Terms and Conditions of Web Site Usage
Please Read Carefully
By accessing this site (the "Site"), you agree to the following Terms and Conditions. If you do not agree, you should exit the site and not use it further. Godiva Chocolatier, Inc. (“Godiva”) reserves the right to revise these Terms and Conditions at any time by updating this posting, and also to modify or terminate any products, services, software, applications or features on the Site at any time. All products, services, software, applications or features available on or through this Site are subject to these Terms and Conditions, including but not limited to the EXCLUSION OF WARRANTIES and Limitations of Liability below.
Limitations on Use
You may browse the Site, use its applications and features, and you may download material displayed on the Site, all for non-commercial, personal use only. You may not remove any copyright, trademark or other proprietary notices from materials you download. Nor may you distribute, modify, transmit, reuse, re-post, or use any material from the Site for public or commercial purposes. These limitations apply to all material on the Site, including but not limited to the text, applications, computer code, images, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of Godiva and/or its contributors. Unless otherwise noted, all material on the Site is copyrighted. Copyright violation is a serious offense, punishable by civil and criminal penalties.
Limitations on Liability
ALL INFORMATION AND FUNCATIONALITY ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GODIVA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILIY, TIMELINESS AND PERFORMANCE OF ANY SERVICES, APPLICATIONS, FEATURES, INFORMATION OR ADVICE ON THE SITE OR THROUGH ANY LINKS TO THE SITE.
Neither Godiva nor any other party involved with the Site shall be liable for any direct, indirect incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses. Godiva's maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you paid to Godiva for any products which you purchased and paid for through this Site. By using the Site, you agree to release and hold harmless Godiva, its affiliates, officers, directors and employees from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Site or any materials downloaded from this Site. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are the Trademarks of Godiva, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Site without the written permission of Godiva or the third party that may own the relevant material.
Intellectual Property Infringement Claims
Godiva will respond as quickly as practical to any claims that infringing material appears on the Site, including investigating any such claims and taking any appropriate action under applicable laws, including but not limited to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. We may terminate access for any person who is a repeat infringer. Notices of alleged infringement should be sent to:
Registered Copyright Agent
Godiva Chocolatier, Inc.
333 West 34th Street, 6th Floor
New York, New York 10001
Godiva reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions, including but not limited to terminating access to the Site. Any failure by Godiva to enforce any of its rights hereunder shall not be deemed a waiver of such rights or of any other rights.
These terms and conditions are governed by the laws of the State of New York, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating hereto or to any use of this Site shall be resolved exclusively in the State or Federal Courts located in the State of Connecticut, and you and Godiva both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this Site is made available only to provide information about Godiva and its products and services. Godiva controls and operates this Site from its headquarters in New York, NY USA, and makes no representation or warranty that materials in the Site are appropriate or available for use in any other jurisdiction. If you use this Site from elsewhere, you are responsible for compliance with all applicable local laws.