Terms & Conditions
Last Updated: March 17, 2023. Please check back periodically for updates or modifications.
Acceptance of Terms
Arbitration; Class Action Waiver; Governing Law; Claim Limitation
Prior to initiating the arbitration, the initiating party will give written notice to the other party of its claim, and the parties will have sixty (60) days to negotiate and attempt to resolve the dispute, after which time unresolved claims may proceed to arbitration in accordance with this section.
You and Ghirardelli will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for its own attorneys’ fees and costs. Notwithstanding the foregoing, if you are an individual consumer, as defined by JAMS, then you will have the right to an in-person arbitration hearing in your hometown area, and Ghirardelli will be responsible for 100% of the costs and fees of the arbitration charged by JAMS after you pay a filing fee similar to the fee for filing a lawsuit in court (but each party will be solely responsible for its own attorneys’ fees and costs).
Ownership of the Sites and the Services and Access License
You understand and agree that Ghirardelli owns or has been licensed by third parties to use, all right, title, and interest in and to the Sites, the Services, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein (collectively, the “Content”), as well as the compilation, collection, design, selection, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features or services made available through third party websites.
You acknowledge that the Sites and Services are proprietary to Ghirardelli and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the Sites or the Services by accessing or using either.
Use of the Sites and the Services
You represent and warrant to Ghirardelli that all information that you provide to us in connection with your access to and use of the Sites and the Services will be true, accurate, and complete.
Further, you agree you will not do or attempt to do the following in connection with the Sites or the Services:
(a) Use the Sites or the Services for any unlawful, unauthorized, fraudulent or malicious purpose, or any purpose other than as intended;
Upload or transmit any data, information, text, software, or other content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, that may invade another’s right of privacy or publicity, infringe upon another’s intellectual property rights, or that you otherwise do not have a right to upload or transmit;
(b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Ghirardelli representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
(c) Use any of the Sites’ or Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., use of all caps or flooding continuous posting of repetitive text);
Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
(d) Violate any applicable local, state, national or international law;
Probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems without Ghirardelli’s consent;
(e) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
Cause the Sites, the Services, or any Content to be displayed in any way that is disparaging to Ghirardelli or otherwise imply or state that any type of relationship or special arrangements exist with Ghirardelli and any other entity without Ghirardelli’s consent;
(f) Use any logo or trademark of Ghirardelli as a hyperlink “button”, or in any other manner, without Ghirardelli’s express prior written consent;
Harvest or otherwise collect information about others, including e-mail addresses;
(g) Copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in or access to the Sites or the Services;
Attempt to gain any unauthorized access to the Sites or the Services, or any of its associated Content, including any associated computer systems, software, or networks, or use the Sites or the Services in a way that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; or
(h) Use any robot, spider, scraper, or other automated or manual means to access the Sites or the Services, or copy any Content or information thereon.
Products Purchased Through the Sites
You agree that purchases of Ghirardelli products through the Sites and Services are for personal use only and are NOT intended for resale to any third parties including other individuals or business entities. You shall not directly or indirectly sell or transfer products purchased through the Sites or Services to any persons or entities that you know or have reason to know intend to resell the products. A violation of this resale prohibition may result in having your online account terminated and any further orders blocked or cancelled.
In order to utilize certain portions of the Sites and the Services, you may need to set up an account (including establishing a login ID and password). You may only establish an account on the Sites and the Services if you are age 18 or older. You are responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Ghirardelli immediately upon learning of any unauthorized access or use of your account, login ID, or password or any other unauthorized access or breach of security. You may not use any other user’s account, login ID, or password at anytime. You may not transfer or assign your account.
Disclaimers of Warranty
The information and materials available through the Sites are for informational and educational purposes only. You acknowledge and agree that your use of the Sites is at your own risk.
THE SITES, THE SERVICES, AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
GHIRARDELLI DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITES, THE SERVICES, OR THE CONTENT ARE ACCURATE, CURRENT, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT THE SITES, THE SERVICES, OR THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS OR THAT THEY WILL OTHERWISE MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE SITES, THE SERVICES, OR THE CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES, THE SERVICES, OR THE CONTENT.
FURTHER, GHIRARDELLI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT. GHIRARDELLI SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SITES OR THE SERVICES.
Limitation of Liability
Certain hyperlinks may be provided on the Sites and the Services that link to other websites or social media platforms which are not under the control of Ghirardelli (the “Linked Websites”). Ghirardelli does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Ghirardelli disclaims all liability arising in connection with such Linked Websites, and makes no representations or warranties with respect to any products or services made available through any Linked Websites. Your use of Linked Websites is subject to the terms and conditions of such Linked Websites.
Disclaimer of Third Party Information
To the extent that any information, material, or functionality on the Sites or the Services is provided by third party content providers (“Third Party Materials”), Ghirardelli has no responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Ghirardelli does not represent or endorse the accuracy or reliability of any information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Ghirardelli.
Ghirardelli may modify, suspend, or terminate your right to use or access all or any part of the Sites or the Services, or any portion thereof, for any reason at any time in its sole discretion and without notice. Ghirardelli may, at any time, modify or discontinue the Sites or the Services, or any portion thereof.
The Sites and the Servicesis Website areis operated by or on behalf of Ghirardelli Chocolate Company, registered in California and located at 1111 139th Avenue, San Leandro, CA 94578. If you have any questions regarding these Terms and Conditions, please contact us via the online form: https://www.ghirardelli.com/contact-us or write to us at the address mentioned above.