The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Customer", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Chocolate Haus”, "The Company", “The Site”, “Website”, “Ourselves”, “We” and "Us", refers to the to the owner of the website whose registered office is 4521 220th Trail, Amana, Iowa, our Company,. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Only authorized employees within the company on a need-to-know basis only use information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The United State Congress has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with an intent to prosecute and/or take civil proceedings to recover damages against those responsible.
Customer records are regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so to the appropriate authorities. Customers have the right to request sight of and copies of any and all Customer Records we keep, providing we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Customers with appropriate written information, fliers, or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be within the provision of agreed services and products.
License and Website Access
The Chocolate Haus grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Chocolate Haus.
This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Chocolate Haus. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Chocolate Haus and its affiliates without express written consent of The Chocolate Haus. You may not use meta-tags or any other hidden text using The Chocolate Haus name or trademarks without the express written consent of The Chocolate Haus. Any unauthorized use will immediately terminate the license granted by The Chocolate Haus.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Chocolate Haus so long as the link does not portray The Chocolate Haus or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by The Chocolate Haus in its sole discretion. You may not use any The Chocolate Haus logo or other proprietary graphic or trademark as part of the link without express written permission of The Chocolate Haus. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by "deep linking" or otherwise, without prior written permission from The Chocolate Haus.
By using the Website, you agree not to violate or attempt to violate the security of the Website including but not limited to actions like accessing data not intended for you; logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.
Disclaimer of Warranties and Limitations on Liability
The Chocolate Haus provides this Website on an "as-is" and "as available" basis. To the maximum extent permitted by law, The Chocolate Haus disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, as to the operation of the Website. This disclaimer and exclusion also applies to the information, content, third-party content, materials, products, services, or linked services provided on or through the Website, including without limitation:
The information provided through the Website will be free from error, omission, interruption, defect or delay in operation, or from technical inaccuracies or typographical errors;
Excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third party, including any inaccuracies or omissions in this website and/or the Company’s literature; neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
That the Website will be available at any particular time or location;
That the defects or errors in service will be corrected; or
That the content on the Website is free from viruses or other harmful components.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
You expressly agree that your use of this Website is at your sole risk. In no event will The Chocolate Haus, or any party involved in creating, producing, or delivering the Website, be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the Website or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to The Chocolate Haus through the Website; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages. Certain states or jurisdictions 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 and you may have additional rights.
Accounts and Passwords
If you create an account for using any of the services or features available on the Site, you are responsible for all use of your username and/or password and must keep these details secure.
The Company may close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) which disrupt any of our Services or is an attempt to hide the use of multiple accounts. If you use multiple logins for the purpose of disrupting the Site or other users you may have action taken against all of your accounts.
The Chocolate Haus attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the Website are complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.
We make every effort to display as accurately as possible the colors of our products that appear on the Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.
Risk of Loss
All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with or controlled by The Chocolate Haus. Title to products purchased on the Website, as well as the risk of loss for such products, pass to you when The Chocolate Haus delivers these items to the carrier.
Termination of Agreements and Refunds Policy
Both the Customer and The Chocolate Haus have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Availability Unless otherwise stated, the services featured on this Website are only available within the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns, and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.
Links from this website We do not monitor or review the content of other party’s websites which are linked to from this Website. Opinions expressed or material appearing on such websites is not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices or content of these sites. We encourage our users to be aware when they leave our Site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this Site or accessed through this Site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information. Any rights, claims or actions you may have in respect of a linked site can only be brought directly against the owners or operators of the linked site. The Company may receive payments and/or commissions from owners or operators of linked sites and you will not have any claims, benefits or rights on these payments.
Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to the Company’s Services and the full content of this Website. This content includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
The Chocolate Haus
The Chocolate Haus's logo is a trademark of The Chocolate Haus in the United States and other countries. The brand names and specific services of The Chocolate Haus featured on this web site are also trademarks. All trademarks reproduced in this Website, which are not the property of or licensed to the operator, are acknowledged on the Website.
