Terms & Conditions
You agree that by using this website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
It is your responsibility to review these Terms and Conditions periodically. We reserve the right to revise these Terms and Conditions at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site.
We grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the website for your personal use. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, or descriptions; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.
Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Twenty-Four Blackbirds Chocolate, LLC. You may not use any metatags or any other "hidden text" utilizing Twenty-Four Blackbirds Chocolate, LLC’s name or trademarks without the express written consent of Twenty-Four Blackbirds Chocolate, LLC. Any unauthorized use terminates the permission or license granted by Twenty-Four Blackbirds Chocolate, LLC.
We reserve the right to change any information, features and functions of this website without prior notice. We may refuse service, terminate accounts and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. Use of the site for any illegal or unauthorized purpose is strictly prohibited.
No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party's use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.
Products and Services
The products and services made available on this website are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Twenty-Four Blackbirds Chocolate, LLC’s prior written consent. Twenty-Four Blackbirds Chocolate, LLC and its suppliers may cancel or modify purchases on the website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on this website, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time. We reserve the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
Billing and Payment
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products will be made via credit card or some other prearranged payment method unless credit terms have been agreed to by us. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. We may invoice parts of an order separately. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this web site. Any quotations given by us will be valid for the period stated on the quotation. You agree to pay a 10% penalty fee on all sums more than 10 days past-due.
Separate charges for shipping and handling will be shown on our invoice(s). Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales and all other taxes associated with the order, however designated, except for our franchise taxes and taxes on our net income. If applicable, a separate charge for taxes will be shown on our invoice.
Title; Risk of Loss
Title to products passes from us to you on shipment from our facility. Loss or damage that occurs during shipping by a carrier selected by us is our responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Title to software will remain with the applicable licensor(s).
Some services on the website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at firstname.lastname@example.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Site.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Twenty-Four Blackbirds Chocolate, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Twenty-Four Blackbirds Chocolate, LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Twenty-Four Blackbirds Chocolate, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Twenty-Four Blackbirds Chocolate, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF Twenty-Four Blackbirds Chocolate, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The technology underlying, and the entire contents of the website, including but not limited to text, graphics, images, audio and video clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Twenty-Four Blackbirds Chocolate, LLC and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Twenty-Four Blackbirds Chocolate, LLC. Copyright 2016, Twenty-Four Blackbirds Chocolate, LLC. All rights reserved.
All trademarks, service marks, and trade names of Twenty-Four Blackbirds Chocolate, LLC on the website are trademarks or registered trademarks of Twenty-Four Blackbirds Chocolate, LLC, or of their respective owners.
You agree to indemnify, defend, and hold harmless Twenty-Four Blackbirds Chocolate, LLC, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
The website may link to websites operated by third parties. Twenty-Four Blackbirds Chocolate, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Twenty-Four Blackbirds Chocolate, LLC. Twenty-Four Blackbirds Chocolate, LLC is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. These linked websites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Twenty-Four Blackbirds Chocolate, LLC is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Your use of this website shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Twenty-Four Blackbirds Chocolate, LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Twenty-Four Blackbirds Chocolate, LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled Twenty-Four Blackbirds Chocolate, LLC shall immediately issue a credit to your credit card account in the amount of the charge.
These terms and conditions are applicable to you upon your accessing this website. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and Conditions.