Privacy

2. Copyright, Trademarks and Other Proprietary Rights

3. Member Account, Security and Password

5. Miscellaneous Terms and Conditions

9. Special Notice Regarding Copyright Infringement

10. Consequences of Unacceptable Use

11 Privacy Policy

17. Communications from the Site Special Offers and Updates

Terms and Conditions

By accessing or using any areas of our website you are bound by the terms and conditions set forth below, as well as the terms of our Acceptable Use Policy and our website Privacy Statement. If you do not accept these terms and conditions, you may not access or use this website. We retain the right to modify these terms and conditions at any time by posting new terms and conditions on this page.

Permission to Use this Website

Many portions of this website are available for public viewing and use. You must register or enter into a separate agreement with Santa Barbara Chocolate Co. to access other portions of this website. Subject to the terms and conditions set forth on this page, our Acceptable Use Policy and our Privacy Statement, and the terms and conditions of any license or other agreement pursuant to which you use our products or services, Santa Barbara Chocolate Co. grants you permission to do the following: (1) view and use for intended purposes those portions of this website to which we have granted you access; (2) make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this website to which we have granted you access, provided you retain all copyright, trademark and other proprietary rights or internal business purposes and do not distribute or republish it; (3) obtain our products and signup for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement or other agreement associated with those products and services; and (4) use the discussion forums, contact lists and e-mail links to which you have been granted access to interact with Santa Barbara Chocolate Co. and other users of our products and services in ways that do not violate our Acceptable Use Policy. Any other use of this website or its contents is prohibited without first obtaining written permission from Santa Barbara Chocolate Co.

Copyright, Trademarks and Other Proprietary Rights

This website contains text, data, software, photographs, graphics, videos, music, sounds and other information and material that is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of Santa Barbara Chocolate Co. and/or its licensors or affiliates, and Santa Barbara Chocolate Co. and its licensors and affiliates reserve all rights with respect to this website's content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove, and create derivative works of it. Trademarks, product names, company names and logos appearing on this website are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names or logos.

Linking, Framing and Meta Tags

You may make referential links to any of the publicly accessible pages on this website that are not password protected, subject to review and termination by us at any time and for any reason. Please be aware that we continually update and revise our website. We cannot guarantee that each page to which you may provide a link will remain available or that its content will remain the same. You may not link to our website in any way that might lead others to believe that our website or any of its contents were created or are operated or offered by you or any party other than Santa Barbara Chocolate Co. You may not use any of Santa Barbara Chocolate Company's trade names, trademarks or any of the textual content of our website as meta tags in your own website, unless we have granted you a license explicitly permitting you to do so. Communication and submissions via this website whenever you communicate with Santa Barbara Chocolate Co. or others using this website, including its forums and e-mail links, your communications are not confidential. Santa Barbara Chocolate Co. is free to use all submissions, ideas and feedback contained in your communications in any manner that is consistent with our Privacy Statement, including, but not limited to, incorporating your suggestions into our product and service offerings without any financial or other obligation to you.

Member Account, Security and Password

Santa Barbara Chocolate Co. uses secure processing of financial data by a recognized secure USA based bank. If any of the products or services available to you on this website requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may be asked to choose a username and/or password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Santa Barbara Chocolate Co. immediately of any unauthorized use of your account or any other breach of security. Santa Barbara Chocolate Co. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Santa Barbara Chocolate Co. or any other party due to someone else using your account at any time, without permission of the account holder.

Third Party Statements and Opinions

Santa Barbara Chocolate Co. is not responsible for any opinions, advice or statements made by third parties. Except as required by law, we have no obligations to monitor users' postings to our forums or to remove or retain forum content, although we reserve the right to do so.

Third Party Products, Services and Websites

Third parties may develop or provide tools, skins or other software applications or components, materials, data, content or other products or services for use with our products or services, some of which may be accessible on or via this website. Santa Barbara Chocolate Co. makes no representation or warranty with respect to the quality, reliability or non-infringement of any third party product, service or material accessible on or via this website. Your rights with respect to third party products, services or data may be subject to the terms and conditions of separate agreements with the third parties providing them. This website may contain links to third party web sites. These links are provided solely as a convenience to you. Unless explicitly stated otherwise, they are not intended as a certificate or endorsement of the owner of the website, the website's content, or any products or services available on or via the website. Santa Barbara Chocolate Co. does not control and is not responsible for linked websites, or any websites (other then our own) that are linked.

No Warranties

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. SANTA BARBARA CHOCOLATE CO. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY KNOWN AS "AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEBSITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCT OR SERVICES AVAILABLE VIA THIS WEBSITE (EXCEPT AS SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). Limitation of Liability EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT BETWEEN YOU AND SANTA BARBARA CHOCOLATE COMPANY'S PRODUCTS AND SERVICES, NEITHER SANTA BARBARA CHOCOLATE CO. NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMGES ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEBSITE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF SANTA BARBARA CHOCOLATE CO. AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED. IN NO EVENT WITH SANTA BARBARA CHOCOLATE CO. AND ITS AFFILIATES' TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR US $10. SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, SANTA BARBARA CHOCOLATE CO. AND ITS AFFILIATES' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Export and Import Restrictions

This website is controlled and operated by Santa Barbara Chocolate Co. from its offices within the United States. Santa Barbara Chocolate Co. makes no representation that the products, services and other materials available through this website are appropriate or available for use in other countries where their contents or use is illegal is prohibited.

