TERMS AND CONDITIONS
Last updated April 07, 2022
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER-GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. SUBMISSIONS
8. SITE MANAGEMENT
9. PRIVACY POLICY
10. TERM AND TERMINATION
11. MODIFICATIONS AND INTERRUPTIONS
12. GOVERNING LAW
13. DISPUTE RESOLUTION
14. CORRECTIONS
15. DISCLAIMER
16. LIMITATIONS OF LIABILITY
17. INDEMNIFICATION
18. USER DATA
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
20. CALIFORNIA USERS AND RESIDENTS
21. MISCELLANEOUS
22. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and ToffeePlus, doing business as
Toffee+ ("Toffee+," “we," “us," or “our”), concerning your access to and use of the
http://www.toffeeplus.com website as well as any other media form, media channel,
mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). We are registered in Texas, United States and have our
registered office at 524 Sheer Bliss Ln, Fort Worth, TX 76114. You agree that by
accessing the Site, you have read, understood, and agreed to be bound by all of
these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF
USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicableTerms every time you use our Site so that you understand which Terms apply. Youwill be subject to, and will be deemed to have been made aware of and to haveaccepted, the changes in any revised Terms of Use by your continued use of the Siteafter the date such revised Terms of Use are posted. The information provided on the Site is not intended for distribution to or use by anyperson or entity in any jurisdiction or country where such distribution or use would becontrary to law or regulation or which would subject us to any registrationrequirement within such jurisdiction or country. Accordingly, those persons whochoose to access the Site from other locations do so on their own initiative and aresolely responsible for compliance with local laws, if and to the extent local laws areapplicable.
Definitions A cottage food production operation is defined as an individual, operatingout of the individual’s home, who: Produces at the individual's home: a baked goodthat is not a time and temperature control for safety food (TCS food); candy; coatedand uncoated nuts; unroasted nut butters; fruit butters; a canned jam or jelly; a fruitpie; dehydrated fruit or vegetables, including dried beans; popcorn and popcornsnacks; cereal, including granola; dry mix; vinegar; pickled fruit or vegetables,including beets and carrots, that are preserved in vinegar, brine, or a similar solutionat an equilibrium pH value of 4.6 or less; mustard; roasted coffee or dry tea; a driedherb or dried herb mix; plant-based acidified canned goods; fermented vegetableproducts, including products that are refrigerated to preserve quality; frozen raw anduncut fruit or vegetables; or any other food that is not a TCS food. Has an annualgross income of $50,000 or less from the sale of the described foods; Sells the foodsproduced directly to consumers; and Delivers products to the consumer at the pointof sale or another location designated by the consumer. Licensing A cottage foodproduction operation is exempt from the requirements of a food serviceestablishment and does not have to comply with the Texas Food EstablishmentRules. Health departments do not have regulatory authority to conduct inspections of a cottage food production operation. However, the Department or local healthauthority has authority to act to prevent an immediate and serious threat to human life or health through emergency order, recall orders and delegation of powers orduties. Health departments are required to maintain records of all complaints againsta cottage food production operation. Requirements and Restrictions An individualwho operates a cottage food production operation must successfully complete abasic food safety education or training program for food handlers accredited underHealth and Safety Code, Chapter 438(D) by January 1, 2014. A cottage foodproduction may not sell to customers potentially hazardous foods. A potentiallyhazardous food (PHF) is a food that requires time and temperature control for safety(TCS) to limit pathogen growth or toxin production. In other words, a food must beheld under proper temperature controls, such as refrigeration to prevent the growth ofbacteria that may cause human illness. A PHF/TCS is a food that: contains protein,moisture (water activity greater than 0.85), and is neutral to slightly acidic (pHbetween 4.6 -7.5). Food produced by a cottage food production operation may besold via the internet or by mail order if the consumer purchases the food through theinternet or by mail-order from the operator and the operator personally delivers thefood to the consumer, and before the operator accepts payment for the food, theoperator provides all labeling information required by the Cottage Food ProductionOperations rules to the consumer by: posting a legible statement on the cottage foodproduction operation's internet website; publishing the information in a catalog; orotherwise communicating the information to the consumer. A cottage food operatormay not sell any foods described under the rules at wholesale. The Department ofState Health Services is in the process of amending the rule, Section 229.661,concerning cottage food production operations.
The Site is intended for users who are at least 18 years old. Persons under the ageof 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code,databases, functionality, software, website designs, audio, video, text, photographs,and graphics on the Site (collectively, the “Content”) and the trademarks, servicemarks, and logos contained therein (the “Marks”) are owned or controlled by us orlicensed to us, and are protected by copyright and trademark laws and various otherintellectual property rights and unfair competition laws of the United States,international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.Except as expressly provided in these Terms of Use, no part of the Site and noContent or Marks may be copied, reproduced, aggregated, republished, uploaded,posted, publicly displayed, encoded, translated, transmitted, distributed, sold,licensed, or otherwise exploited for any commercial purpose whatsoever, without ourexpress prior written permission. Provided that you are eligible to use the Site, you are granted a limited license toaccess and use the Site and to download or print a copy of any portion of the Contentto which you have properly gained access solely for your personal, non-commercialuse. We reserve all rights not expressly granted to you in and to the Site, the Contentand the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: ( 1 ) you have the legal capacityand you agree to comply with these Terms of Use; ( 2 ) you are not a minor in thejurisdiction in which you reside ; ( 3 ) you will not access the Site through automated ornon-human means, whether through a bot, script, or otherwise; ( 4 ) you will not usethe Site for any illegal or unauthorized purpose; and ( 5 ) your use of the Site will notviolate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Site (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which wemake the Site available. The Site may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile,directly or indirectly, a collection, compilation, database, or directory withoutwritten permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of theSite, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Site and/or the Contentcontained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harmanother person.
Make improper use of our support services or submit false reports of abuse ormisconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenanceof the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username ofanother user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up apart of the Site.
Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or othersoftware.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/oremail addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated means orunder false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Siteand/or the Content for any revenue-generating endeavor or commercialenterprise.
Use the Site to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
5. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with theopportunity to create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Site, including but not limited to text,writings, video, audio, photographs, graphics, comments, suggestions, or personalinformation or other material (collectively, "Contributions"). Contributions may beviewable by other users of the Site and through third-party websites. As such, anyContributions you transmit may be treated in accordance with the Site Privacy Policy.When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will notinfringe the proprietary rights, including but not limited to the copyright, patent,trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights,consents, releases, and permissions to use and to authorize us, the Site, andother users of the Site to use your Contributions in any manner contemplatedby the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion anduse of your Contributions in any manner contemplated by the Site and theseTerms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third-party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of well-being.minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
6. CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and yourchoices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that wecan use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site. Youare solely responsible for your Contributions to the Site and you expressly agree toexonerate us from any and all responsibility and to refrain from any legal actionagainst us regarding your Contributions.
7. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Site ("Submissions") provided by you tous are non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled to the unrestricteduse and dissemination of these Submissions for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you. You hereby waive allmoral rights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in your Submissions.
8. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations ofthese Terms of Use; (2) take appropriate legal action against anyone who, in our solediscretion, violates the law or these Terms of Use, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof; (4) inour sole discretion and without limitation, notice, or liability, to remove from the Site orotherwise disable all files and content that are excessive in size or are in any wayburdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
9. PRIVACY POLICY
We care about data privacy and security. Please review our PrivacyPolicy: https://app.termly.io/builder/websites/6b5cd444-cab9-4e55-af16-66558e68e5b0/documents/1805616/website%20content/privacy%20policy . Byusing the Site, you agree to be bound by our Privacy Policy, which is incorporatedinto these Terms of Use. Please be advised the Site is hosted in the United States . Ifyou access the Site from any other region of the world with laws or otherrequirements governing personal data collection, use, or disclosure that differ fromapplicable laws in the United States , then through your continued use of the Site, youare transferring your data to the United States , and you agree to have your data transferred to and processed in the United States .
10. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON ORFOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMSOF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OURSOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.
11. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Site. We also reserve the right to modifyor discontinue all or part of the Site without notice at any time. We will not be liable toyou or any third party for any modification, price change, suspension, ordiscontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related to theSite, resulting in interruptions, delays, or errors. We reserve the right to change,revise, update, suspend, discontinue, or otherwise modify the Site at any time or forany reason without notice to you. You agree that we have no liability whatsoever forany loss, damage, or inconvenience caused by your inability to access or use theSite during any downtime or discontinuance of the Site. Nothing in these Terms ofUse will be construed to obligate us to maintain and support the Site or to supply anycorrections, updates, or releases in connection therewith.
12. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed inaccordance with the laws of the State of Texas applicable to agreements made andto be entirely performed within the State of Texas , without regard to its conflict of lawprinciples.
13. DISPUTE RESOLUTION
Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claimrelated to these Terms of Use (each "Dispute" and collectively, the “Disputes”)brought by either you or us (individually, a “Party” and collectively, the “Parties”), theParties agree to first attempt to negotiate any Dispute (except those Disputesexpressly provided below) informally for at least three hundred sixty five (365) daysbefore initiating arbitration. Such informal negotiations commence upon written noticefrom one Party to the other Party.
Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, theDispute (except those Disputes expressly excluded below) will be finally andexclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURTAND HAVE A JURY TRIAL. The arbitration shall be commenced and conductedunder the Commercial Arbitration Rules of the American Arbitration Association("AAA") and, where appropriate, the AAA’s Supplementary Procedures for ConsumerRelated Disputes ("AAA Consumer Rules"), both of which are available at the AAA
website: www.adr.org . Your arbitration fees and your share of arbitrator compensationshall be governed by the AAA Consumer Rules and, where appropriate, limited bythe AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision inwriting, but need not provide a statement of reasons unless requested by eitherParty. The arbitrator must follow applicable law, and any award may be challenged ifthe arbitrator fails to do so. Except where otherwise required by the applicable AAArules or applicable law, the arbitration will take place in Tarrant , Texas . Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment onthe award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Tarrant , Texas , and the Parties hereby consent to, and waive all defenses of lack of personaljurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts . Application of the United Nations Convention on Contractsfor the International Sale of Goods and the Uniform Computer InformationTransaction Act (UCITA) is excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site becommenced more than one (1) years after the cause of action arose. If this provisionis found to be illegal or unenforceable, then neither Party will elect to arbitrate anyDispute falling within that portion of this provision found to be illegal orunenforceable, and such Dispute shall be decided by a court of competentjurisdiction within the courts listed for jurisdiction above, and the Parties agree tosubmit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for any Dispute tobe arbitrated on a class-action basis or to utilize class action procedures; and (c)there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations and binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
14. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and variousother information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, withoutprior notice.
15. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREETHAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLERISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE ANDYOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITEAND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OFTRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJANHORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANYCONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOTWARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTYTHROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE ORMOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.
16. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1.00 USD .CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOWLIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONOF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OFTHE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, ANDYOU MAY HAVE ADDITIONAL RIGHTS.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, fromand against any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of: ( 1 )use of the Site; ( 2 ) breach of these Terms of Use; ( 3 ) any breach of yourrepresentations and warranties set forth in these Terms of Use; ( 4 ) your violation ofthe rights of a third party, including but not limited to intellectual property rights; or ( 5 )any overt harmful act toward any other user of the Site with whom you connected viathe Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required toindemnify us, and you agree to cooperate, at your expense, with our defense of suchclaims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
18. USER DATA
We will maintain certain data that you transmit to the Site for the purpose ofmanaging the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible forall data that you transmit or that relates to any activity you have undertaken using theSite. You agree that we shall have no liability to you for any loss or corruption of anysuch data, and you hereby waive any right of action against us arising from any suchloss or corruption of such data.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agreethat all agreements, notices, disclosures, and other communications we provide toyou electronically, via email and on the Site, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OFELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature ordelivery or retention of non-electronic records, or to payments or the granting ofcredits by any means other than electronic means.
20. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the California Department ofConsumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
21. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or inrespect to the Site constitute the entire agreement and understanding between youand us. Our failure to exercise or enforce any right or provision of these Terms of Useshall not operate as a waiver of such right or provision. These Terms of Use operateto the fullest extent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable for any loss,damage, delay, or failure to act caused by any cause beyond our reasonable control.If any provision or part of a provision of these Terms of Use is determined to beunlawful, void, or unenforceable, that provision or part of the provision is deemedseverable from these Terms of Use and does not affect the validity and enforceabilityof any remaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and us as a result of these Terms of Use oruse of the Site. You agree that these Terms of Use will not be construed against usby virtue of having drafted them. You hereby waive any and all defenses you mayhave based on the electronic form of these Terms of Use and the lack of signing bythe parties hereto to execute these Terms of Use.
22. CONTACT US
In order to resolve a complaint regarding the Site or to receive further informationregarding use of the Site, please contact us at:
ToffeePlus
524 Sheer Bliss Ln
Fort Worth , TX 76114
United States
Phone: 8173665292
These terms of use were created using Termly's Terms andConditions Generator .
Copyright © 2022 toffeeplus, toffee+ - All Rights Reserved.
THIS FOOD IS MADE IN A HOME KITCHEN AND IS NOT INSPECTED BY THE DEPARTMENT OF STATE HEALTH SERVICES OR A LOCAL HEALTH DEPARTMENT.
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