Conditions of Use
Please read the following Conditions of Use carefully before using this web site (“Site”). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these Conditions of Use and to comply with all applicable laws and regulations. If you do not agree to these Conditions of Use, you may not use this Site. NutcrackerSweete.com reserves the right, at any time, without notice, to modify or update these Conditions of Use, and use of this Site after any change to these Conditions of Use constitutes your acceptance to be bound by such modifications or updates. Users are advised to read these Conditions of Use each time they access the Site for any changes.
Use Of Site
NutcrackerSweete.com grants you a limited, revocable and non-exclusive license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of NutcrackerSweete.com. This license does not include any resale or commercial use of this Site or its content; any collection and use of product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of any other merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and terminates permission or license granted by NutcrackerSweete.com. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by NutcrackerSweete.com. This Site is controlled and operated by NutcrackerSweete.com from its offices within the United States. NutcrackerSweete.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Electronic Communications
When you visit NutcrackerSweete.com or send e-mail to us, you are communicating with us electronically. You consent to receive communications from NutcrackerSweete.com electronically. NutcrackerSweete.com will communicate with you by e-mail or posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Comments, Testimonials, and Suggestions
NutcrackerSweete.com enables site visitors to provide comments, testimonials, and suggestions on the Site. If you submit comments or suggestions to the Site, you grant NutcrackerSweete.com and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, market, distribute, and display such comments, testimonials, and suggestions throughout the world in any media. Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by NutcrackerSweete.com or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, without any compensation to you. Notwithstanding the foregoing, all personal data provided to NutcrackerSweete.com will be handled in accordance with NutcrackerSweete.com’s Online Privacy Notice. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, invasive of privacy, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law, or that NutcrackerSweete.com deems inappropriate in its sole discretion. You also grant NutcrackerSweete.com and its affiliates and sub-licensees the right to use the name that you submit with any review or comment, if any, in connection with such comments, testimonials, and suggestions. You will indemnify NutcrackerSweete.com and its affiliates for any and all claims and liabilities resulting from content you supply. NutcrackerSweete.com has the right, but not the obligation, to monitor and edit or remove any activity or content. NutcrackerSweete.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright
NutcrackerSweete.com holds exclusive property rights to the compilation (meaning the collection, arrangement, and assembly) of all content on this Site and is protected by U.S. and international copyright laws. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of NutcrackerSweete.com or its content suppliers and is protected by U.S. and international copyright laws. All software used on this Site is the property of NutcrackerSweete.com or its software suppliers and protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited. You also may not, without NutcrackerSweete.com's permission, "mirror" any material contained on this Site on any other server.
Trademarks
All trademarks, service marks, brand names, and trade names on this Site are proprietary to NutcrackerSweete.com or other respective owners that have granted NutcrackerSweete.com the right and license to use such trademarks, service marks, brand names, and trade names. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of NutcrackerSweete.com and its affiliates without express written consent. You may not use meta tags or any other "hidden text" utilizing NutcrackerSweete.com's name or trademarks without the express written consent of NutcrackerSweete.com.
Disclaimer of Warranties
NutcrackerSweete.com does not represent or warrant that the information accessible via this Site is accurate, complete, reliable or current. Price and availability information is subject to change without notice. Furthermore, to the maximum extent permitted by law, NutcrackerSweete.com disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.
Limitation On Liability
In no event, including, but not limited to, negligence, shall NutcrackerSweete.com be liable for any direct, indirect, special punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if NutcrackerSweete.com has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from or linked to this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account 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. If you are under 18, you may use NutcrackerSweete.com only with involvement of a parent or guardian.
Order Acceptance
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and conditions published on this Site, or published in any catalog or other advertisement. NutcrackerSweete.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Sites and Linking
This Site may include links to other sites on the Internet that are owned and operated by third party vendors and other third parties ("external sites"). By using the NutcrackerSweete.com Site, you acknowledge that NutcrackerSweete.com is not responsible for the availability of, or the content located on or through, any external site. If you should have any concerns regarding such links or the content located on such external sites, please contact the Webmaster for those external sites directly. NutcrackerSweete.com permits third party links to its Site provided that NutcrackerSweete.com is provided with advance notice of such links and does not thereafter object to such linking. If you would like to link to our Site, you must receive prior written consent from NutcrackerSweete.com. You many contact us at sales@nutcrackersweete.com.
Applicable Law
By visiting NutcrackerSweete.com, you agree that the laws of the state of California shall govern these Conditions of Use, your use of the Site, and any dispute of any sort that might arise between you and NutcrackerSweete.com or its affiliates, without regard to conflicts of law. Please review our other policies, such as our Online Privacy Notice, posted on this Site. These policies also govern your use of the Site. NutcrackerSweete.com reserves the right to make changes to the Site, policies and these Conditions of Use at any time, without notice. If any of these Conditions of Use shall be deemed invalid, void, or unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
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