Terms of Use

1. Ownership and Operation
This website belongs to Champlain Chocolate Company d/b/a Lake Champlain Chocolates, 750 Pine Street, Burlington, Vermont 05401, USA. Our phone number is 802-864-1808. Lake Champlain Chocolates (LCC) may, in its sole discretion and at any time, modify or discontinue this website or specific portions of it.

2. Agreement to Be Bound
Your use of this website constitutes your agreement with LCC to be bound by, and to act in accordance with, these Terms of Use.

3. Continuing Agreement
We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the website to keep up to date with the current terms regarding your use of the website. Your use of the website reaffirms your continuing agreement to the then-current Terms of Use.

4. Use of Site Materials
LCC owns the copyright for all of the material on the website or has a valid right from a third party to use material on the website. LCC also owns or has a valid right to use all trademarks, service marks, and trade names used on this website, registered or not. No part of the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark, and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of LCC'S copyright and other proprietary rights. The use of any such material on any other website or computer network without LCC's written consent is strictly prohibited. Your use of the trademarks, service marks, and trade names on this website in any manner other than as authorized in these terms and conditions, or as authorized in writing by LCC, is strictly prohibited.

5. Privacy
For information on how LCC uses and protects the personal information you may provide on this website, see our Privacy Policy.

6. Submissions
All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to LCC through this website will become and remain the exclusive property of LCC, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge LCC's unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation, or other obligation to you or any other person. It also means LCC has no obligation to keep your submissions confidential.

7. Geographic Scope of Site
LCC controls and operates this website from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote only those LCC products that are sold by LCC in the United States and its territories, and LCC makes no representation that materials in this website or the products described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.

8. Links to Other Sites
For your convenience and enjoyment, this website may provide links to other websites on the World Wide Web that are not operated by LCC. These links do not mean that LCC endorses, approves, or sponsors any information available at the linked site or any products that may be sold there, nor is LCC liable for any damage that might result from your use of such information or products.

9. Contents of the Website - Disclaimer
The materials in this website (including any graphics, software, recommendations, or other materials) and any materials made available through this website are provided "as is" and without warranties of any kind, either express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LCC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LCC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. LCC UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

Certain links in this website may link you to other sites on the World Wide Web. The linked sites may not be under the control of LCC and LCC is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. LCC is not responsible for webcasting or any other form of transmission received from any linked site. LCC is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by LCC to, or an endorsement by LCC of, the linked site or any products or services which may be offered there.

10. Operation of the Website - Disclaimer
LCC endeavors to maintain this website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the website or its operation. AS TO THE OPERATION OF THE WEBSITE, LCC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LCC MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT LCC) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.

11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LCC BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE IN THE WEBSITE. LCC SHALL NOT BE LIABLE EVEN IF LCC OR A LCC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, OR COMPUTER VIRUS, WORM, TROJAN HORSE, OR OTHER HARMFUL COMPONENT.

12. Limitations as to Paragraphs 9, 10, and 11
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall LCC's total liability to you for damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence, or otherwise]) exceed the amount paid by you, if any, for accessing this site.

13. Availability of Help
This website may provide a Help file or other instructions for the use of this site. However, you understand that LCC is under no obligation to provide any support for the use of the website.

14. Applicable Law; Jurisdiction
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct, or otherwise) will be governed by the laws of the State of Vermont, without reference to its conflicts of law principles. LCC controls and manages this website form its facilities in the State of Vermont, United States of America. Any legal actions, suits, or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in courts located in the state of Vermont, and you hereby accept and submit to the personal jurisdiction of these Vermont courts with respect to any legal actions, suits, or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit, or proceeding brought to enforce, defend, or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

15. Severability
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

16. No Waiver
No failure on the part of LCC to enforce any part of these Terms of Use shall constitute a waiver of any of LCC'S rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by LCC nor the reliance of any person on LCC'S actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of LCC shall have any legal effect whatsoever.

17. No Legal Effect
The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.

©2002 Champlain Chocolate Company,
d/b/a Lake Champlain Chocolates
750 Pine Street
Burlington, VT 05401
www.lakechamplainchocolates.com

This page was last modified on August 13, 2002.