Holy Cacao, Inc. from its offices in Austin, Texas. These Terms and Conditions will be governed by and construed in accordance with the laws of Travis Country in the state of Texas, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to TheHolyCacao.com website shall be brought only in the courts of Travis County in the State of Texas or the United States District Court of Texas. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination. You or we may suspend or terminate your account or your use of TheHolyCacao.com website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of TheHolyCacao.com website at any time without notice.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our customer service department at 512.851.2253.