Terms & Conditions
The following Terms of Service govern your access to and use of our website (https://wildwestchocolate.com) and any online service owned and controlled by Wild West Chocolate LLC, its subsidiaries, affiliates, and brands (collectively, “Wild West Chocolate,” “us,” “our,” or “we”), that links to these Terms of Service, including all information, features, services, tools, content, brand-specific pages, and other materials available on or through the website or online service (collectively, the “Website”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING AND USING THE WEBSITE. BY VISITING OUR WEBSITE AND/OR PURCHASING SOMETHING FROM US THROUGH THE WEBSITE, YOU ACCEPT THESE TERMS OF SERVICE AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS AND/OR USE OUR WEBSITE.
Wild West Chocolate reserves the right, in our sole discretion, to modify these Terms of Service at any time. If you do not agree to these Terms of Service as modified, you must stop using the Website. Your continued use of the Website following the posting of any changes to these Terms of Service constitutes your acceptance of those changes. These Terms of Service governs any updates to the Website that replace or supplement the original version unless such update is accompanied by separate terms, in which case those terms will govern.
There may also be other terms and conditions that Wild West Chocolate presents to you from time to time in writing (including electronically or by posting through our Website), and your continued use of the Website after those terms become effective shall constitute your acceptance of those new terms. If there is any conflict or inconsistency between these Terms of Service and any such new terms, the new terms will govern and control.
The Website and all references to the Website in these Terms of Service include all of the Website’s content, including its text, graphics, audio, interfaces, software, computer code, features, associated media, data, trademarks, logos, slogans, names of products and services, documentation, and other content (collectively, the “Website Content”), and all updates and modifications to the Website and Website Content.
ONLINE STORE | TERMS OF SALE
General Terms and Conditions
Our Website’s online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you through the Website.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Website.
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
Your use of our Website’s online store and the purchase of products or services through the Website’s online store are subject to all Terms of Service, including these Terms of Sale. A breach or violation of any of these Terms of Service will result in an immediate termination of your access to and use of our Website and online store.
Modifications to Products, Services, and Prices
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Website and online store (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Website, including the online store.
Product/Service Descriptions and Availability
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website’s online store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services, or product/service pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Website (including the online store) will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
You can simply view the Website without any need to register with us.
If you desire to register for an account with Wild West Chocolate, you must submit the following information through the account registration page on the Website: your first and last name, email address, and chosen password (“Account Password”). You may also have the ability to provide additional optional information, such as your telephone number or postal address, which is not required to register for an account but may be helpful to us in providing you with a more customized experience when using the Website, or in enhancing our products. In some instances, additional information may be required in order to provide you with our products and services (for example, your address is required in order to deliver products or services purchased through our Website’s online store). Once you have submitted your account registration information, the Wild West Chocolate administrator shall have the right to approve or reject the requested registration, in the Wild West Chocolate administrator’s sole discretion.
You are responsible for maintaining the confidentiality of your Account Password, and you are responsible for all activities that occur using your Account Password. You agree not to share your Account Password, let others access or use your Account Password or do anything else that might jeopardize the security of your Account Password. You agree to notify us immediately if your Account Password is lost, stolen, if you are aware of any unauthorized use of your Account Password on this Website or if you know of any other breach of security in relation to this Website.
All the information that you provide when registering for an account and otherwise through the Website must be accurate, complete, and up to date. If you create an account, you may change, correct, or remove any information from your account by either (a) logging into your account directly and making the desired changes (if such feature is provided by the Website), or (ii) contacting Wild West Chocolate using the contact information at the end of these Terms of Service requesting that we make the change.
The Website (including all Website Content) is the exclusive property of Wild West Chocolate or Wild West Chocolate’s affiliates and licensors and is protected by copyright, trademark, and other intellectual property laws. Further, you acknowledge and agree that Wild West Chocolate and our affiliates and licensors own the data gathered through the Website.
You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Website Content from the Website in whole or in part, for any public or commercial purpose without prior written consent from Wild West Chocolate. Wild West Chocolate grants you a personal, revocable, limited, non-transferrable, and non-exclusive license to access the Website, and to use the Website Content, solely for personal, internal, and non-commercial purposes. Wild West Chocolate (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.
