Terms of Use & Conditions

The following sections describe the basic parameters of the Agreement, including requirements for eligibility to use the SOMPTUEUSEMENT^SM website, modification of this agreement, termination of this agreement, and how SOMPTUEUSEMENT^SM gives notice of changes to this agreement. This agreement was last modified on June 28, 2008.

1.1. The Agreement

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the SOMPTUEUSEMENT^SM website, and your purchase of chocolates or other items (“goods”) through the SOMPTUEUSEMENT^SM website. By using the SOMPTUEUSEMENT^SM website, you agree to be bound by this Agreement, whether you are a "visitor", which means that you are simply viewing one of the SOMPTUEUSEMENT^SM website pages with an internet browser or other software, or you are a "purchaser", meaning you have registered with SOMPTUEUSEMENT^SM to purchase our goods. The term "user" shall refer to both visitors and purchasers. You are only authorized to use the SOMPTUEUSEMENT^SM website, whether such use is intentional or not, if you agree to abide by this Agreement, and all other applicable laws.  Please read this agreement carefully and save it. If you do not agree with it, you should leave the SOMPTUEUSEMENT^SM web site immediately, and discontinue use of the SOMPTUEUSEMENT^SM website.

1.2. Eligibility

You must be thirteen (13) years old or older to use the SOMPTUEUSEMENT^SM website, register as a Purchaser, or access any of the purchaser services. Use of the SOMPTUEUSEMENT^SM website, is void where it is prohibited. By agreeing to these terms, you represent that you are thirteen(13) years old or older, have the right, authority, and capacity to enter into this Agreement, and to abide by all of the terms and conditions of this agreement.

1.3. Modification of the Agreement

SOMPTUEUSEMENT^SM may modify this Agreement from time to time and such modification will be effective upon posting on the SOMPTUEUSEMENT^SM website. You agree to be bound to any changes to this Agreement when you use the SOMPTUEUSEMENT^SM website after any such modification is posted. It is important that you review this Agreement regularly to ensure you are aware of any changes. The current version of this Agreement can always be viewed at http://www.somptueusement.com/terms_of_use/ and printed from there.

1.4. Termination of the Agreement

You agree that SOMPTUEUSEMENT^SM may, without prior notice and at SOMPTUEUSEMENT's sole discretion, immediately terminate your SOMPTUEUSEMENT^SM account and access to the SOMPTUEUSEMENT^SM website. Cause for such termination may include, but is not limited to:
(a) breaches or violations of the Agreement or other incorporated agreements or guidelines
(b) requests by law enforcement or other government agencies
(c) At your request
(d) discontinuance or material modification to the SOMPTUEUSEMENT^SM website or any portion thereof.
(e) unexpected technical or security issues or problems
(f) extended periods of account inactivity
(g) your engagement in fraudulent or illegal activities, whether related to your use of the SOMPTUEUSEMENT^SM website or not; or
(h) nonpayment of any fees owed by you in connection with the SOMPTUEUSEMENT^SM website.
If SOMPTUEUSEMENT^SM terminates your account that will include:
(a) removal of access to all offerings within the SOMPTUEUSEMENT^SM website.
(b) deletion of your password and all related information associated with or contained in your account.
(c) barring of further use of the SOMPTUEUSEMENTSM website.
Further, you agree that SOMPTUEUSEMENTSM will make the decision to terminate your account at SOMPTUEUSEMENT’s sole discretion, and that SOMPTUEUSEMENTSM will not be liable to you or to any third party for any damages resulting from termination of your account, or loss of access to the SOMPTUEUSEMENTSM website.

1.5. Notices

SOMPTUEUSEMENTSM may provide you with notices, including those regarding changes to this Agreement, at SOMPTUEUSEMENT's sole discretion, in any manner SOMPTUEUSEMENTSM decides, including, but not limited to, posting to one of the SOMPTUEUSEMENTSM website, email or regular mail.

2. Your Obligations

As a part of your acceptance of this agreement, and in consideration for SOMPTUEUSEMENTSM providing continued access to the SOMPTUEUSEMENT^SM services or the SOMPTUEUSEMENTSM website, you have certain obligations. These include, but are not limited to, the obligations described in this section.

2.1. Your Registration Obligations

In consideration of your use of the SOMPTUEUSEMENTSM website, you represent that you are of legal age to form a binding contract and are not barred from receiving services under the laws of the United States or other applicable jurisdiction.

