Calico Fudge

Public Anonymous User

Welcome to Calico Cottage, Inc.’s ("Calico") website, located at www.CalicoCottage.com (the "Website" or "Site"). Your access to and use of the Website are governed by these terms of use (the "Terms of Use" or the "Agreement"). If you do not completely accept these Terms of Use or you do not meet or comply with them, you may not use the Website.

1. OVERVIEW

CALICO OFFERS A WIDE RANGE OF SERVICES AND CONTENT ON THIS SITE.

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS OF USE AND CALICO’S PRIVACY POLICY.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. PLEASE READ THEM CAREFULLY BEFORE PROCEEDING.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

AS USED HEREIN, REFERENCES TO "YOUR" OR "YOU" SHALL INCLUDE ANYONE WHO USES OUR SITE AND/OR SERVICES, AND IF YOU ARE A REGISTERED MEMBER, ANY AUTHORIZED USER OF YOUR ACCOUNT/PASSWORD.

2. CHANGES TO TERMS OF USE

Calico may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website and you should review this Agreement each time you access it. You agree to review these Terms of Use periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the Terms of Use and Privacy Policy in their then-current form each time you use the Site.

3. JURISDICTION

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Calico makes no representation that the information, opinions, advice or other content on the Site is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. COPYRIGHTS AND TRADEMARKS

All text, graphics, button icons, images, audio clips, video clips, software, other content and materials on or through the Site (collectively, "Content") belong exclusively to Calico or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Calico or its affiliates. All software used on or in conjunction with this Site (the "Software") is the property of Calico, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws and other laws. "Calico Cottage," the Calico Cottage logo, "Mr. Fudge," The "Whirzle" and other logos, slogans, trade names or words are trademarks or service marks of Calico, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior written consent.

Except as specifically permitted by the Terms of Use, you are only authorized to access, view, use, download, and print for your records portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, or license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without Calico’s prior written permission.

You may not store, modify, reproduce, transmit, reverse engineer, copy, sell, lease, create derivative works from, modify, disassemble, decompile or distribute all or any portion of the Content or Software, or the design or layout of the Website or individual sections of it, in any form or media without Calico’s prior written permission. The systematic retrieval of data from the Site is also prohibited. You may not use a part of this Website on any other Website, without Calico’s prior written consent.

Calico respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please email marketing@calicocottage.com.

5. SCOPE OF USE AND USER E-MAIL

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE AND CALICO'S LIABILITY SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US $100) IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. All visitors to the site are subject to basic rules of conduct while using and accessing the Site, Content and services provided on the Site. You agree to:

(a) Refrain from violating applicable federal, state and international laws;

(b) Refrain from using the Site, Content, and the services provided on the Site to send unsolicited emails, bulk mail, spam or other materials to users of the site or any other individual or entity;

(c) Refrain from using the Site, Content and the services provided on the Site to harass, threaten, stalk or abuse users of the site;

(d) Refrain from using the Site, Content and the services provided on the site to harm minors;

(e) Refrain from posting content on the Site that is obscene, vulgar, harmful or offensive in nature or posting any content that contains nudity or is gratuitously violent, explicitly sexual, defamatory, libelous or violates the copyright, trademark, patent or other intellectual property rights of Calico or any third party;

(f) Refrain from interfering with others' use of the Site and services provided on the Site;

(g) Refrain from using the services provided on the Site to invade the privacy of others, or to collect and use an individual's personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the site; and

(h) Refrain from using the Site and the services provided on the Site to create a false identity or to impersonate another person.

These rules are only the minimum level of conduct that we expect on our Site. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our discretion, to suspend or terminate your right to use the services provided on the Site, if you violate any of the aforementioned rules of conduct or engage in other offensive conduct. Calico shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online on the site except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

6. LINKS

For your convenience, we may provide links to other websites that may be of interest to you. However, Calico does not control or endorse such websites or products or services offered on such sites, is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained therein. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. This Terms of Use policy applies only to Calico’s website and the products and services we offer. If you access any third party site linked to this Website, you do so at your own risk. We reserve the right to terminate any link or linking program at any time and disclaim all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without our prior written permission. If you are interested in linking to this Website, please email marketing@calicocottage.com.

7. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to us that you will not use it for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8. SPAMMING

Gathering email addresses from Calico through harvesting or automated means is expressly prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. All inquiries regarding establishing a commercial relationship with Calico should be directed to marketing@calicocottage.com.

9. NO WARRANTIES

THE WEBSITE, SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH CALICO EXPRESSLY DISCLAIMS. CALICO DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND WE WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. THERE IS NO EXPRESSED OR IMPLIED DUTY TO UPDATE THE CONTENT OF THE WEBSITE. CALICO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

10. GOVERNING LAW, LOCATION AND MISCELLANEOUS

These Terms of Use shall be governed in all respects by the laws of the State of New York, USA, without reference to its choice of law rules.

11. SEPARATE AGREEMENTS

You may have other agreements with us. Those agreements are separate and in addition to these Terms of Use. These Terms of Use are not intended to modify, revise or amend the terms of any such agreements you may have with us.

12. COPYRIGHT POLICY AND COPYRIGHT AGENT

Calico respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

i. Identification of the copyrighted work claimed to have been infringed;

ii. A description of where the alleged infringing material is located on the site, including the url where the material is located;

iii. Your address, telephone number, and, if available, an electronic mail address where we may contact you;

iv. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

v. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright, and the copyright owner, its agent, or the law; and

vi. Your physical or electronic signature.