Miscellaneous Terms and Conditions

The terms and conditions contained on this page apply generally to your access to and use of this website and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this website or by the terms and conditions of the licenses or other agreements pursuant to which you obtain our products or services. A specific provision in any of those notices, licenses or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page. No delay or failure to take any action or exercise any right that Santa Barbara Chocolate Co. may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by Santa Barbara Chocolate Co. Any litigation arising out of or related to your access to or use of this website will be brought only in the United States District Court for the District of California, or, if federal subject matter jurisdiction is lacking, then in the California state trial court for the division and county in which Santa Barbara Chocolate Company's or its successor's or assign's principal office in California is then located. By accessing or using this website, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with litigation. The terms and conditions contained on this page will be governed by and interpreted in accordance with the laws of California, USA, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the terms or conditions contained on this page are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms and conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible. These terms and conditions set forth our entire agreement with you related to your use of this web site, and they prevail over any other communication we may have regarding its use, with exception of an agreement signed by an authorized representative of Santa Barbara Chocolate Co. that explicitly authorizes a use which is inconsistent with these terms and conditions.

Product Images

Product photos are shown on our website to act as a facsimile of what is offered or to represent directly what is being offered. Occasionally a particular ribbon type, color, box design or chocolate is not available. If this is the case, Santa Barbara Chocolate Co. will replace/exchange a product or product package or package material with one of equal or greater value. Products on the website may not be represented with accurate images or disclaimers.

Acceptable Use Policy

The name 'the Company' refers to Santa Barbara Chocolate Co. This Acceptable Use Policy is intended to promote the integrity, reliability and security of our website and the server-based services we provide that support use of our own and others' software products (collectively, "our services"). This policy, any agreement pursuant to which you use our software or server-based services, and the Terms and Conditions for use of our website together govern your access to and use of our services. If you do not accept this policy, you may not access or use any of our services. We retain the right to modify our policy at any time by posting the modified policy on our website.

Prohibited Activities

You may not use our services, including the company directory and any other contact directories on our website, to make unsolicited offers or proposals or to send junk mail to users of our services or our software; harass, defame or defraud users of our services or our software; knowingly damage or interfere with the operation of our services, any software that utilizes them, or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms or other harmful code, disable, circumvent, avoid, bypass, remove, deactivate, impair or otherwise interfere with security-related features of our services or software, features that enforce restrictions or limitations on use of our services or software, or features that prevent or restrict use or copying of any content or other material accessible through use of our services or software; use our services to upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, by way of example and not limitation, copyright or trademark laws) or by rights of privacy or publicity, unless you own or control the rights or have received all necessary consent to do so; use our services to download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in this manner; access or use our services in violation of any local, state, national, or international law, including, without limitation, laws governing the provision of financial services, data protection and privacy, and export or import control; or otherwise access or use this website in violation of its Terms and Conditions or use our other services or our software in violation of any applicable license or service agreement.

Special Notice Regarding Copyright Infringement

You may not use our services to infringe copyrights. We will attempt to terminate service to anyone who we become aware is repeatedly using our services in violation of copyright law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICES IN COMPLIANCE WITH ALL APPLICABLE COPYRIGHT LAWS. Notification of claimed copyright infringement should be made in accordance with our Notice and Procedure for Making Claims of Copyright Infringement. NOTICES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT OR NOT IN CONFORMANCE WITH THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.

Consequences of Unacceptable Use

We reserve the right to take any and all action we deem appropriate if we become aware of conduct that we believe does not conform to the requirements of this policy, any agreement pursuant to which you use our services or any software that utilizes them, the Terms and Conditions for use of this Web site, or applicable law.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c), all notifications of claimed copyright infringement using our services should be sent ONLY to our Designated Agent. NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE COMPANY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED INFRINGEMENT OF YOUR COPYRIGHTS TO OUR DESIGNATED AGENT. Your written notification must be sent to the following Designated Agent: Paradise USA 2112 Eastman Ave. #113 Ventura, CA. 93003 USA Under Title 17, United States Code, Section 512(c)(3)(A), your Notification of Claimed Infringement must include the following: An electronic of physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; Identification of the copyrighted work(s) that you claim have been infringed; A description of the material that you claim is infringing, and the location where the original of an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);Your address, telephone number, and email address; A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 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.

Privacy Policy

Information Collection and Use

The name 'the Company' refers to Santa Barbara Chocolate Co. Information Collection The Company is the sole owner of the information collected on this site. The Company collects information from our users at several different points on our website.

Registration

In order to use this website, a user must first complete the registration form. During registration, a user is required to give contact information (such as name and email address). We use this information to contact the user about services on our site for which he or she has expressed interest.