2.2. Purchaser Account, Password, and Security

Should you purchase goods from the SOMPTUEUSEMENT^SM website, you will create a password and submit an email address as an account designator. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify SOMPTUEUSEMENT^SM of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. SOMPTUEUSEMENT^SM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

3. SOMPTUEUSEMENT’s Intellectual Property

SOMPTUEUSEMENT^SM owns certain valuable intellectual property included in the SOMPTUEUSEMENT^SM website. The following describes your license to use that intellectual property, and your obligations to use it in accordance with that license.

3.1. Ownership of the Information

This website contains information, text, software, photos, video, graphics, music, sounds, and other material (called “Materials”) that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called “Intellectual Property Rights”). These Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later. All right, title, and interest in these Materials, with the exception of any Purchaser provided content, and any Intellectual Property Rights owned by third parties belong solely and exclusively to SOMPTUEUSEMENT^SM.

3.2. Third Party Intellectual Property Rights

Any Intellectual Property Rights not owned by SOMPTUEUSEMENT^SM are the property of their respective owners.

3.3. Use of the Information and Materials on the Website

Except as you may be expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of SOMPTUEUSEMENTSM, and any other owner of the Intellectual Property Rights in such Materials.

 You must have prior written permission from SOMPTUEUSEMENTSM to reproduce Materials from the SOMPTUEUSEMENTSM website. If you reproduce Materials from the SOMPTUEUSEMENTSM website, you must preserve any copyright, trademark or other notices contained in or associated with the Materials. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the website, you must go to the place on the website where such notices appear and copy them into the Materials you are reproducing.

3.4. SOMPTUEUSEMENT’s Copyrights and Trademarks

All copyrights and copyrightable materials which are part of SOMPTUEUSEMENT^SM that are not Purchaser content, including without limitation, the SOMPTUEUSEMENT^SM logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT © 2007 Chocolate Tastes, LLC., ALL RIGHTS RESERVED.

SOMPTUEUSEMENT, the SOMPTUEUSEMENT logo, graphics and icons in the software are trademarks of Chocolate Tastes, LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of SOMPTUEUSEMENTSM.

4. Services

SOMPTUEUSEMENTSM offers certain services to its customers. These sections describe those services, and SOMPTUEUSEMENT’s policy for changing those services.

4.1. Description Of The Services

SOMPTUEUSEMENT^SM provides users with the ability to see goods from SOMPTUEUSEMENT^SM and third party vendors, read SOMPTUEUSEMENT^SM and third party reviews of our goods, and purchase our goods via the  SOMPTUEUSEMENT^SM website. The SOMPTUEUSEMENT^SM website is designed to be accessed through the use of software such as Microsoft Internet Explorer, Firefox, Opera, or other “web browsers.”  The SOMPTUEUSEMENT^SM website could include inaccuracies, typographical errors or other errors. We make no commitment, nor have any obligation, to update information or material on the SOMPTUEUSEMENT^SM website. You should not rely upon any information on the SOMPTUEUSEMENT^SM website in making business, financial, personal or other decisions. Furthermore, SOMPTUEUSEMENT^SM does not sanction or approve the opinions of third parties expressed on the SOMPTUEUSEMENT^SM website or on web sites linked to the SOMPTUEUSEMENT^SM website.

4.2. Modifications To Services

SOMPTUEUSEMENT^SM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SOMPTUEUSEMENT^SM website (or any part thereof) with or without notice. You agree that SOMPTUEUSEMENT^SM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SOMPTUEUSEMENT^SM website.

4.3. Risk of Loss

All purchases of goods from SOMPTUEUSEMENT^SM are made through to a shipment contract. This means that ownership and title for the items you purchase passes to you immediately upon our delivery to the carrier. As such, the risk of loss for such items passes to you upon our delivery to the carrier as well. SOMPTUEUSEMENT^SM is not responsible for any damage or loss resulting from the shipment of any goods purchased from SOMPTUEUSEMENT^SM through the SOMPTUEUSEMENT^SM web site.

4.4. Product Descriptions

SOMPTUEUSEMENT^SM attempts to be as accurate as possible in its description of products. However, SOMPTUEUSEMENT^SM does not warrant that product descriptions, reviews, or other content of the SOMPTUEUSEMENT^SM website is accurate, complete, reliable, current, or error-free. If a product offered by SOMPTUEUSEMENT^SM is not as described, your sole remedy is to return it.