In the event of a third-party claim that the Website or your possession or use of the Website or Website Content infringes such third party’s intellectual property rights, you and Wild West Chocolate acknowledge that Wild West Chocolate will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. In addition to all other prohibitions set forth in these Terms of Service, you shall not (and shall not permit others to):
If you engage in any of the above activities or otherwise violate these Terms of Service, your right to access and use the Website will terminate effective immediately. In addition, you may be subject to legal action and may be denied future participation in any products or services sold by Wild West Chocolate.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new products, services or features through the Website (including, the release of new tools and resources). Such new features, products, and services shall also be subject to these Terms of Service.
THIRD PARTY LINKS
Certain content, products, and services available via our Website may include materials from third parties.
Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.
SECURITY OF DATA TRANSMISSION AND STORAGE
Except for credit card information transmitted via our Website’s online store, electronic communications and information sent using the Website are not encrypted. You acknowledge that there is a risk that data, including email, electronic communications, personal data, and other information may be accessed by unauthorized third parties when communicated between you and Wild West Chocolate or between you and other parties.
The Website or Website Content may only be used in the United States. Wild West Chocolate makes no representation that the Website or Website Content is appropriate or available for use outside of the United States.
You agree to be bound by any affirmance, assent, or agreement you enter into using the Website. YOU AGREE AND CONSENT TO USE ELECTRONIC SIGNATURES WHICH SHALL HAVE THE SAME FORCE AND EFFECT AS YOUR WRITTEN SIGNATURE. Electronic signatures may take various forms on the Website, including clicking on an “I agree,” “I consent” or other similarly worded “button” or entry field on the Website. Your consent for Wild West Chocolate to use your electronic signature applies to all Wild West Chocolate products and services you may purchase or use in the future.
You agree that Wild West Chocolate may, at our sole discretion, suspend or terminate your access to all or part of the Website or Website Content with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination of your account, your right to use the Website will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
We reserve the right to withdraw or amend the Website or Website Content, and any product, service, or Website Content we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Website Content are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Website Content or to users.
All provisions of these Terms of Service, which by their nature should survive, shall survive termination of these Terms of Service.
DISCLAIMER OF WARRANTIES
THE WEBSITE, WEBSITE CONTENT, AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WILD WEST CHOCOLATE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND THIRD PARTY PARTNERS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, WEBSITE CONTENT, AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WILD WEST CHOCOLATE AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND THIRD PARTY PARTNERS AND SERVICE PROVIDERS PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE WEBSITE, WEBSITE CONTENT, AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WILD WEST CHOCOLATE NOR OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR THIRD PARTY PARTNERS OR SERVICE PROVIDERS, WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, WEBSITE CONTENT, AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE, WEBSITE CONTENT, OR PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE, WEBSITE CONTENT, AND PRODUCTS AND SERVICES.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE WEBSITE, WEBSITE CONTENT, AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE A WEBSITE, WEBSITE CONTENT, AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS WILD WEST CHOCOLATE, OUR AFFILIATES, AND ANY OF OUR/THEIR RESPECTIVE LICENSORS, THIRD PARTY PARTNERS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR USE OR MISUSE OF THE WEBSITE, WEBSITE CONTENT, OR PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE, OR YOUR BREACH OF THESE TERMS OF SERVICE.
GOVERNING LAW | FORUM
Notwithstanding anything to the contrary, these Terms of Service and your relationship with Wild West Chocolate hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law principles. These Terms of Service, as they may be amended from time to time, completely and exclusively state the agreement between you and Wild West Chocolate with respect to the Website and Website Content, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Website or Website Content must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Service or your use of the Website shall be in the state or federal courts located in the State of Delaware. You agree to submit to the jurisdiction of such courts.
If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms of Service and any applicable purchase or other terms, the terms of these Terms of Service shall govern.
These Terms of Service constitute a binding legal agreement between you and Wild West Chocolate. To contact us about these Terms of Service, the Website or Website Content, contact us at: