LAST UPDATED: March 29, 2021

 

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the cocoammunity.org website (the “Service”) operated by Fine Cocoa Products Corp. (“Cocoammunity”, “Cocoammunity.org”, “us”, “we”, or “our”).

 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

 

THE SERVICE

Cocoammunity.org is a FREE of charge directory for a specific group of users to promote small businesses and sustainable cocoa sourcing. As the service is free of charge, Cocoammunity.org acts in good faith and with very limited resources. For that, there are no guarantees of any type regarding inclusion in this directory, time in which new applications will be reviewed, and any resources that need to be allocated in order to run the website, create content, etc.

 

By submitting your application for inclusion, you acknowledge these terms and you cannot file any claims of any type for not being included in this directory. Cocoammunity shall do its best effort to review all applications and include all qualifying small/artisanal/craft businesses, but has no obligation to do so.

 

Should you want to be removed from this service, please write an email to info@cocoasupply.com with the subject title “REMOVE FROM COCOAMMUNITY” and include in the body of the email your name, business name, website, and authorizing us to do so as a legal representative of your business. We will remove the listing within a reasonable time.

 

INTELLECTUAL PROPERTY

The Service and its original content, our name “Cocoammunity” and, features and functionality are and will remain the exclusive property of Cocoammunity. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cocoammunity.org. 

 

Any links, names of listed businesses, or trademarks belong to the rightful owner linked. No use of these names, pictures, or logos shall be used without the explicit and written consent of each individual business linked in this directory. Cocoammunity does not claim any legal right over any of these brands, webpages, products, and trademarks, but solely links them to provide a listing service free of charge.

 

 

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or services that are not owned or controlled by Cocoammunity.

Cocoammunity has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Cocoammunity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

 

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Cocoammunity. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

 

LIMITATION OF LIABILITY

In no event shall Cocoammunity., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT

• YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. COCOAMMUNITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

• COCOAMMUNITY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

• NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COCOAMMUNITY  OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS & CONDITIONS.

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NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

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GENERAL PRACTICES OF USE

You acknowledge that Cocoammunity may establish general practices and limits concerning the use of the Service. You agree that Cocoammunity has no responsibility or liability for the deletion or failure to store any messages and other communications or other Sites maintained or transmitted by the Service. You acknowledge that Cocoammunity reserves the right to deactivate accounts that violate our Terms & Conditions or violate our Submission Policies. You further acknowledge that Cocoammunity reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Cocoammunity. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

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MODIFICATIONS OF SERVICE

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

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EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

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GOVERNING LAW

The Terms of Service constitute the entire agreement between you and the COCOAMMUNITY, superseding any other agreements between you and COCOAMMUNITY. The Terms&Conditions and the relationship between you and COCOAMMUNITY shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Cocoammunity agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kings, New York. The failure of Cocoammunity to exercise or enforce any right or provision of the Terms&Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms&Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms&Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms&Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. New terms will be effective immediately. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

CONTACT US

If you have any questions about these Terms, please contact us at info@cocoasupply.com.

Any legal notifications and correspondence should be addressed to:

Fine Cocoa Products Corp, 67 35th Street, Unit C413, Brooklyn, NY 11232