4.5. Security

We use Secure Socket Layers (SSL) encryption on our website, and strive to keep your data secure. Our obligations to keep that data secure are described in full in our Privacy Policy, accessible at Privacy

4.6. Shipping

You will find our shipping policy at Shipping If you return an item to us, or request that an item be replace, we will honor your request as described in our shipping policy. However, replacement and reimbursement according to our shipping policy is a SOMPTUEUESEMENT’s sole discretion. No action we take will modify the terms of this agreement, any such modification being required in writing, posted to the website.

5. Privacy

SOMPTUEUSEMENT^SM takes the privacy of our purchasers’ information very seriously. This section describes the privacy policy, and some important limitations to it.

5.1. SOMPTUEUSEMENT’s Privacy Policy

Registration Data and certain other information about you, known as “Personally Identifiable Information,” is subject to our Privacy Policy. By using the SOMPTUEUSEMENT^SM website, you represent that you have read that Privacy Policy and that you have accepted its terms. You understand that through your use of the SOMPTUEUSEMENT^SM website you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by SOMPTUEUSEMENT^SM, its affiliates and under certain circumstances, commercial partners. The SOMPTUEUSEMENT^SM Privacy Policy can be viewed and printed at http://www.somptueusement.com/privacy_policy/.

5.2. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all rules regarding online conduct specific to any geographic location in which you use the SOMPTUEUSEMENT^SM website. You also agree to comply with any applicable United States export rules that may govern the geographic location in which you use the SOMPTUEUSEMENT^SM website.

5.3. Limitation on the Privacy of Your Registration Data and Content

You agree that SOMPTUEUSEMENT^SM may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Agreement;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service;
(e) protect the rights, property or personal safety of SOMPTUEUSEMENT^SM, its users and the public.

6. Third Party Interactions

6.1. Third Party Goods Purchased Through SOMPTUEUSEMENTSM

SOMPTUEUSEMENT^SM may sell the goods of other vendors through the SOMPTUEUSEMENT^SM web site. SOMPTUEUSEMENT^SM is not responsible for any damage or loss of goods shipped directly from third party vendors to you, even if they are purchased through the SOMPTUEUSEMENTSM web site.

6.2. Links On The SOMPTUEUSEMENTSM Web Site

SOMPTUEUSEMENT^SM or third parties may provide links from the SOMPTUEUSEMENT^SM website to other World Wide Web sites or resources. Because SOMPTUEUSEMENT^SM has no control over such sites and resources, you agree that SOMPTUEUSEMENT^SM is not responsible for the availability of such external sites or resources, and you agree that SOMPTUEUSEMENTsm does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such other sites or resources. You further agree that SOMPTUEUSEMENT^SM is not liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such Content, goods or services associated with any such site or resource.

7. Disclaimers and Limitations

This section includes important disclaimers and limitations on SOMPTUEUSEMENT’s liability.

7.1. Disclaimer of Warranties

THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GOODS PROVIDED THROUGH THE SOMPTUEUSEMENT^SM WEBSITE, AND THE SERVICES AND INFORMATION ON THE SOMPTUEUSEMENTsm WEBSITE ARE PROVIDED ENTIRELY "AS IS," WITHOUT ANY WARRANTY WHATSOEVER, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOMPTUEUSEMENTSM OR THROUGH OR FROM THE SOMPTUEUSEMENTSM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

7.2. Limitation of Liability

THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
IN NO EVENT SHALL SOMPTUEUSEMENTSM, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) DAMAGES, LOSS OR INJURY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY GOODS, SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS NOW OR HEREAFTER KNOWN. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOST PROFITS, PHYSICAL AND/OR PERSONAL INJURY, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU AGREE AND ACKNOWLEDGE THE ECONOMIC TERMS OF THIS AGREEMENT FAIRLY AND EQUITABLY REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A MATERIAL INDUCEMENT FOR US TO MAKE AVAILABLE TO YOU OUR SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.

7.3. Indemnification

You agree to indemnify and defend SOMPTUEUSEMENT^SM and its subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney's fees and costs, made by any third party due to or arising out of your use of the SOMPTUEUSEMENT^SM website, your connection with the SOMPTUEUSEMENT^SM website, or your violation of this Agreement.

7.4. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided herein, this Agreement does not confer and is not intended to confer any rights or remedies upon any person other than you.

7.5. Non-Transferability and No Right of Survivorship

You agree that your right to access the SOMPTUEUSEMENT^SM website through a purchasership is non-transferable and any rights to your purchasership or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents permanently deleted.

