1. ACCEPTANCE OF TERMS
2. OWNERSHIP OF THE SITES AND ACCESS LICENSE
Ghirardelli owns or has been licensed by third parties to use, all rights, titles, and interest in and to the Sites, 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, and the compilation, collection, design, collection, design, selection, and arrangement thereof (collectively, the "Content"), as well as the design, structure, selection, coordination, expression, "look and feel", and arrangement of such Content. "Content" does not include any Third Party Materials (as defined below) or any features or services made available through third party websites.
3. PRIVACY NOTICE
Privacy Notice governs our use of your Personal Information. You may review the latest version of our Privacy Notice at www.Ghirardelli.com/privacy-policy
4. USE OF THE SITES
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 will be true, accurate and complete.
Further, you agree you will not do or attempt to do the following in connection with the Sites:
o Use the Sites for any unlawful, unauthorized, fraudulent or malicious purpose, or any purpose other than as intended;
o Transmit any data or 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 transmit;
o 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;
o 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;
o Use any of Ghirardelli's communication features in a manner that adversely affects the availability of its resources to other users (e.g. excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
o Upload or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, commercial or otherwise;
o Violate any applicable local, state, national or international law;
o Probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems;
o 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;
o Cause the Sites or any Content to be displayed in any way that is disparaging to Ghirardelli otherwise imply or state that any type of relationship or special arrangements exist with Ghirardelli and any other entity without Ghirardelli’s consent;
o Use any logo or trademark of Ghirardelli as a hyperlink “button”, or in any other manner, without Ghirardelli’s express prior written consent;
o Harvest or otherwise collect information about others, including e-mail addresses;
o 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;
o Attempt to gain any unauthorized access to the Sites, including any associated computer systems, software, or networks, or use the Sites in a way that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; or
o Use any robot, spider, scraper, or other automated or manual means to access the Sites, or copy any Content or information thereon.
7. ELECTRONIC COMMUNICATION
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 ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, 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 SITE IS ACCURATE, CURRENT, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE, THAT IT IS OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. 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 WEBSITE.
9. LIMITATION OF LIABILITY
11. LINKED WEBSITES
Certain hyperlinks may be provided on the Sites 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.
12. DISCLAIMER OF THIRD PARTY INFORMATION
To the extent that any information, material, or functionality on the Sites 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..
14. GOVERNING LAW/JURISDICTION/CLAIMS LIMITATION
15. CONTACT US
This website is operated by or on behlaf of Ghirardelli, registered in the United States under EIN953451829 and located at Ghirardelli Chocolate Company, 1111 139th Avenue, San Leandro, CA 94578. If you have any questions regarding these Terms and Conditions, please contact us via our online form on our Contact Us page or write to us at the address mentioned above.
UPDATED: OCTOBER 15, 2018