The Site’s Copyright Agent can be reached as follows:

Mark Wurzel, CEO
Calico Cottage, Inc.
210 New Highway
Amityville, New York 11701
(631) 841-2100 (p)
(631) 841-2401 (f)

marketing@calicocottage.com

13. NO PROFESSIONAL ADVICE

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors (under the age of 18). YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

14. USERS DISPUTES; TERMINATION

You are solely responsible for your interactions with other users. We reserve the right, but not the obligation, to monitor disputes between you and other users.

You agree that Calico, in its sole discretion, may terminate your use of the Site, Content, and services provided on the Site, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Calico believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Calico may also in its sole discretion and at any time discontinue providing the Site, Content, and services provided on the Site or any part thereof, with or without notice. You agree that any termination of your access to the Site, Content and services under any provision of this Terms of Use may be affected without prior notice, and acknowledge and agree that Calico may immediately deactivate or delete your posted content and/or bar any further access to such files, the Site, Content or services provided on the Site. Further, you agree that Calico shall not be liable to you or any third-party for any termination of your access to the Site, Content or services. The Terms of Use will continue to apply to your past use of the Site, Content, and services. Termination of your access to and use of the Site, Content, and services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Calico.

15. USER SUBMISSIONS AND COMMUNICATIONS; PUBLIC AREAS AND PRIVATE AREAS

You acknowledge that you own, are solely responsible for or otherwise control all of the rights to the content that you post or otherwise supply to Calico ("Your Content"); that Your Content is accurate; does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Calico or its affiliates for all claims resulting from Your Content.

If you make any submission to an area of the Website accessed or accessible by the public ("Public Area") or if you submit any business information, idea, concept or invention to us by email, you automatically represent and warrant that you are the owner of such content or intellectual property, and that you or the owner of such content or intellectual property has expressly granted Calico a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed and to promote or advertise the site, or content, or services in any way. Calico may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Calico by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums (individual posts in the Q&A area, for instance) on the Website may not be moderated or reviewed. Accordingly, users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Calico has full discretion to delete messages.

Calico reserves the right (but is not obligated) to do any or all of the following:

(a) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(b) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.
(c) Terminate a member's access to any or all Public Areas and/or the Site upon any breach of these Terms of Use.

(d) Monitor, edit, or disclose any communication in the Public Areas.

(e) Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Calico shall have no liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of the aforementioned activities.

Calico also reserves the right to grant or terminate access to any private "secure" areas of the Site at any time for any reason or no reason whatsoever.

CALICO HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST CALICO FOR SUCH REMOVAL AND/OR DELETION.

CALICO IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.

Calico does not represent or guarantee the truthfulness, accuracy or reliability of any posted content or endorse any opinions expressed by a user. You acknowledge that any reliance on posted content by other users will be at your own risk. Calico does not confirm that each user is who he or she claims to be. Calico exercises a great effort to protect posted content from being misused. However, if misuse has occurred Calico is in no way liable for such misuse. Because Calico is not involved in user-to-user dealings and does not control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release Calico from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Calico has no liability or responsibility to Users for performance or nonperformance of such activities. You may find some posted content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. Calico expects that you will use caution and common sense when using the Site and Services.

16. REMEDIES & ARBITRATION

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Calico confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Suffolk County, New York, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

17. LIMITATION OF LIABILITY

YOUR USE OF THE SITE AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE AND CONTENT IS AT YOUR OWN RISK. CALICO SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF CALICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. YOU AGREE THAT CALICO, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF THE SITE, CONTENT, AND SERVICES PROVIDED ON THE SITE, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SITE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF CALICO BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS OF USE. CALICO MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE SITE, CONTENT, AND SERVICES PROVIDED ON THE SITE OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE SITE, CONTENT AND SERVICES UNDER ANY PROVISION OF THIS TERMS OF USE MAY BE AFFECTED WITHOUT PRIOR NOTICE, AND ACKNOWLEDGE AND AGREE THAT CALICO MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR POSTED CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES, THE SITE, CONTENT OR SERVICES PROVIDED ON THE SITE. FURTHER, YOU AGREE THAT CALICO SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE, CONTENT OR SERVICES. THE TERMS OF USE WILL CONTINUE TO APPLY TO YOUR PAST USE OF THE SITE, CONTENT, AND SERVICES. TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE, CONTENT, AND SERVICES SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO CALICO.

18. INDEMNITY

You agree to defend, indemnify, and hold Calico, its officers, directors, employees, agents, licensors, consultants, contractors, subcontractors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees and expenses resulting from, or alleged to result from, your violation of these Terms of Use.

19. MISCELLANEOUS

In most cases, when we refer to "Calico" in these Terms of Use, we also mean Calico’s agents, representatives and employees.

No failure of Calico to enforce any of its rights under these Terms of Use will act as a waiver of such rights.

If any portion of any provision of these Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the Terms of Use shall remain in full force and effect.

The captions, headings, and paragraph numbers appearing in these Terms of Use are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of any provision of these Terms of Use, nor in any way affecting them.

20. CONTACT US

If you would like to report any violations of these Terms of Use, please email marketing@calicocottage.com.