Terms of service

Welcome to this website (“the Site”), which is owned and operated by Chocolate Holdings, Inc., doing business as John Kelly Chocolates (“Chocolate Holdings”). Chocolate Holdings maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site (“Terms of Use”). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. Chocolate Holdings reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.

Use of Content on the Site

You may view, download, and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.

Products and Services Offered By Chocolate Holdings on the Site

Chocolate Holdings offers products and services on the Site. Chocolate Holdings does not warrant that any product descriptions or content contained in this website is accurate, current, reliable, complete, or error-free.

Copyright Information

The Site and the content within the Site are the property of Chocolate Holdings or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Chocolate Holdings. Chocolate Holdings reserves all rights in the Site and its content not specifically granted in any agreements with Chocolate Holdings or in the Terms of Use.

Trademark Information

John Kelly Chocolates® and other marks indicated on our site are registered trademarks of Chocolate Holdings, Inc. in the United States. All other trademarks not owned by Chocolate Holdings or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Chocolate Holdings or its subsidiaries.

Privacy Statements

Because we respect your right to privacy, we have developed a Privacy Policy to inform you about our privacy practices. You can see it here.

Third Party Web Sites and Information

The Site may provide hyperlinks to third party websites or access to third party content. Chocolate Holdings does not control, endorse, or guarantee content found in such sites. You agree that Chocolate Holdings is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Chocolate Holdings shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.

Text Messages (SMS)

By opting in to John Kelly Chocolates text messages, for example by checking the text message box at checkout, you agree to receive recurring automated marketing text messages, such as coupons, offers and new product announcements, at the mobile number you provide. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe at any time. Reply HELP or email service@johnkellychocolates.com for help. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle your information.

Disclaimer

All content, services, products and software provided on this web site are provided “as is” without warranty of any kind, either express or implied. Chocolate Holdings and its suppliers and licensors disclaim all warranties, express or implied including, without limitation, those of merchantability, fitness for a particular purpose and noninfringement. You are solely responsible for the appropriateness of the site, its content, and the products and services offered by Chocolate Holdings on the site for your intended application and use. Chocolate Holdings does not warrant that the site, its content, or the products and services it offers on the site meet your requirements. Subject to the terms of any agreement between you and Chocolate Holdings, Chocolate Holdings, its suppliers and licensors shall not be liable for any direct, indirect, special, consequential, incidental, or punitive damages, even if Chocolate Holdings, its suppliers or licensors have been advised of the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Indemnity

You agree to defend, indemnify, and hold harmless Chocolate Holdings, employees, attorneys, and agents (“Indemnitees”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur in connection with your use of the Site or any hyperlinked web site.

Applicable Laws

All matters relating to your access to and use of the Site shall be governed by U.S. federal law or the laws of the State of California.

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.