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This web site ("THE CHOCOLATE MOOSE") which is operated by THE CHOCOLATE MOOSE is comprised of various
web pages which are offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of THE CHOCOLATE MOOSE web site constitutes your
agreement to all such terms, conditions, and notices. Additionally, THE CHOCOLATE MOOSE web site may
contain additional terms that govern particular features or offers (for example, giveaways or
promotions). In the event that any of the terms, conditions, and notices contained herein conflict with
the additional terms or other terms and guidelines contained within any particular CHOCOLATE MOOSE
promotion, then these terms shall control
These terms and conditions are applicable to you upon your accessing the site and/or completing the
registration or shopping process. These terms and conditions, or any of them, may be modified or
terminated by THE CHOCOLATE MOOSE without notice at any time for any reason. The provisions relating to
Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration
and General, shall survive any termination.
PLEASE READ THE FOLLOWING TERMS and CONDITIONS AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "site").
By accessing or using this site, you agree to these terms of use, conditions and all applicable laws.
If you do not agree to these terms you may not use this site.
Modification of these Terms and Conditions
THE CHOCOLATE MOOSE reserves the right to change the terms, conditions, and notices under which
THE CHOCOLATE MOOSE web site is offered, including but not limited to the charges associated with the
use of THE CHOCOLATE MOOSE web site. You are responsible for regularly reviewing these terms and
conditions.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, THE CHOCOLATE MOOSE web site is for your personal and noncommercial use.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products or services obtained from
THE CHOCOLATE MOOSE web site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific
material, electronically copy, download and print hard copy portions of the material from the different
areas of the site solely for your own noncommercial use, or to place an order with THE CHOCOLATE MOOSE
or to purchase THE CHOCOLATE MOOSE products. Any other use of materials on this site, including but not
limited to the modification, reproduction, distribution, republication, display or transmission of the
content of this site, without prior written permission of THE CHOCOLATE MOOSE is strictly prohibited.
Harassment in any manner or form, via e-mail, which includes obscene or abusive language, is strictly
forbidden. Impersonation of others, including a CHOCOLATE MOOSE employee, host, or representative or
other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise
publish through or about the site any content which is libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may
constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to
liability or violate any law. You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online service or other organization.
Copyrights and Trademarks
The entire content included in this site, including but not limited to text, design, graphics,
interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work
under the United States and other copyright laws, and is the property of THE CHOCOLATE MOOSE.
The collective work includes works that are licensed to THE CHOCOLATE MOOSE. All trademarks, service
marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are
proprietary to THE CHOCOLATE MOOSE, or other respective owners that have granted THE CHOCOLATE MOOSE
the right and license to use such Marks.
Typographical Errors
In the event a CHOCOLATE MOOSE product or service is listed at an incorrect price due to typographical
error or error in pricing information received from our suppliers, THE CHOCOLATE MOOSE shall have the
right to refuse or cancel any orders placed for product or service listed at the incorrect price.
THE CHOCOLATE MOOSE shall have the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, THE CHOCOLATE MOOSE shall issue a credit to your credit card
account in the amount of the incorrect price.
Third-Party Links
In an attempt to provide increased value to our visitors, this site may contain links to other sites
on the internet that are owned and operated by third party vendors and other third parties
(the "External Sites"). However, even if the third party is affiliated with THE CHOCOLATE MOOSE, THE
CHOCOLATE MOOSE has no control over these linked sites, all of which have separate privacy and data
collection practices, independent of THE CHOCOLATE MOOSE. THE CHOCOLATE MOOSE has no responsibility or
liability for these independent policies or actions and is not responsible for the privacy practices or
the content of such web sites. These linked sites are only for your convenience and therefore you access
them at your own risk. Links do not imply that THE CHOCOLATE MOOSE sponsors, endorses, is affiliated
with or associated with, or has been legally authorized to use any trademark, trade name, service mark,
design, logo, symbol or other copyrighted materials displayed on or accessible through such External
Sites. Nonetheless, THE CHOCOLATE MOOSE seeks to protect the integrity of its site and the links placed
upon it and therefore requests any feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).You should contact the site administrator or Webmaster for
those External Sites if you have any concerns regarding such links or the content located on such
External Sites.
Disclaimer
THE CHOCOLATE MOOSE makes no warranties or representations about the accuracy or completeness of this
site's content or the content of any External Sites.
THE CHOCOLATE MOOSE does not filter advertisements or other content that children may view through our
linked External Sites, and they could receive content and materials from the internet and/or advertising
that are inappropriate for children. We encourage parents and guardians to spend time online with their
children and to consider using internet filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER
EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CHOCOLATE MOOSE
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS,
AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE CHOCOLATE MOOSE DOES NOT
REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THE CHOCOLATE MOOSE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY,
ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL THE CHOCOLATE MOOSE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE CHOCOLATE MOOSE
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR
PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless THE CHOCOLATE MOOSE, its officers, directors,
employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your internet account (including negligent or wrongful
conduct), by you or any other person accessing the site using your internet account.
Applicable Laws
Your use of this site shall be governed in all respects by the laws of the state of Michigan, U.S.A.,
without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly
or indirectly arising out of or relating to this site (including but not limited to the purchase of
THE CHOCOLATE MOOSE products) shall be in the state or federal courts located in Oakland County,
Michigan. Any cause of action or claim you may have with respect to the site (including but not
limited to the purchase of THE CHOCOLATE MOOSE products) must be commenced within one (1) year after the
claim or cause of action arises. THE CHOCOLATE MOOSE's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties nor trade practice shall act to
modify any of these terms and conditions. THE CHOCOLATE MOOSE may assign its rights and duties under
this Agreement to any party at any time without notice to you.
THE CHOCOLATE MOOSE makes no representation that materials in the site are appropriate or available
for use in other locations and those who choose to access this site from locations outside Michigan do
so on their own initiative and are responsible for compliance with applicable local laws. You may not
use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the
materials shall be governed by the internal substantive laws of the State of Michigan.
Arbitration
By using this site, you agree that THE CHOCOLATE MOOSE, at its sole discretion, may require you to
submit any disputes arising from the use of this site, or these terms and conditions concerning or,
including disputes arising from or concerning their interpretation, violation, nullity, invalidity,
non-performance or termination, as well as disputes about filling gaps in this contract or its
adaptation to newly arisen circumstances, to final and binding arbitration under the International
Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in
accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed
by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall
include no injunction or direction to any party other than the direction to pay a monetary amount.
Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages
not measured by the prevailing party's actual damages in any arbitration initiated under this section,
except as may be required by statute.
General
THE CHOCOLATE MOOSE may revise these terms and conditions at any time by updating this posting.
You should visit this page from time to time to review the then-current terms because they are binding
on you. Certain provisions of these terms may be superseded by expressly designated legal notices or
terms located on particular pages at this site.
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