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Terms and Conditions

Last Updated: June 22, 2022

These Terms and Conditions ("Terms") applies to SCHARFFEN BERGER CHOCOLATE MAKER, LLC’s (“our,” “we,” “us,” or “Scharffen”) website and online webstore (collectively, “Site”). These Terms, in conjunction with the Scharffen Privacy Policy available at https://www.scharffenberger.com/pages/privacy-policy and incorporated herein by reference, govern all use of the Site.
Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, each user ("you", your" or "user") agree to be bound by these Terms. If you do not agree to all of these Terms, you should not access the Site.

THESE TERMS GOVERNING YOUR USE OF THE SITE INCLUDE A BINDING ARBITRATION PROVISION SET FORTH BELOW WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.

REGISTRATION AND YOUR ACCOUNT
We may require you to register to use certain features of the Site (the “Services”). When you register to use our Services, you must provide complete and accurate information. You agree to maintain your information and update it as appropriate. Your registration and password information are subject to our Privacy Policy.

LICENSE AND SITE ACCESS
Subject to Your compliance with these Terms, Scharffen grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of our Services. This license does not include the right to any resale or commercial use of any Service or the Site contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of our Services or any portion of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by us. None of the Services, nor any part of any the Site, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Scharffen.

CONTENT AND COPYRIGHT, TRADEMARK, AND RELATED ISSUES
The contents, including information, text, images and graphics and all other material contained on the Site or features and functions made available on the Site (collectively, the "Content") are for your personal informational purposes only. The Content is owned by us or other third parties who have licensed their rights in Content to us. You may view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors or other users and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws.

You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without our express prior written consent. You may not use Content in any way not expressly permitted by these Terms. Your right to use the Content will automatically terminate should you use any Content in a manner inconsistent with these Terms. The Content, and the Site generally, are subject to change or termination without advance notice.

The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to Scharffen or have been licensed to Scharffen. Nothing contained on the Website should be construed as granting You any license or right to use any Trademark displayed on the Website. Your use/misuse of the Trademarks displayed on the Website, except as provided in these Terms of Use, is strictly prohibited.

INTENDED AUDIENCE OF SITES
The Site is not directed to users residing in the European Union (EU) or European Economic Area (EEA), or children under the age of 13. As a result, the Site does not request or knowingly collect personal data from individuals residing in the EU/EEA or under the age of 13. If You reside in the EU/EEA or are not 13 or older, you should not visit or use the Site. If we learn that Personal Information (defined in our Privacy Policy) of persons residing in the EU/EEAA or under 13 years of age has been collected on the Site inadvertently or without verified parental consent, we will take appropriate steps to immediately delete such information. Scharffen reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content to the Site or send 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." We reserve the right (but not the obligation) to remove or edit such content, but We do not regularly review posted content.

If you post content or submit material, and unless we indicate otherwise, you grant us a royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant us and our sub licensees 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 of 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 Scharffen for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

LINKING/THIRD PARTY LINKS ON OUR SITE
The Site may contain links to the websites of other third parties. We are not responsible for such third-party websites’ terms of use or privacy policies or how they may treat your information. Your use of third-party websites is at your own risk and subject to the terms of use and privacy policies of such third-party websites.

RETURNS, REFUNDS AND TITLE
We do not take title to returned items until the item arrives at our returns center. At our discretion, a refund may be issued without requiring a return. In this situation, Scharffen does not take title to the refunded item. For more information about our returns and refunds, please see here.

LIMITATION OF LIABILITY
The use of the Site and the Services is at your own risk and is provided "as is." Transmissions over the internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or on the Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, SCHARFFEN DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, AS TO THE WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
CERTAIN STATE LAWS 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 MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES
Any dispute or claim relating in any way to your use of the Site or the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.

Either party may initiate arbitration by providing written notice to the other party. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Scharffen will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Both parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration both parties waive any right to a jury trial. Both parties also agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

LAW THAT APPLIES; INTERPRETATION AND MODIFICATION
These Terms are governed by the substantive laws of the State of Oregon, without respect to its conflict of laws principles. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on the Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.
You expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the State of Wisconsin to adjudicate and resolve any dispute with us, our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or user Content. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF WISCONSIN IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Scharffen that your copyrighted material has been infringed through posting on our Site.
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and e-mail address;
5. A 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
6. 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 the copyright owner's behalf.

Scharffen’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Copyright Agent:
Scharffen Berger Chocolate Maker
1105 Benson Way
Ashland, OR 97520

COMPLETE AGREEMENT
These Terms, including our Privacy Policy, constitute the entire agreement between you and Scharffen regarding the Site and the Services and supersede any and all other terms, representations, promises or discussions.

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted via our "Contact Us" page or via U.S. mail to:

Scharffen Berger Chocolate Maker
1105 Benson Way
Ashland, OR 97520

You may contact us via email at:
Info@ScharffenBerger.com

WE MAY REVISE THESE TERMS OF USE BY UPDATING THIS POSTING AT ANY TIME.