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Terms of Service

When using the Dwarf Mountain Chocolatiers website, you agree to the following terms and conditions (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition, when using particular Dwarf Mountain Chocolatiers website services, you shall be subject to any posted guidelines applicable to such services, and any terms or conditions applicable to Dwarf Mountain Chocolatiers website services provided in conjunction with any of Dwarf Mountain Chocolatiers website's content and service partners. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service please do not use the site. We reserve the sole right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the Dwarf Mountain Chocolatiers website following the posting of changes to these terms will mean you accept those changes.

Overview

Dwarf Mountain Chocolatiers website is a multi-purpose service which allows you to use or access information about products and services, and broad range of other content (collectively the "Dwarf Mountain Chocolatiers website"). These Terms of Service apply to the Dwarf Mountain Chocolatiers website as well as any new products or services that we may add in the future (unless stated otherwise).

General Terms of Service

By using the Dwarf Mountain Chocolatiers website, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, Dwarf Mountain Chocolatiers website reserves the right to terminate your access to the Dwarf Mountain Chocolatiers website. Dwarf Mountain Chocolatiers website may discontinue or alter any aspect of the Dwarf Mountain Chocolatiers website, including, but not limited to, (i) restricting the time the Dwarf Mountain Chocolatiers website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Dwarf Mountain Chocolatiers website, at Dwarf Mountain Chocolatiers LLC ‘s sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Dwarf Mountain Chocolatiers website through an available access point. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Dwarf Mountain Chocolatiers website.

Use of Site Material

We don't mind if individuals want to make a single copy of a document or part of a document published by us on this Site for personal use, provided that our copyright notice is prominently displayed on your copy. HOWEVER, we do mind if you are downloading documents, parts of documents, logos, and other materials from our Site for your own commercial purposes without our prior written consent.

Ownership of Intellectual Property

Dwarf Mountain Chocolatiers LLC owns the copyright to all material from this site. Notwithstanding any other term or condition in this agreement, Dwarf Mountain Chocolatier LLC retains ownership to the copyright in this site and all material from this site. Dwarf Mountain Chocolatiers LLC owns the trademarks, look and feel and trade service marks displayed on this site. Nothing on this site should be construed as a license to use the Trademarks. Your use of the Trademarks displayed on this site is strictly prohibited.

You acknowledge that the Dwarf Mountain Chocolatiers website contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Dwarf Mountain Chocolatiers website owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The Dwarf Mountain Chocolatiers website name and logo are exclusively licensed to Dwarf Mountain Chocolatiers LLC. All other trademarks appearing on the Dwarf Mountain Chocolatiers website are trademarks of their respective owners. Dwarf Mountain Chocolatiers website's partners may also have additional proprietary rights in the content which they make available through the Dwarf Mountain Chocolatiers website.

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works from, or in any way exploit, any of the Content, in whole or in part. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by the Dwarf Mountain Chocolatiers website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by J. MICHAEL PECK WEB DESIGN. Dwarf Mountain Chocolatiers website does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

We make no representations that the materials contained on this Site are accurate or appropriate for users in locations outside of the United States. Some software on this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to (i) any country to which the US has placed an embargo; (ii) anyone on the US Treasury Department's Specially Designated Nationals list, (iii) the US Commerce Department's Table of Denial Orders, or (iv) certain provisions of the USA Patriot Act of 2001. If you download any software, you represent and warrant that you are not located in, or under the control of a national or any such country on any of the above named restricted lists.

Copyright and Copyright Notices

Copyright 2000–2004, Dwarf Mountain Chocolatiers LLC

The Dwarf Mountain Chocolatiers website respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dwarf Mountain Chocolatiers Copyright Agent the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed;

• A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please contact Dwarf Mountain Chocolatiers website Copyright Agent for Notice of claims of copyright infringement at:

Dwarf Mountain Chocolatiers Copyright Agent
3244 S. Newcombe Street
Lakewood, CO 80227
Phone: (720) 963-0555

Idea Submissions

Our policy is to not accept unsolicited ideas about new marketing, advertising, product, and/or packaging concepts and/or improvements. Our creative group, The Friends of Dwarf Mountain may be working on the same or similar ideas you have thought up. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed new idea, your message will be treated as non-proprietary and non-confidential and becomes our property and may or may not be used by us for any purpose.

Disclaimer of Warranty

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. Neither we, nor any of our consultants for this Site will be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of this Web Site. Without limiting the foregoing, everything on this Site is provided to you "AS IS," WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so this statement may not apply to you.

Links

Dwarf Mountain Chocolatiers LLC 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, Dwarf Mountain Chocolatiers LLC does not endorse the site operator or the content of the linked site.

United States Only

Unless otherwise specified, this site and material provided on this site are solely for promoting products, programs, and business operations within the United States. Dwarf Mountain Chocolatiers software, shopping cart transactions or other materials from this website are subject to:

• Export controls to any country to which the United States has embargoed goods or services

• Anyone on the United States Treasury Department’s list of Specially Designated Nationals

• U.S. Commerce Department’s Table of Deny Orders

• Provisions included in the USA Patriot Act of 2001

Dwarf Mountain Chocolatiers LLC prohibits your downloading or exporting of software or other material from this site in violation of U.S. Export Laws and the laws of your resident country. By downloading software or other material from this site, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.

Choice of Law

If any disputes arise between us regarding your use of this web site, such disputes shall be resolved according to the laws of the State of Colorado, and the federal and state courts of Colorado shall have exclusive jurisdiction over all claims.

Severed Provisions & Entire Agreement

If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter. Dwarf Mountain Chocolatiers LLC may modify these terms and conditions at any time and without notice.

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