Terms of Use
Welcome to Calico Cottage, Inc.’s (“we,” “us,” “Calico,” or the “Company”) website, located at calicocottage.com (the “Website”). These Terms of Use (“Terms”) govern your use of the Website, and any services we may provide through the Website (“Services”). We reserve the right to change, modify, add or remove portions of these Terms at any time for any reason and in our sole discretion. We suggest that you (“you” or “user”) periodically review these Terms for amendments. By using our Services, you accept Terms. If you do not agree to these Terms, you may not use our Services.
Please contact us with any questions you might have regarding these Terms. You may email us at legalmatters@calicocottage.com or write to us at Calico Cottage, 210 New Highway, Amityville, NY 11701, Attention: Director of Customer Engagement.
1. Overview
WE OFFER A WIDE RANGE OF SERVICES AND CONTENT ON THIS WEBSITE.
YOUR USE OF THIS WEBSITE AND OUR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS AND TO OUR PRIVACY POLICY, FOUND AT: WWW.CALICOCOTTAGE.COM/PRIVACY-POLICY.
ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE OR OUR SERVICES IS CONCLUSIVE EVIDENCE OF YOUR BINDING AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY. PLEASE READ THEM CAREFULLY BEFORE PROCEEDING.
IF THESE TERMS AND OUR PRIVACY POLICY ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE AND OUR SERVICES.
2. Eligibility
You must be 18 years or older to use our Services. By using our Services, you represent that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these terms.
3. Intellectual Property Rights
All text, graphics, button icons, images, audio clips, video clips, software, recipes, copyrighted items, other content and materials comprising this Website and our Services (collectively, “Content”) belong exclusively to Calico or its affiliates. The collection, arrangement, and assembly of all Content (the “Compilation”) belongs exclusively to Calico or its affiliates. All software used on or in conjunction with this Website (the “Software”) is the property of Calico, its affiliates or its Software suppliers. The Content, the Compilation and the Software (“Calico Intellectual Property”) are all protected by U.S. and international copyright laws and other laws. As between you and Calico (or any other company whose marks appear on the Website), Calico (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name, logo, slogans and/or service mark appearing on the Website, including, but not limited to “Calico Cottage,” the Calico Cottage logo, “Mr. Fudge,” and “Whirzle” (the “Marks”).
The use of the Software and Marks is limited solely to purchasers of the Calico fudge mix, Calico pre-made fudge, Calico nut mix and/or Calico pre-made nuts. The use of the Software and Marks by any other person, without Calico’s (or the respective owner’s) express written consent, is strictly prohibited and may be punishable as an infringement under U.S. and international copyright laws, and trademark infringement under Federal and State law. Under no circumstance may the Marks be used in any way that is likely to cause confusion, or which in any manner disparages or discredits Calico, its affiliates, suppliers or third parties. You may not use any of the Marks in meta tags without our (or the respective owner’s) express prior written consent.
Except as specifically permitted by these Terms, or as permitted by a separate agreement with or consent by us, you are only authorized to access, view, use, download, and print for your records portions of the Calico Intellectual Property (including without limitation text, graphics, software, audio and video files and photos) available through our Services 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 Website is transferred to you as a result of accessing, downloading or printing such materials.
You may not copy, modify, distribute, transmit, retransmit, display, reproduce, publish, or license any part of this Website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Website without Calico’s prior written permission.
You may not store, modify, reproduce, transmit, retransmit, reverse engineer, copy, sell, lease, create derivative works from, modify, disassemble, decompile or distribute all or any portion of the Calico Intellectual Property, or the design or layout of this Website or individual sections of it, in any form or media without Calico’s prior written permission. The systematic retrieval of data from the Website 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 legalmatters@calicocottage.com.
The recipes provided via the Website and Services are the copyrighted intellectual property of Calico Cottage, Inc. and are supplied under a limited license to assist you in the manufacturing and merchandising of fudge made solely from Calico’s ingredients. These are confidential, include trade secrets and are not to be shared or transferred to anyone else.
4. Authorized Use Of Website And Code Of Conduct
We may assign you a password and account identification to enable you to access and use certain portions of this Website. Each time you use a password or identification, you will be confirming that you are authorized to access and use the Website in a manner consistent with these Terms. We have no obligation to investigate the authorization or source of any such access or use of the Website. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS WEBSITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ASSIGNED TO YOU, WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU. THIS INCLUDES, WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. SOME JURISDICTIONS MAY LIMIT YOUR LIABILITY FOR UNAUTHORIZED USE, AND CALICO WILL RESPECT THOSE LIMITATIONS WHERE APPLICABLE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You must notify us via e-mail at legalmatters@calicocottage.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Website’s security as soon as you become aware of the offending conduct.
Email submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider ways to protect your emails before sending any information.
All visitors to the Website are subject to our basic rules of conduct while using and accessing our Services and Content. You agree to:
(a) Refrain from violating applicable federal, state and international laws;
(b) Refrain from using our Services to send unsolicited emails, bulk mail, spam or other materials to users of the Services or any other individual or entity;
(c) Refrain from using our Services to harass, threaten, stalk or abuse users of the Website;
(d) Refrain from using our Services to harm minors;
(e) Refrain from posting content on our Services that is obscene, vulgar, harmful or offensive in nature, and refrain from 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 our Services;
(g) Refrain from using our Services 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 Website; and
(h) Refrain from using our Services to create a false identity or to impersonate another person.
These rules are only the minimum level of conduct that we expect for our Services. We also ask that you use common sense and be considerate toward other users. We reserve the right, at our discretion, to suspend or terminate your right to use our Services for violation of any of the aforementioned rules of conduct or engagement in other offensive conduct or for any other reason.