You may use our content for your personal, non-commercial purposes, such as to obtain information about Products and/or place an order for Products using this Site. Except where the law expressly allows, you may not use, reproduce, modify, distribute, post, transmit, distribute, publish or create derivative works from, or use for any commercial purpose, any part of Our Content.
Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.
The Chocolate Haus reserves all other rights not expressly granted.
All content appearing on this Website is the property of:
The Chocolate Haus
4521 220th Trail
Notice of Copyright or Trademark Infringement
The Chocolate Haus respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes infringement, please provide The Chocolate Haus with the following information: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material on the Website that is requested to be removed; (3) your name, address, and daytime telephone number, and an valid email address, so that The Chocolate Haus may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
We have several different e-mail addresses for different queries. These and other contact information, can be found on the Contact Us link on our Website or via Company literature or via the Company’s stated telephone, facsimile, or mobile telephone numbers.
We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us, whether through the Website, email, facsimile, U.S. mail or other means, shall be and remain the exclusive property of The Chocolate Haus. Your submission of any comments shall constitute an irrevocable assignment to The Chocolate Haus of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments. The Chocolate Haus and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
In the event you submit any content such as ideas, photographs or works of authorship in connection with any contest, sweepstakes or promotion, in consideration of your entry you will, by your submission, be deemed to have assigned to us all right, title and interest in the content you may have and you agree to execute any further documentation to effect or memorialize the transfer.
We may edit or delete any content provided by you at any time at our sole discretion. Further, we may screen or monitor submitted content for legal or other purposes, though we have no obligation to do so.
You may be able to upload and publish materials to or through the Site, including text, images, information, comments and other data via email, comment, post, blog, inquiry, or other means (Content). You create and provide us with Your Content at your own risk and you are personally responsible and liable for Your Content. By uploading and publishing Your Content, you acknowledge that it does not contain any confidential information and may be seen by others.
The Company has discretion of the use of Your Content on the Site. We are not obliged to use, maintain or display Your Content on the Site. If we do use Your Content we may use it to publicize and promote us and the Site. You are not entitled to any payment from us for Your Content or our use of it.
Prohibitions on Your Content
Your Content must not include anything which:
(a) You do not have the right to disclose under law or an obligation you have to a third party (such as confidentiality agreements);
(b) Reveals your or another person’s identity or sensitive information, such as names, email addresses, phone numbers or addresses;
(c) Infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or
(d) Is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal.
If you fail to abide by these prohibitions on your content, you may receive an email from The Company informing you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include any Content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of the Site.
Our use of Your Content
By submitting Your Content through the Site, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive license to use in any way, part or all of Your Content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorize others to do so. The Company, our successors, assignees and licensees may do or omit to do anything to your Content which may infringe your moral rights in Your Content, including editing, altering and reproducing Your Content in any manner or context, in perpetuity throughout the world.
Monitoring, modification and removal of Content
We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with your Content or User Content including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on the Site.
We may, but have no obligation to, amend, supplement, delete or update Our Content (defined below), your Content or User Content, without notifying you and at our sole discretion. However, we may remove any defamatory, misleading, false, offensive or otherwise illegal material (including in your Content) that we become aware of without notifying you.
Notification of Changes
Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Liability and indemnity
To the extent permitted by law, The Chocolate Haus and its directors, officers, employees, agents and contractors exclude all liability to you in connection with the Site. You indemnify and hold us harmless for any and all claims, loss or damage however arising (whether in negligence or otherwise) in connection with:
(b) Your use, misuse of reliance on the Site, Our Content, User Content or Linked Sites;
(c) Your Content, including its use, misuse or misappropriation; or
(d) Any other acts or omissions by you.
The Chocolate Haus may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.
If any provision of these Terms is held to be void, invalid, unlawful or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Transfer and Assignment
If The Chocolate Haus merges with, sells to or otherwise changes control of its business or the Site, we may, without notice or consent, transfer or assign to a third party, personal information, content and rights that The Chocolate Haus has collected from you and any agreements it had made with you in connection with your use of the Site.
If you have any questions about these Terms, please contact us.