(Effective Date: November 20, 2014)
Acceptance of Terms
Intellectual Property and Usage Restrictions
The website and all of its content and services, is owned by Nutorious, LLC, and operated Devon’s Chocolates, L.L.C. (“Devon’s”). The product information and images of all content on this Website are the exclusive property of Devon’s or its customers and are protected by U.S. and international copyright laws. You may not copy, reproduce, republish, post, distribute, transmit, or modify or otherwise use in any way any part of the Website without the express prior written consent of Devon’s. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the site; to do so may subject you to legal liability. Devon’s will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.
Devon’s welcomes feedback, questions and comments about its products, services and this Website. As a general policy, Devon’s does not accept unsolicited ideas for products or services through this Website. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to this Website by e-mail or otherwise are and shall remain the sole and exclusive property of Devon’s and may be used by Devon’s for any purpose whatsoever, commercial or otherwise, without compensation to you.
Devon’s attempts to describe the products offered on the site as accurately as possible. However, Devon’s does not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. In the event content on the Website contains incorrect information, or a product is listed at an incorrect price, due to typographical errors, please contact Devon’s using the Contact Us form on the Website so that Devon’s may correct the error.
You do not need to ask permission to link directly to the Website. However, you may not load the Website, or any portion of the website into frames on your Website. Furthermore, by linking to the Website, you cannot imply any partnership, licensee/ licensor or other affiliate relationship between Devon’s and your organization or company. Devon’s, in its sole discretion, reserves the right to prohibit linking to the Website where linking creates consumer confusion, creates or implies false or misleading statements about Devon’s or its products and services, or where such links may injure the business reputation of Devon’s.
The Website may contain links to other websites not owned by or affiliated with Devon’s. Devon’s is not responsible for the content or reliability of the linked websites.
Disclosure and Use of Your Communications
The services and information on this Website are available in the United States and may not be available elsewhere. This Agreement shall be construed in accordance with the Laws of the United States of America, and specifically within the State of Wisconsin. All disputes arising from your use of this Website or under this Agreement shall be resolved in a court located in Waukesha County, Wisconsin, without reference to conflict of laws or choice of laws statutes.
Limited Warranty and Disclaimer of Warranties
Limitation of Liability
DEVON’S SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THIS WEBSITE, OR YOUR USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT HEREOF. IN ADDITION, DEVON’S HAS NO DUTY TO UPDATE THIS SITE, OR THE CONTENT THEREOF, AND DEVON’S SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. FURTHER, DEVON’S IS NEITHER RESPONSIBLE NOR LIABLE FOR YOUR USE OF OTHER WEB SITES THAT YOU MAY ACCESS VIA LINKS WITHIN THIS WEBSITE. THOSE LINKS AND OTHER RESOURCES REFERENCED ON THIS WEBSITE ARE PROVIDED MERELY AS A SERVICE TO USERS, AND INCLUSION IN DEVON’S SITE DOES NOT CONSTITUTE AN ENDORSEMENT BY OR AFFILIATION WITH DEVON’S.
By accessing the Website, you agree that you remain solely responsible for use of the Website, and you agree to indemnify and hold harmless, Devon’s and its agents with respect to any claim based upon misuse of this Website or breach of any terms or conditions of this Agreement.
Reservation of Rights
Devon’s, in its sole discretion, reserves the right to take all action or inaction as allowed by law. If any term, condition, or provision of these Terms and Conditions of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These Terms and Conditions of Use constitute the entire representation made by Devon’s relating to the subject matter herein.
Modifications to Service
Devon’s reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Website or any content contained therein for any reason and at anytime without notice to you. Devon’s is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website.
In the event that this Policy is translated into a different language and such translation conflicts with the English version, the English version of this Agreement shall govern.