8. Dispute Resolution

This section contains agreements regarding how you and SOMPTUEUSEMENT^SM will resolve disputes between you, including a clause mandating Arbitration in any dispute, and a clause waiving your rights to pursue a class action against SOMPTUEUSEMENT^SM, or a class arbitration against SOMPTUEUSEMENT^SM.

8.1. Arbitration

You and SOMPTUEUSEMENT^SM each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a "Claim") arising out of or in connection with these Terms of Use, the Privacy Policy, your or SOMPTUEUSEMENT's rights and obligations under these Terms of Use or the Privacy Policy, the Site, the use of the Site, or the services or products that may be provided by, through, or in connection with the Site.
To the extent you have in any manner violated or threatened to violate SOMPTUEUSEMENT's intellectual property rights, however, SOMPTUEUSEMENT^SM may seek injunctive or other appropriate relief in any state or federal court in the District of Columbia, and you consent to exclusive jurisdiction and venue in such courts.
The arbitration will be held in the District of Columbia before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. You may select one of the following arbitration organizations and its applicable rules: the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (http://www.arb-forum.com/), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (http://www.jamsadr.com/).
If you fail to select an arbitration organization within 30 days after notice from SOMPTUEUSEMENTSM, SOMPTUEUSEMENT^SM may select the organization. You may obtain a copy of the rules of each organization by contacting the organization. In the event that any Claim cannot be submitted to binding arbitration pursuant to the rules of any such organization, such event shall not affect the enforceability of this clause so long as the Claim may be submitted to binding arbitration with one of the organizations. You and SOMPTUEUSEMENT^SM shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party.

8.2. Arbitration Final

The arbitrator's award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, the provisions of Section 11.2 of these Terms of Use shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

8.3. No Class Action

These Terms of Use provide that all Claims will be resolved by binding arbitration and not in court or by jury trial. IF A CLAIM IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS PURCHASER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE COMPANY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.

9. Governance

This section includes several important clauses governing the interpretation of the contract, where and under what law disputes may be adjudicated, and other important aspect of the governance of this agreement.

9.1. Entire Agreement

This Agreement constitutes the final agreement between you and SOMPTUEUSEMENT^SM. It is the complete and exclusive expression of your agreement on the matters contained herein. All prior and contemporaneous negotiations and agreements between you and SOMPTUEUSEMENT^SM on matters contained in this Agreement are expressly merged into and superseded by this Agreement. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into this Agreement, neither you nor SOMPTUEUSEMENT^SM has relied upon any statement, representation, warranty or agreement of the other party except for those expressly contained in this Agreement. THERE ARE NO CONDITIONS PRECEDENT TO THE EFFECTIVENESS OF THIS AGREEMENT, OTHER THAN THOSE EXPRESSLY STATED IN THIS AGREEMENT.

9.2. Choice of Law, Forum, and Venue

THE LAWS OF THE DISTRICT OF COLUMBIA, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PRINCIPLES, GOVERN ALL MATTERS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLETES, INCLUDING, WITHOUT LIMITATION, ITS INTERPRETATION, CONSTRUCTION, PERFORMANCE, AND ENFORCEMENT.
You have agreed in Section 8 to submit to binding arbitration. However, if Section 8 is found not to have legal affect by any court with jurisdiction over this agreement, jurisdiction over actions arising out of or related to this Agreement, and jurisdiction over SOMPTUEUSEMENT^SM, then if you bring a legal action or proceeding against SOMPTUEUSEMENT^SM arising out of or related to this Agreement, you agree that you may only bring such action or proceeding in the United States District Court for the Eastern District of Virginia, or in any court of the Commonwealth of Virginia sitting in Fairfax County, Arlington County, or the City of Alexandria.

9.3. Severability and Waiver

SOMPTUEUSEMENT’s failure to exercise or enforce any right granted in this Agreement shall not constitute a waiver of such right.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you nonetheless agree that such court should endeavor to give full effect to the parties’ intentions as reflected in such provision, and you agree that other provisions of the Agreement remain in full effect.

9.4. No Agency

This Agreement creates no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and SOMPTUEUSEMENT^SM, and intends no such relationship.

9.5. Survival
Sections 7, 8, and 9 will survive the termination or expiration of this agreement.

9.6. Claim Time Limitation

You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the SOMPTUEUSEMENT^SM website, or this Agreement must be filed within one year after such claim or cause of action arises or be forever barred.

9.7. Captions Not Binding

The captions and numbering of this Agreement are a convenience only and have no legal effect.