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.
This Policy was last amended on 7/1/13. We may update this Policy from time to time, so we invite you to review this page periodically. When we make changes, we may send an e-mail to you or notify you the next time you log-in, and we will post the updated Policy on this web page. All changes will go into effect on the date that is listed in our Policy. The new Policy will apply to all past and current users of Godiva.com and will replace any prior Policies. By using this website, you consent to the terms of this Policy. 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 must be at least 18 years old to use the Site. 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.
When you visit the Site or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You must be 18 years of age or older to become a Member. When you create an account, you agree you are responsible for maintaining the confidentiality and security of your account. We may disable your account at any time if you violate these Terms. While we work to protect information you provide to us, we do not warrant and cannot ensure the security of any information you transmit to us.
LIMITATIONS ON LIABILITY
THE SITE AND ALL INFORMATION AND FUNCTIONALITY 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, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY SERVICES, APPLICATIONS, FEATURES, INFORMATION OR ADVICE ON THE SITE OR THROUGH ANY LINKS TO THE SITE.
Neither Godiva nor its affiliates and service providers 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. To the extent that any term of this agreement is held inapplicable by a court, the rest of the terms in this agreement shall nevertheless remain in force.
If there is any dispute between us, it is agreed that either of us may elect to have it resolved by binding arbitration administered by the American Arbitration Association under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you may not have access to a court or jury.
LINKS TO THIRD PARTY SITES
This Site may contain links to websites controlled by parties other than Godiva. Godiva may work with certain partners and affiliates whose sites are linked with Godiva. Godiva is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Godiva makes no guarantees about the content or quality of the products or services provided by such sites. Godiva is not responsible for webcasting or any other form of transmission received from any Third Party Site. Godiva is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Godiva of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Godiva is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
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 claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Site copyright agent (“Agent”) the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located ;
Your address, telephone number, facsimile number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
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.
Godiva reserves the right to terminate access to this site for any person at any time. All users must have Java Script enabled in their browser to checkout. 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 to the use of this Site that are not arbitrated 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.
LAST UPDATED: JULY 1, 2013