TERMS OF USE AND PRIVACY NOTICE

Last Modified: 08.04.2017

The terms “you” and “your” refer to the person or entity who visits and/or uses the Website. The terms “we”, “our”, and “us” refer to Steven-Robert Originals, LLC (“SRO”). The term “Website” refers to orginaldesserts.com and any and all other websites owned, operated, or controlled by SRO.

By accessing and/or using the Website, you signify acceptance of all terms, conditions, and other provisions herein. If you do not fully accept all terms, conditions and provisions herein, you are not permitted to visit or use the Website.

Disclaimer of Warranties

WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE.” We expressly disclaim all WARRANTIES, GUARANTEES, OR REPRESENTATIONS WHATSOEVER, WHETHER WITH RESPECT TO RELIABILITY, FUNCTIONALITY, UPTIME, NONINFRINGEMENT, SECURITY, ACCURACY OR COMPLETENESS OF INFORMATION AND CONTENT, OR OTHERWISE.  YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISK FOR ACCESS TO AND/OR USE OF THE WEBSITE.

We do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY WEBSITE LINKED TO IT.  It is up to you to take all necessary precautions, including to ensure that whatever you select for your use is free of Items SUCH as viruses, worms, trojan horses and other items of destructive nature.  We make no warranties or representations whatsoever about any other website, including any belonging to a third party, which you may access through the Website.

Limitation of Liability

EXCEPT FOR ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW and notwithstanding anything to the contrary contained herein, IN NO CASE SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, PARENTS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LACK OF COST SAVINGS, LOSS OF PROGRAMS, LOSS OF INFORMATION OR LOSS OF ANY OTHER DATA) ARISING FROM OR RELATED TO THE WEBSITE (including but not limited to any application and/or service on the Website or on any website to which the Website links) OR ANY ACCESS TO OR USE (OR INABILITY TO ACCESS OR USE) OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR IF THE DAMAGES ARE FORESEEABLE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be limited to the minimum permitted under such applicable law.

Intellectual Property

The Website is intended for your personal use only. The Website, including but not limited to any and all logos, trademarks, text, software, programming code, applications, images, graphics, software, sound, animation and video files, and their arrangement, are proprietary to us and/or third parties and subject to intellectual property protection. No part of the Website (whether any logo, trademark, text, software, programming code, application, images, graphics, sound file, animation file, and video files, or otherwise) may in whole or in part be reproduced, copied, transferred, displayed, published, distributed, modified, or reposted. All intellectual property rights, including but not limited to copyrights, trademarks, and patents, are reserved and any use without prior written authorization from the respective owner is strictly prohibited.  You expressly agree to not copy, modify, rent, lease, loan, sell, distribute, display or create a derivative works based on the Website in any manner. Any use of third party software provided in connection with the Website will be governed by such third parties’ licenses.

Use of Website

You agree not to breach any term, condition or other provision herein, misrepresent your identify, violate any law, statute, ordinance or regulation in your use of the Website (including, but not limited to, any export regulations of the United States), or upload or transmit any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware of any potential or suspected violation of these Terms and Conditions and Privacy Notice, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend access or services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms and Conditions and Privacy Notice could be subject to criminal or civil penalties.

Indemnification

You agree to indemnify and hold harmless us and our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of any term, condition, or other provision herein, (b) your use of the Website, (c) your violation of any law or regulation (including but not limited to the export regulations of the United States); (d) any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission of your content in using the Website; and (e) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Website.

Links to third party websites:

Some of our web pages may contain links to third party websites. Please note that we are not responsible for the privacy policies, content, or practices of such other websites or their owners or operators.

Waiver

No waiver by us of any term, condition, or other provision herein shall be deemed a further or continuing waiver of such term, condition, or provision or a waiver of any other term, condition, or provision, and any failure by us to assert a right or provision hereunder shall not constitute a waiver of such right or provision.

Changes to the Website

We may update the content of the Website from time to time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Severability

The provisions herein are severable and the invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. In addition, in the event that any provision herein (or portion thereof) is determined by a court or arbitration body to be unenforceable as drafted (whether by virtue of the scope, duration, extent or character of any obligation contained therein, or otherwise), the parties acknowledge that it is their intention that such provision (or portion thereof) shall be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under applicable law.

Governing Law and Jurisdiction

All matters relating to the Website and/or to the terms and conditions herein and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, the Website and/or terms and conditions herein shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado. Notwithstanding the foregoing, in the event your domicile is outside of the United States, we expressly retain the right to bring any suit, action or proceeding against you for breach of any term, condition, or provision herein in the State of Colorado. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Headings

The headings herein have been inserted solely for convenience of reference, and shall not be considered in interpreting the terms, conditions or other provisions herein.

Modification

We reserve the right to update or change this Terms of Use and Privacy Notice at any time. If we make a material change to this Terms of Use and Privacy Notice, we will indicate on the Website that our practices have changed and will provide a link to the new policy. The date this Terms of Use and Privacy Notice was last revised is at the top of this page. You are responsible for periodically reviewing the Website and this Terms of Use and Privacy Notice to check for any updates or changes.