Information Use

The Company and its operational service partners collect and use your personal information to operate and deliver the services you have requested. The Company also uses your personal information to inform you of other products or services available from The Company and its affiliates. The Company may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. The Company does not sell, rent or lease its customer lists to third parties. The Company may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your personal information (e-mail, name, address, telephone number) is not transferred to the third party. We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose. The Company does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. The Company may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on the site; (b) protect and defend the rights or property of The Company; or (c) act under exigent circumstances to protect the personal safety of users of this site or the public.

Profile

We store information that we collect through cookies, log files, clear gifs, and/or third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to the users personally identifiable information to provide special offers and to improve the content of the site for the user. This profile is used to tailor a user’s visit to our website, and to direct pertinent marketing promotions to them. We do not share your profile with other third parties. Your profile is shared in aggregate form only.

Cookies

A cookie is a piece of data stored on the user’s computer tied to information about the user. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. By setting a persistent cookie, a user does not need to log in each time he or she visits the site, thereby saving time while on our site. If users reject the persistent cookie, they may still use our site. In this case, we use a session ID cookie to allow access to restricted areas. If cookies are disabled, only non-restricted areas of the site will be accessible. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. Some of our business partners use cookies on our site. However, we have no access to or control over these cookies, once we have given permission for them to set cookies for advertising.

Third Party Advertising

We do not currently partner with any third party ad servers. This privacy statement covers the use of cookies by only The Company and does not cover the use of cookies by any advertisers.

Log Files

Like most standard website servers, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

Communications from the Site Special Offers and Updates

We may send new members a welcome email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users, we present the option to not receive these types of communications. Please see the Choice and Opt-out sections.

If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users' privacy, we provide a way to opt-out of these communications. Please see the Choice and Opt-out sections.

Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Customer Service

We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user's wishes.

Sharing Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website. Aggregate Information (non-personally identifiable) We do not currently share aggregated demographic information with our partners and advertisers.

Third Party Advertisers

We do not currently use third party advertisers.

Advertisers

We only share email addresses with our advertisers if the user elects the option from his account.

Service Providers

We partner with other third parties to provide specific services. For example, we use Digi Cert, Bank of America and Pay Pal to perform payment processing. When the user signs up for these particular services, we share names, or other contact information that is necessary for the third party to provide these services. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Business Transactions

In the event Santa Barbara Chocolate Co. merges, is acquired by another company, or a portion of its assets is sold, users’ personal information will, in most instances, be part of the assets transferred.

Choice/Opt-out

Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our site. Users who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by replying to the newsletter with UNSUBSCRIBE in the subject line of the email or email us directly with UNSUBSCRIBE in the subject line of the email. We also offer an opt-out mechanism on the account pages or the user may contact us using the contact information below to opt-out. Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.

Links

This website may contain links to other sites. Please be aware that we, The Company, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

Surveys/Contests

From time-to-time, our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users’ personally identifiable information is not shared with third parties unless we give prior notice and choice. Though we may use an intermediary to conduct these surveys or contests, they may not use users’ personally identifiable information for any secondary purposes.

Tell a Friend

If a user elects to use our referral service for informing a friend or business about our site, we may ask for a name and email address. The Company will automatically send the friend an email inviting them to visit the site. The Company stores this information for the sole purpose of sending this email and tracking the success of our referral program. The friend may contact The Company to request the removal of this information from our database.

Chat Rooms, Message Boards, and Public Forums

Please keep in mind that whenever you voluntarily disclose personal information online - for example, on message boards, through email, or in chat areas - that information can be collected and used by others. In short, by posting personal information online that is publicly accessible, you may receive unsolicited messages from other parties in return.

Security

This website takes every precaution to protect our users’ information. When users submit sensitive information via the website, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information, that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just ‘surfing’. In addition to using SSL encryption for data transfer we also store sensitive information such as passwords in encrypted format. We use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to user information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every year, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users’ information is protected. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility. If users have any questions about the security at our website, users can send an email to Santa Barbara Chocolate Co. Supplementation of Information In order for this website to properly fulfill its obligation to users, it is necessary for us to supplement the information we receive with information from 3rd party sources.

Purchasing History

We do not currently share purchasing information with partners.

Enhancement of Marketing Profile

We purchase third party marketing data and add it to our existing user database to better target our advertising and provide pertinent offers we think our users would be interested in. We use this information to enhance or overlay the ‘profile’ of individual users. This aggregate marketing data is therefore tied to the users’ personally identifiable information. See also the 'Profile' section.

Correcting/Updating/Deleting/Deactivating Personal Information

If a user’s personally identifiable information changes (such as postal code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. This can done on the member account pages or by emailing our customer support or call us by telephone or postal mail at the contact information listed below.

Notification of Changes

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If, however, we are going to use users’ personally identifiable information in a manner different from that stated at the time of collection we will notify users by posting a notice on our website for 30 days.

All prices are subject to change without notice.

Contact Info

If users have any questions or suggestions regarding our privacy policy, please contact us at: info@santabarbarachocolate.com or toll free: 888-812.6262