Calico shall not be subject to any obligations of confidentiality regarding any information or materials that you submit through our Services except as specified in these Terms or our Privacy Policy, 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.
5. Jurisdiction
The Services are provided to those individuals and entities located in the United States and Canada. They are 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 Services are unavailable or otherwise contrary to local laws or regulations. If you are such a person or entity or if you are in such a jurisdiction, you are not authorized to access or use any of the Services. Calico makes no representation that the information, opinions, advice or other content related to the Services is appropriate or that its products and services are available outside of the United States and Canada. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with applicable local laws.
6. Third Party Websites
We may provide links to websites operated by parties unaffiliated with Calico or by our affiliates in the United States and Canada 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 and is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained therein. You should read the terms of use of any 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 of any materials or information contained on such sites.
We do not allow third parties to link to this Website without our prior written permission. If you are interested in linking to this Website, please email us at legalmatters@calicocottage.com.
7. No Unlawful Or Prohibited Use
As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
8. Spamming And Harvesting Prohibited
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.
9. Disclaimer Of Warranties
THE SERVICES AND 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 SERVICES OR ANY CONTENT. WE ASSUME NO EXPRESS OR IMPLIED DUTY TO UPDATE THE CONTENT OR THE SERVICES. CALICO DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USERS SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER CALICO NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES WARRANTS THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SERVICES 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. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, THEREFORE RELEVANT PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO SUCH USERS. HOWEVER, WE DISCLAIM ANY SUCH WARRANTIES TO THE EXTENT PERMITTED BY LAW.
10. No Effect On Other Agreements
You may be a party to other agreements with Calico. These Terms are not intended to modify, revise or amend the terms of any such agreements you may have with us.
11. Copyright Policy And Copyright Agent
Calico Calico respects the intellectual property rights of others. If you believe something on this Website has infringed your intellectual property rights, please notify our agent and provide the following information:
(a) Identification of the copyrighted work claimed to have been infringed;
(b) A description of where the alleged infringing material is located on the Website, including the URL where the material is located;
(c) Your full name, your address, telephone number, and, an email address where we may contact you;
(d) 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;
(e) 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
(f) Your physical or electronic signature.
Calico’s Copyright Agent can be reached as follows:
Mark Wurzel, President and CEO
Calico Cottage, Inc.
210 New Highway
Amityville, New York 11701
legalmatters@calicocottage.com
12. No Professional Advice
The information available on this Website or through the Services is intended to be a general information resource regarding the matters covered and is not intended to address your specific circumstances. You should not construe this as legal, accounting or other professional advice. The Services are 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 LEGAL, AS APPROPRIATE.
13. User 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 understand and agree that Calico, in its sole discretion, may terminate your use of the Services and may remove and discard any content within the Services for any reason, including, if Calico believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Calico may also in its sole discretion and at any time discontinue providing the Services with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected 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 Services. Further, Calico shall not be liable to you or any third party for any termination of your access to the Services. These Terms will continue to apply to your past use of the Services. Termination of your access to and use of the 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.
14. User Submissions And Communication; Public And Private Areas
You acknowledge that you own 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 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 a page or pages 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 represent and warrant that you are the owner of or have the rights in such content and any intellectual property contained therein. You individually or on behalf of the owner of such content or intellectual property expressly grant to Calico a royalty-free, perpetual, irrevocable, worldwide, 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 use the intellectual property to promote or advertise the Website, or content, or services in any way. Calico may sublicense its rights through multiple tiers of sublicenses. If you wish to maintain any business information, ideas, concepts or inventions as private or proprietary, you must not submit them to the Public Areas or to Calico by email.
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 Website 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 are otherwise deemed inappropriate. Calico may in its full discretion delete any 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;
(c) Terminate a user’s access to any or all Public Areas and/or the Services whether or not these Terms have been breached;
(d) Monitor, edit, or disclose any communication in the Public Areas;
(e) Edit or delete any communication(s) posted on the Website, regardless of whether such communication(s) violate these standards;
Calico shall have no liability or responsibility to users of the Services 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 Website 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 OR RETURN POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS WEBSITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE WEBSITE.
Calico does not represent or guarantee the truthfulness, accuracy or reliability of any posted content or endorse any opinions expressed by a user. 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 makes an effort to protect posted content from misuse. However, if misuse has occurred, Calico is not liable for such misuse. Because Calico is not involved in user-to-user dealings and does not control the behavior of participants of the Services, 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 is not responsible if you find any 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 Services.
15. Governing Law, Remedies, Location And Miscellaneous
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law principles. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with Calico shall be submitted to confidential arbitration in Suffolk County, New York, USA. However, if you have in any manner violated or threatened to violate any Calico Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court Suffolk County in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
You understand and agree that our remedy at law for any actual or threatened breach of these Terms 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.
16. Limitations of liability
YOUR USE OF THE SERVICES 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 SERVICES. YOU AGREE THAT CALICO, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF THE SERVICES, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SERVICES, 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 THESE TERMS. CALICO MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE SERVICES, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE SERVICES UNDER ANY PROVISION OF THESE TERMS OF USE MAY BE EFFECTED 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 SERVICES. FURTHER, YOU AGREE THAT CALICO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. THE TERMS OF USE WILL CONTINUE TO APPLY TO YOUR PAST USE OF THE SERVICES. TERMINATION OF YOUR ACCESS TO AND USE OF THE 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.
17. 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.
18. Miscellaneous
In most cases, when we refer to “Calico” in these Terms, we also mean Calico’s affiliates and their respective shareholders, directors, officers, employees, agents and representatives.
No failure of Calico to enforce any of its rights under these Terms will act as a waiver of such rights.
If any portion of any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the Terms shall remain in full force and effect.
The captions, headings, and paragraph numbers appearing in these Terms 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, nor in any way affecting them.
