PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS (“T&C”) MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE T&C. IF YOU DO NOT ACCEPT THESE T&C, THEN DO NOT USE THE SITE.
Cocoa-enterprises.com (“Site”) is owned by Cocoa Enterprises, Inc. (“Cocoa”) and is currently provided free of charge to users who agree to abide by these T&C. Cocoa reserves the right to change the nature of this relationship at any time, and to revise these T&C from time to time as Cocoa sees fit. Users who violate these T&C will have their access canceled and they may permanently be banned from using the Site. Users should check these T&C periodically. By using the Site after we post changes to these T&C, you agree to accept those changes, whether or not you actually reviewed them.
USERS/PARTICIPANTS
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.
COOKIES
“Cookies” are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a Web site. Cocoa uses cookies to enhance your shopping experience with us. Cookies are used to keep track of your shopping cart and to save your password so you do not have to re-enter it each time you visit the Site. To learn more about how we protect customer information, please review our Privacy Statement.
COPYRIGHTS, TRADEMARKS & RESTRICTIONS
The material included herein, including site design, text, graphics and the selection and arrangement thereof are copyrighted © by Cocoa Enterprises, Inc. ALL RIGHTS RESERVED. Cocoa-enterprises.com®, Cocoa®, other trademarks and all page headers, custom graphics and custom icons are service marks and trademarks of Cocoa Enterprises, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the “Materials”) are the property of Cocoa and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Cocoa and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any Materials from the Site (or any other Web site owned or operated by Cocoa Enterprises, Inc. or its subsidiaries or affiliates) without Cocoa’s prior written permission. However, you may print in hard copy portions of the Site with the sole intent of placing an order with Cocoa or applying for credit. Printing Materials for any other reason, or transferring Materials for use on any other Web site, or the modification, distribution or republication of Materials without Cocoa’s prior written permission is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of Cocoa or third parties.
LINKS
Cocoa is not responsible for the content of any unaffiliated Web sites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other Web site accessed from the Site is independent from Cocoa, and Cocoa has no control over the content of that other Web site. In addition, a link to any other Web site does not imply that Cocoa endorses or accepts any responsibility for the content or use of such other Web site. In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Cocoa of that third party or of any product or service provided by a third party.
PRIVACY ISSUES
Cocoa is concerned about privacy matters for its customers. To learn more about how we protect customer information, please review our Privacy Statement.
PRODUCT AND SERVICES INFORMATION
Prices shown on the Site apply only to products on the Site. Price and availability are subject to change without notice.
In order to comply with federal anti-money laundering regulations, we are unable to process gift card orders of more than $2,000.00 in any single transaction.
We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products.
The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.
NOTICE AND TAKE-DOWN PROCEDURES
If you believe any Materials on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take-down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Cocoa’s copyright agent (identified below) and provide the following information:
A clear statement identifying the works or other Materials believed to be infringed.
A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.
Sufficient information about the location of the allegedly infringing Materials so that Cocoa can find and verify its existence.
Your name, telephone number and email address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Cocoa’s agent for notice of copyright issues on the Site can be reached as follows:
Cocoa Enterprises, Inc.
P.O. Box 472022
Charlotte, NC 28247-2022
Attn: Legal Department
with a copy to: General Counsel
(ref: Copyright Infringement)
CONDUCT OF USERS
You agree that you will not: (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or that Cocoa considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus,” “trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while you are using or accessing the Site or in connection with your use of the Site, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
INDEMNITY
By using the Site, you agree to indemnify Cocoa Enterprises, Inc. and the Cocoa Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys’ fees) incurred by them arising out of or relating to your breach or alleged breach of these T&C (including, without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. Cocoa reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
DISCLAIMER, LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY COCOA ON AN “AS IS” AND “AS AVAILABLE” BASIS. COCOA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF THE SITE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COCOA IS NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THE COCOA PARTIES REPRESENTS OR ENDORSES THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION WILL BE AT YOUR SOLE RISK.
NONE OF THE COCOA PARTIES IS RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COCOA PARTIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).
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.
TYPOGRAPHICAL ERRORS
While we make every effort to provide accurate information, inaccuracies or errors may occur, including price information and product specifications. In the unlikely event that there is a typographical error, we will, at our discretion, either contact you for instructions before shipping, or cancel your order and notify you about the cancellation. Cocoa reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
TERMINATION
Cocoa may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including, without limitation, breach of these T&C. In the event these T&C are terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in these T&C will survive termination. In the event that you are unsatisfied with the services provided by Cocoa, your sole remedy is to terminate your use of the Site.
JURISDICTION; DISPUTES
Cocoa operates the Site from its offices within the United States. Cocoa makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations. These T&C will be governed by and construed in accordance with the laws of the State of North Carolina, as it is applied to agreements entered into and performed therein, and excluding: (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce these T&C or matters related to the Site will be brought in either the State or Federal Courts of the State of North Carolina; provided, however, that notwithstanding anything contained in these T&C to the contrary, Cocoa shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Cocoa’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have under these T&C or your use of the Site: (y) must be commenced within one year after the claim or cause of action arises, or such claim or cause of action will be barred; and (z) must be brought individually, and not consolidated as part of a group or class action complaint. If any provision of these T&C is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from these T&C and the remaining provisions of these T&C will remain in force. These T&C constitute the entire agreement between you and Cocoa concerning your use of the Site.
COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Cocoa, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these T&C, please contact us.