 

Privacy Notice

This policy describes the types of information we may collect from you or that you may provide when you visit the Website and our practices for collecting, using, maintaining, protecting, and disclosing that information.  Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Terms of Use and Privacy Notice. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features on the Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at INFO@ORIGINALDESSERTS.COM OR 303-375-9925.

Information Collected

As you use the Website, we collect information about you and the services you use. The information we collect falls into two different categories: (1) information you give us; and (2) information we collect from you automatically. 

Information You Give Us

We do not require visitors to submit personal information (meaning information about a visitor that can uniquely identify the visitor) to us while visiting the Website; however, we do require visitors to submit personal information to register for specific newsletters. You may also provide us information such as your name, email address, telephone number and/or other contact and demographic information when you contact us through the Website.

Information We Collect From You Automatically

The information we, our affiliates and/or third parties may collect by automated means may include, but is not limited to, information about the devices you use to access the Internet (such as the IP address and the type of the device, operating system, and web browser); dates, times, and duration of visits to the Website (including whether you are a repeat or first time visitor); information on actions taken on the Website (such as page views and site navigation patterns), and the domain name/web address of the website from which you visited the Website.  Collecting this type of information helps us to administer the Website, diagnose server problems, analyze trends and statistics, and provide better customer service.

Cookies:

We may also use “cookies” to gather information regarding the information for which you searched and that you viewed. A cookie is a small text file or piece of data that a website that you visit (for example our Website) can place or save onto your computer. Our cookies do not themselves contain personally identifiable information. However, if you provide such personally identifiable information to us (for example by registering for an Internet related service or password provided by us), such information may be linked to the data stored in the cookie. There are various types of cookies. A “persistent cookie” saves a file for a longer period of time onto your computer, and it can remain on your computer after you shut it off. Such cookie could, for example, be used to tell a visitor what information on the website has been updated since his or her last visit to that website. Another type of cookie is called “session cookie”. While you are visiting a website, session cookies are temporarily stored in your computer’s memory. This could be done, for example, to keep track of what language you have chosen at the website. We may use third parties to assist us in collecting or processing information obtained through cookies.

We may use cookies for a number of reasons, for example to: compile anonymous statistics related to patterns and trends of browsing; analyze sales data; conduct marketing research; adapt website content or functions; provide assistance to, or track site visits of users of, certain Internet-based services; enable users with passwords to re-enter certain web pages without having to retype previously typed information.

How to Avoid Cookies:

With most Internet browsers, you can set the browser to block cookies, erase cookies from your computer hard drive, or notify you that a web page contains cookies before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. Please note that some of our web pages may not work properly without the use of cookies.

Use of Your Personal Information

In general, personal information collected by us is used either to respond to requests that you make or to aid us in serving you better. We may use your personal information in the following ways:

  • to fulfill your requests;
  • to send you newsletters or other promotional materials;
  • to provide you with a product, service or information;
  • to process a transaction;
  • to respond to your questions and comments and provide customer support;
  • to operate, evaluate, improve and update our sites, products, and services; and
  • verify your compliance with your obligations in this Terms of Use and Privacy Notice or other SRO policies.

Who Personally Identifiable Information May be Shared With:

If you provide personally identifiable information to us in connection with the Website, we will not disclose your personally identifiable information to any third party without your consent, except as provided herein or unless required to do so by law, court order, or regulatory request, or unless we in good faith believe such action is necessary to (i) perform a task carried out in the public interest, or (ii) to defend our rights or property or those of any affiliate.  We may share your personally identifiable information with third party service providers to provide you with certain services, such as any newsletters or promotional materials.

We reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with this privacy policy.

To Remove, Correct, or Update Your Personally Identifiable Information:

If you would like to remove, correct, or update your personally identifiable information that you have submitted to us, or if you have any related concerns, please contact us. If you contact us in this regard, please note the web page name or location where you submitted the information, as well as the contact information (for instance name, email address, postal address, etc.) that you provided at that time.  Please remember, however, that if we have already disclosed some of your personal information to third parties, we cannot access that personal information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

Security:

We maintain technical and administrative measures to help protect personally identifiable information and other data on our servers from unauthorized access, loss, or alteration. However, no server or transmission over the Internet, and no measure, can be guaranteed to be one hundred percent secure. Therefore, any activity or communication or submission of personal information is conducted at your own risk.

Links to third party websites:

Some of our web pages may contain links to third party websites. Please note that we are not responsible for the privacy policies, content, or practices of such other websites or their owners or operators.

Modification of Privacy Notice:

We reserve the right to update or change this Terms of Use and Privacy Notice at any time. If we make a material change to this Terms of Use and Privacy Notice, we will indicate on the Website that our practices have changed and will provide a link to the new policy. You may contact us at any time to opt out of such new or different use of your personal information. The date this Terms of Use and Privacy Notice was last revised is at the top of this page. You are responsible for periodically reviewing the Website and this Terms of Use and Privacy Notice to check for any updates or changes.

Contact Us

If you have any questions or comments about the Website or this Terms of Use and Privacy Notice, you may email us at INFO@ORIGINALDESSERTS.COM OR 303-375-9925.