Terms
of Use
Welcome
to GourmetSugarplums.com (Benjamin Katz Gourmet Sugarplums). If you
visit or shop, at GourmetSugarplums.com, you accept
these terms.
Please
read them carefully.
PRIVACY
Please review our Privacy Policy, which also governs your visit to GourmetSugarplums.com
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit GourmetSugarplums.com or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by other means provided by you.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, and data compilations is the property
of Benjamin Katz Gourmet Sugarplums and is protected by United States and international
copyright laws. The compilation of all content on this site is the exclusive
property of
Benjamin Katz Gourmet Sugarplums and is protected by U.S. and international copyright
laws.
LICENSE AND SITE ACCESS
Benjamin Katz Gourmet Sugarplums grants you a limited license to access and make
personal use of this site and not to download (other than page caching) or modify
it, or any
portion of it, except with express written consent of Benjamin Katz Gourmet Sugarplums.
This license does not include any resale or commercial use of this site or its
contents
or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose. You
may not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form)
of Benjamin Katz Gourmet Sugarplums. You may not use any meta tags or any other "hidden
text" utilizing the Benjamin Katz Gourmet Sugarplums name or trademarks
without the express written consent of Benjamin Katz Gourmet Sugarplums. Any
unauthorized use
terminates the permission
or license granted by Benjamin Katz Gourmet Sugarplums. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of GourmetSugarplums.com
so long as the link does not portray Benjamin Katz Gourmet Sugarplums, or its
mission in a false, misleading, derogatory, or otherwise offensive matter. You
may not use
any Benjamin Katz Gourmet Sugarplums logo or other proprietary graphic or trademark
as part of the link without express written permission except for graphics
provided
for such purpose.
COPYRIGHT COMPLAINTS
Benjamin Katz Gourmet Sugarplums respects the intellectual property of others.
If you believe that your work has been copied in a way that constitutes copyright
infringement,
please notify us in writing.
RISK OF LOSS
All merchandise sold by Benjamin Katz Gourmet Sugarplums is made pursuant to
a shipment contract. This means that the risk of loss and title for such items
pass to you upon our
delivery to the carrier.
MERCHANDISE DESCRIPTIONS
Benjamin Katz Gourmet Sugarplums attempts to be as accurate as possible. However,
Benjamin Katz Gourmet Sugarplums does not warrant that merchandise descriptions
are error-free.
If a product
sold by Benjamin Katz Gourmet Sugarplums itself is not as described, your sole
remedy is to
return it in its original condition.
OTHER BUSINESSES
We provide links to sites of sponsoring companies and certain other businesses,
organizations, and individuals. We are not responsible for examining or evaluating,
and we do not warrant the offerings of, any of these businesses or individuals
or the content of their Websites. Benjamin Katz Gourmet Sugarplums does not assume
any responsibility or liability for the actions, product, and content of all
these and any other
third parties. You should carefully review their privacy statements and other
conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BENJAMIN KATZ
GOURMET SUGARPLUMS
ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING. BENJAMIN KATZ
GOURMET SUGARPLUMS MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BENJAMIN KATZ
GOURMET SUGARPLUMS DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENJAMIN KATZ
GOURMET SUGARPLUMS DOES
NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, OR MATERIALS OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM BENJAMIN
KATZ
GOURMET SUGARPLUMS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BENJAMIN KATZ
GOURMET SUGARPLUMS WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM
ANY INFORMATION, CONTENT, OR MATERIALS, INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting GourmetSugarplums.com you agree that the laws of the state of North
Carolina, without regard to principles of conflict of laws, will govern these
Terms of Use and any dispute of any sort that might arise between you and Benjamin
Katz Gourmet Sugarplums.
DISPUTES
Any dispute relating in any way to your visit to GourmetSugarplums.com or to
products sold by GourmetSugarplums.com in which the aggregate total claim for
relief sought on behalf of one or more parties exceeds $2,500, shall be adjudicated
in any state or federal court in Raleigh, North Carolina, and you consent to
exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our privacy policy. That policy also governs your visit to GourmetSugarplums.com.
We reserve the right to make changes to our site, policies, and these Terms of
Use at any time. If any of these conditions shall be deemed invalid, void, or
for any reason unenforceable, that condition shall be deemed severable and shall
not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Benjamin Katz Gourmet Sugarplums
5225 Banks Haven Court
Raleigh, North Carolina 27603-8957
Phone: 919-662-1850
Website: www.GourmetSugarplums.com
E-mail:
