Chocolate Prescription, LLC (“Chocolate Prescription”) provides its products and services to you upon the following terms and conditions. Please read them carefully because, if you visit or shop at www.ChocolatePrescription.com, you accept these terms and conditions.
Use of Site Material
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Chocolate Prescription.
Electronic Communications
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your user ID and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Chocolate Prescription of any unauthorized use of your password or account or any other breach of security. If you are under 18, you may purchase products from this site only with involvement of a parent or guardian. Chocolate Prescription and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Risk of Loss
All items purchased from Chocolate Prescription are shipped 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.
Return Policy
We guarantee the arrival of your chocolate in perfect condition when using our recommended method of shipping. Any visible damage requires UPS acknowledgement in writing when possible. You must inform Chocolate Prescription within 24 hours of receiving the shipment and keep ALL packaging and related materials. Any concealed damage also requires notifying Chocolate Prescription within 24 hours.
Copyright and Trademarks
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Chocolate Prescription and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Chocolate Prescription and protected by U.S. and international copyright laws. All software used on this site is the property of Chocolate Prescription or its software suppliers and protected by United States and international copyright laws.
All Chocolate Prescription graphics, logos, tag lines, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Chocolate Prescription. Chocolate Prescription trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by Chocolate Prescription, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Chocolate Prescription. All other trademarks not owned by Chocolate Prescription or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Chocolate Prescription or its affiliates.
Links
Chocolate Prescription has not reviewed any or all of the sites linked to this site and is not responsible for any links to this site. Your linking to any sites from this site is at your own risk. By linking to a site or permitting a link to this site, Chocolate Prescription does not endorse the site operator or the content of the linked site.
Disclaimer of Warranties and Limitation of Liability
While we work very hard to provide you with the most current and accurate information on our Site, we do not warrant that everything you see on this Site is error free or complete. THIS SITE IS PROVIDED BY CHOCOLATE PRESCRIPTION ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHOCOLATE PRESCRIPTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHOCOLATE PRESCRIPTION DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CHOCOLATE PRESCRIPTION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHOCOLATE PRESCRIPTION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Applicable Law
BY VISITING CHOCOLATE PRESCRIPTION, YOU AGREE THAT THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE CONDITIONS OF USE AND ANY DISPUTE OF ANY SORT THAT MIGHT ARISE BETWEEN YOU AND CHOCOLATE PRESCRIPTION OR ITS AFFILIATES.
Mediation and Arbitration
If a dispute arises out of or relates to this Agreement, or if a party alleges any breach or default of this Agreement, the parties shall first, in good faith, attempt to negotiate a settlement of that dispute, breach or default. Except as specifically provided in this Agreement, the parties agree that any dispute or controversy arising out of, relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement shall be submitted to mediation in Plano, Texas by a mediator chosen from names furnished by the Association of Attorney Mediators (“AAM”) in Dallas or Plano, Texas. If the parties cannot agree on a mediator, they will ask AAM to select a mediator not previously chosen by either party. Such a request will be made by both parties only after they have been unable to agree with each other regarding the selection of a mediator for a period of at least 15 days from the date the parties receive the list of possible mediators from AAM. The mediation will be non-binding and will be conducted under the rules of mediation then in effect in the district courts of Collin County, Texas. Each party will make a good faith effort to reach an agreement with the other party. Each party will pay one-half of the mediator’s fee and will pay all of their own attorneys fees and all other costs and expenses. If the mediation does not result in a settlement, the parties agree that the matter in dispute will then be submitted for binding arbitration in Collin County, Texas with the American Arbitration Association (“AAA”) in accordance with the AAA’s commercial arbitration rules then in force. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court of competent jurisdiction. The successful party shall be entitled to recover from the other party for all costs involved in such arbitration, including reasonable attorney’s fees. Notwithstanding the above, if the amount of the dispute or damages relating thereto are $5,000.00 or less, the Parties may file their dispute in the applicable justice of the peace court or small claims court and will not be required to submit the dispute to mediation or arbitration.
Agreement, Modification and Severability
This is the entire agreement between the parties relating to the subject matter. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time without notice. 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.
