Terms And Conditions | Fort Wayne Chocolate Fountain

Terms of Use

The following Terms of Use apply to your use of this website www.fortwaynechocolatefountain.com, including any content, functionality and services offered herein (collectively “Website”).

Acceptance of Use:
Fort Wayne Chocolate Fountain, Inc. (“FWCF”), is the owner of the Website and has granted to you, the (“User”), a personal, non-exclusive right to use its Website, subject to the terms and conditions contained herein and User’s use of the Website shall be deemed its acknowledgement that it has read the Terms of Use in its entirety and consents to be bound by the terms contained herein and therein and any future modification thereto. FWCF may modify the Terms of Use at any time and in any way it deems fit and without notice. User may only use this Website in conformity with the Terms of Use and FWCF may terminate User’s right and/or ability to use the Website at any time and without notice. At no time is User permitted to copy, reproduce, republish, upload, modify, transmit, or distribute in any way the content contained on the Website.

User:
You are solely responsible for your conduct and your content on the Website and compliance with the Terms of Use. By registering with us or using or browsing this Website, you acknowledge that you have read, understood and agree to be bound by the Terms of Use. This Website is not directed to children and is offered only to users 18 years of age or older. Any person who provides his/her personal information through this Website represents that he/she is 18 years of age or older.
You agree that you will not post, email, submit or make available any content or use this Website:
• in a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
• in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled substances, products or services, or other advertising or marketing activities, any applicable laws, regulations or generally-accepted advertising industry guidelines;
• in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
• in a manner that is defamatory, or in any way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
• in a manner that is harmful to minors in any way;
• in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
• to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Website in any unlawful manner or without authorization;
• to interfere or attempt to interfere with the proper working of this Website or prevent others from using this Website, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Website, or that otherwise negatively affects other persons’ ability to use this Website;
• to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this Website or the content contained therein;
• to facilitate the unlawful distribution of copyrighted content;
• in a manner that includes personal or identifying information about another person without that person’s explicit consent;
• in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Website or to other Users; and
• in a manner that constitutes or contains any form of advertising or about other services, products or commercial interests.

You agree that FWCF, its Website and service provider and publishing partners have the right, in their sole and absolute discretion, to enforce these Terms of Use, including deletion of posts or information, blacklisting/banning Users, or removing access to the Website without prior notice, obligation or liability to you.
By using this Website, you agree that if FWCF blacklists you, you will cease and desist using the Website. If you are blacklisted, and subsequently sign up under new account(s) for the sole purpose of disrupting the Website, you will be liable for damages to FWCF in the amount of fair compensation for time spent by FWCF staff and/or their Website and service provider and publishers in addition to any lost profits or revenues caused by your disruption and costs of collection of these damages, including reasonable attorney fees. Due to difficulty in FWCF assessing these damages and costs, you agree that the minimum damage from the violation of this provision will be $10,000 (without limitation on FWCF’s ability to prove actual damages in excess of this amount).

Disclaimer of Warranty:
FWCP makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Website. FWCF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FWCP HEREBY DISCLAIMS, AND USER HEREBY WAIVES ANY RIGHTS TO RELY UPON ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability: IN NO EVENT SHALL FWCP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY RELATED MATERIALS OR SERVICES, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE OR RELATED MATERIALS OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PARTIES HAVE 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND ITS RELATED SERVICES.

User agrees to defend, indemnify and hold FWCF harmless from and against any and all claims, losses, liability costs and expenses (including, but not limited to, reasonable attorney fees) arising from User’s violation of these Terms of Use or the violation of any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations shall survive any termination of your relationship with FWCF and your use of the FWCF’s Website.

Products for Sale:
FWCF may alter its products that are offered for sale at any time and all prices are subject to change without notice to the User. The prices listed on FWCF’s Website, may or may not contain the most accurate tax rate and/or shipping charges, which are subject to change. FWCF shall try to display the most accurate pictures and coloring of its products that are offered for sale, but due to the nature of the products, they will contain natural variations in size and color. If at any time, our Website reflects an inaccuracy in pricing, we reserve the right to correct the pricing errors, and the User shall pay the accurate amount for the products so purchased.
Miscellaneous:
The Terms of Use constitute the entire agreement between the parties and supersede any prior agreements, whether written or oral, between the parties. Except as specifically set forth in the Terms of Use, the Terms of Use cannot be modified without the express and prior written agreement of FWCF. The Terms of Use may be modified or terminated only by FWCF from time to time in FWCF’s sole and absolute discretion without prior notice to you. No representations or warranties have been made by FWCF except as expressly set forth in the Terms of Use. All prior oral or written negotiations, statements and agreements, if any, are superseded by the Terms of Use. The Terms of Use shall be governed by, construed and enforced in accordance with the internal laws of the State of Indiana. Each party irrevocably consents to any suit, action or proceeding with respect to the Terms of Use being brought in the Circuit or Superior Court of the State of Indiana, in Allen County, Indiana, and in the United States District Court for the Northern District of Indiana. Further, each party irrevocably waives any immunity, defense, motion or objection from the personal jurisdiction of any such court or from any legal process therein. The Terms of Use shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties. You shall not assign the Terms of Use, in whole or in part, to any other party. FWCF shall have the right to engage and utilize sub contractors to perform services. In the event any term or terms of the Terms of Use are considered ambiguous, FWCF shall not be considered the draftsperson for purposes of causing the Terms of Use to be construed against FWCF. The failure of FWCF to require the performance of any provision herein by you shall not be deemed a waiver of future compliance therewith and shall not affect the right of FWCF to require compliance at any time thereafter. Any remedies contained herein for the benefit of FWCF shall be cumulative and not in the alternative. As stated hereinabove, your sole and exclusive remedy is to discontinue using this Website and its related services. If any provision or part of the Terms of Use shall be declared illegal, void, or unenforceable, the remaining provisions shall continue in full force and effect.
By utilizing this Website, you agree to be bound by the Terms of Use without qualification or limitation.