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Disclaimer
CHOCOVISION CORPORATION MAKES NO WARRANTY OF ANY KIND WITH REGARD
TO THIS SITE, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS
PROVIDED ON THIS SITE. ALL SERVICES, INFORMATION AND MATERIALS
PROVIDED ON THIS SITE ARE "AS IS". CHOCOVISION CORPORATION
DOES NOT WARRANT THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS. CHOCOVISION CORPORATION DOES NOT
WARRANT THAT THE PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
WILL MEET YOUR REQUIREMENTS, THAT THE PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL IS FIT FOR ANY PARTICULAR PURPOSE OR THAT THE
USE OF THE CHOCOVISION CORPORATION SITE WILL BE UNINTERRUPTED,
ERROR-FREE OR VIRUS-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE CHOCOVISION CORPORATION SERVICE
IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY MATERIAL. ANY IMPLIED WARRANTIES, INCLUDING
MERCHANTABILITY, ITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
ARE EXPRESSLY EXCLUDED. Some states do not allow the exclusion
of implied warranties, so the above exclusion may not apply to
you. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT ChocoVision
CORPORATION, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS,
AGENTS, CO-BRANDERS OR OTHER PARTNERS AND EMPLOYEES SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, SAVINGS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE THE PRODUCTS
AND/OR SERVICES OF ChocoVision CORPORATION, THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES, THE UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE OR ANY OTHER MATTER RELATING
TO THE SERVICE.
This limitation of liability shall apply regardless of whether
the claim is made on the basis of agreement, negligence or any
other legal theory. Some jurisdictions do not allow the limitation
or exclusion of liability for incidental or consequential damages.
Some of the above limitations may not apply to you. Copyright:
The ChocoVision Corporation site and all of its modules is the
copyrighted property of ChocoVision Corporation and/or its third
party members, provided or distributors. None of the content or
data found on this site may be reproduced, republished, distributed,
sold, transferred or modified without the express written permission
of ChocoVision Corporation and/or its third party members, providers
or distributors. All trademarks, logos and service marks display
on ChocoVision Corporation are registered and common law trademarks
of ChocoVision Corporation, its affiliates and third parties.
You may not use, reproduce, or republish any such trademarks without
the written permission of ChocoVision Corporation or other party
who owns the trademarks. No license is granted to the use of such
trademarks by reason of appearance on this site. Some of the information
that appears on ChocoVision Corporation may be subject to copyright
and the intellectual property of others.
If you believe that your
work has been used in a manner that would constitute infringement
of copyright laws, please notify ChocoVision Corporation with
the following information: 1. an electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyright. 2. a description of the work that you claim has been
infringed; 3. a description of where the material you claim is
subject to copyright; infringement may be located on the ChocoVision
Corporation site; 4. your address, telephone number and e-mail
address; 5. a statement that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law; 6. a statement, made under penalty of perjury,
that the information in your Notice of Copy right infringement
is accurate, that you are the copyright owner, or authorized to
act on behalf of the copyright owner. The above information should
be forwarded to : Jeff Carano ChocoVision Corporation PO BOX 5201
Poughkeepsie, NY 12602 Telephone: 845-473-4970 General Provisions:
This agreement is the entire agreement between you and ChocoVision
Corporation and governs your use of the services provided. It
supersedes and prior agreement or arrangement between you and
ChocoVision Corporation and may not be amended or modified except
in writing or by making such amendments or modifications available
on this site. This agreement and its performance shall be governed
by and construed in accordance with the laws of the State of New
York without regard to its conflict of laws provisions. You consent
to the exclusive jurisdiction and venue of the state courts located
in the County of Dutchess or the federal courts located in New
York, New York for all questions and controversies arising out
of your use of this site and/or this agreement. Any cause of action
against ChocoVision Corporation must be commenced within one (1)
year after the claim or cause of action arises. If any provision
of this agreement is held to be invalid or unenforceable, such
provisions shall be struck and the remaining provisions shall
be enforced.
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