Please review the following terms and conditions that govern your use of our Site (the “Agreement”). We may, without prior notice and at any time, change the terms that govern your use of our Site. Your use of our Site following any such changes constitutes your agreement to follow and be bound by the terms as changed.
Site Contents and Use:
Unless otherwise noted, all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Sweets, Etc. LLC. and its subsidiaries and/or affiliates (collectively “Hattie’s Sweet Shop”). The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
As a condition of your use of this Site, you warrant to Hattie’s Sweet Shop that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
Hattie’s Sweet Shop reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that Hattie’s Sweet Shop is not responsible for third party access to your account. Hattie’s Sweet Shop reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Right to Change Site:
Hattie’s Sweet Shop may, at any time: modify or discontinue all or any part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. You agree we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
User Comments, Feedback & Other Submissions:
All comments, feedback, notes, messages, ideas, suggestions or other communications submitted or offered to Hattie’s Sweet Shop through this Site or offered in connection with your use of this Site whether disclosed online, by email, by post mail or otherwise (collectively, “Comments”) shall be and remain the exclusive property of Hattie’s Sweet Shop. Your submission of any such Comments shall constitute an assignment to Hattie’s Sweet Shop of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Hattie’s Sweet Shop will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us. Hattie’s Sweet Shop has the right but not the obligation to monitor and edit or remove any Comments. You agree your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Hattie’s Sweet Shop or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Hattie’s Sweet Shop takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Availability, Errors & Inaccuracies:
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Products displayed may be out-of-stock or discontinued, and prices are subject to change. We apologize for any inconvenience this may cause you.
Hattie’s Sweet Shop strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, Hattie’s Sweet Shop cannot guarantee that your monitor’s display of any color will be accurate.
Risk of Loss:
The risk of loss and title to products purchased on the Site pass to you upon Hattie’s Sweet Shop’s delivery to the carrier.
Links to Other Websites & Services:
The Site may contain links to websites of third parties, outside services and resources, the availability and content of which Hattie’s Sweet Shop does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Hattie’s Sweet Shop has no responsibility for the linked sites nor does linking constitute an endorsement of any kind. Links are provided solely for the convenience and information of the Site’s users and your use of third party sites is at your own risk.
This Agreement incorporates by reference the terms and conditions of the Returns Policy.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HATTIE’S SWEET SHOP EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE SITE, ALTHOUGH HATTIE’S SWEET SHOP MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. HATTIE’S SWEET SHOP SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
As a condition of your use of the Site, you agree to defend, indemnify and hold Hattie’s Sweet Shop, and its respective employees, directors, officers, agents, vendors and suppliers harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site including without limitation any Comments submitted by you and/or your breach of any representation, warranty, or other provision of the Agreement.
This Site is operated by Hattie’s Sweet Shop from its offices in Portland, Oregon. This Agreement shall be construed in accordance with the laws of the State of Oregon, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Oregon, County of Multnomah.
You may terminate this Agreement at any time. Hattie’s Sweet Shop also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.