Terms & Conditions
Custom Choice Cereal, LLC (“Custom Choice Cereal”, “the Company”) provides its website features and products as a service to its customers and other interested parties subject to the following Terms & Conditions. These Terms & Conditions govern your use and access to this Site and your business with the Company. By using this Site, you agree to the following Terms & Conditions as well as all policies within this Site (including the Company’s Return Policy). Please read them carefully. By accepting these Terms & Conditions, you agree that the Terms & Conditions and Privacy Policy will apply whenever you use Custom Choice Cereal sites or services, or when you use the tools available to interact with Custom Choice Cereal sites and services.
This Agreement is effective October 5th, 2009.
General
These Terms & Conditions and your relationship with Custom Choice Cereal under these Terms & Conditions are governed by the laws of the State of North Carolina, without regard to its conflict of laws provisions or the rules of conflict that may cause the laws of another jurisdiction to apply. You agree to submit to the exclusive jurisdiction of the federal or state courts located within the State of North Carolina in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. Notwithstanding this, you agree that Custom Choice Cereal shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The failure of Custom Choice Cereal to enforce any provision or right of these Terms & Conditions will not constitute a waiver of such provision or right. These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Communication
When you visit the Custom Choice Cereal Site or send e-mails to the Company, you are communicating with Custom Choice Cereal electronically. Doing so implies that you consent to receive communications from Custom Choice Cereal electronically. Custom Choice Cereal will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that Custom Choice Cereal provides to you electronically satisfy any legal requirement that such communications be in writing. You are prohibited from posting or transmitting to the Site any unsolicited chain letters or "spam", or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, Custom Choice Cereal will have no liability related to the content of any such communications.
Privacy Policy
Custom Choice Cereal respects the privacy of its customers and encourages you to read its Privacy Policy to understand the Company’s practices and make an informed decision about using this Site. The Privacy Policy explains how Custom Choice Cereal treats your personal identification information and protects your privacy. It also governs your visit to www.customchoicecereal.com.
Links to Third Party Websites
Custom Choice Cereal provides links to third party websites as a convenience to you, and the inclusion of any link does not imply endorsement, investigation, or verification of the linked website or any information contained in it. Custom Choice Cereal does not control such third party websites and is not responsible for the content of any linked website(s) or any link(s) contained in a linked website(s), any changes or updates to them, or the collection of any personal data or information by the operators of such websites.
Product Descriptions
Custom Choice Cereal aims to provide accurate information at all times. However, Custom Choice Cereal does not warrant that descriptions or other content of the Site are completely accurate, comprehensive, reliable, current, or error-free.
Provisions of Products and Services by Custom Choice Cereal
Custom Choice Cereal is constantly innovating and adding ingredients to its offering in order to provide the best possible experience for its customers. You acknowledge and agree that the form and nature of the services which Custom Choice Cereal provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Custom Choice Cereal may stop (permanently or temporarily) providing its services (or any features within its services) to you or to users generally at Custom Choice Cereal’s sole discretion, without prior notice to you. You may stop using the Site and its services at any time and do not need to specifically inform Custom Choice Cereal when you stop using its services. You acknowledge and agree that if Custom Choice Cereal disables access to your account, you may be prevented from accessing the services, account details, or any content which is contained in your account.
Your use of the Products and Services Offered
Certain functions of this Site may require you to provide personal identification information (such as identification or contact details) as part of the registration process or as part of your continued use of the services provided by Custom Choice Cereal. By using this site, you agree that any registration information you give to Custom Choice Cereal will always be accurate, correct, and current. You agree to use the Company’s services only for purposes that are permitted by (a) these Terms & Conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to attempt to access any of the Company’s services by any means other than through the website interface that is provided by Custom Choice Cereal, unless you have been specifically allowed to do so in a separate agreement with Custom Choice Cereal. You specifically agree not to attempt to access any of the Company’s services through any automated means (including use of scripts or web crawlers). You further agree that you will not engage in any activity that interferes with or disrupts the proper functioning of this Site and the Company’s services (or the servers and networks which are connected to the Company’s services).
These Terms & Conditions apply until terminated by either you or Custom Choice Cereal. If you want to terminate your legal agreement with Custom Choice Cereal, you may do so by (a) notifying Custom Choice Cereal at any time and (b) closing your accounts for all of the Company’s services which you use. Your notice should be sent, in writing, to the address of Custom Choice Cereal.
Content License from You
You retain copyright and any other rights you already hold in content which you submit, post or display on or through this Site. By submitting, posting, or displaying any content you give Custom Choice Cereal a perpetual, irrevocable, worldwide, sub-licensable (through multiple tiers), royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post, or display on or through this Site. You also grant Custom Choice Cereal a right to exercise the copyright, trademark, publicity, and database rights you have in the content, in any media known, now or in the future. This license is for the sole purpose of enabling Custom Choice Cereal to display, distribute, and promote its products/service offering.
You understand that Custom Choice Cereal, in performing the required technical steps to provide its services to its users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit Custom Choice Cereal to take these actions.
You confirm and warrant to Custom Choice that you have all the rights, power, and authority necessary to grant the above license.
Password and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of your account and the passwords associated with the account you use to access this Site. You also agree and understand that you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Accordingly, you agree that you will be solely responsible to Custom Choice Cereal for all activities that occur under your account.
Shipping Policy
Under normal circumstances, Custom Choice Cereal creates, packs, and ships all orders within 48 hours of receiving them. However, due to large order volumes, weather conditions or circumstances beyond the Company’s control, orders will ship out as soon as possible. Depending on the distance, products normally take 2-5 business days to arrive at their destination. If you are interested in faster shipping, please indicate this by contacting us .
Return Policy
All sales at Custom Choice Cereal are final. However, you may return a received item if you include a written description for the reason of return. Custom Choice Cereal will decide at its sole discretion if you are eligible for a replacement product/refund on a case-by-case basis.
For the safety of all customers, no returned food items are re-sold, regardless of their condition.
Cancellation Policy
Orders may be cancelled by customers with advance notice. If you wish to cancel a recently placed order, Custom Choice Cereal will do everything possible to honor your request; however, if the order has been processed for shipment, it cannot be canceled or revised.
Right of Withdrawal
Custom Choice Cereal reserves the right of withdrawal from the contract under special circumstances, such as, but not limited to, shortage of ingredients and/or supplies. In these special circumstances, Custom Choice Cereal will immediately inform the affected customers.
Copyrights
The design and layout as well as all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Custom Choice Cereal and/or its content suppliers and are protected by copyright laws.
You acknowledge and agree that Custom Choice Cereal (or its licensors) own all legal right, title, and interest in and to all services and content provided, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that Custom Choice Cereal’s services may contain information which is designated confidential and that you shall not disclose such information without the prior written consent of Custom Choice Cereal.
Unless you have been specifically permitted to do so in a separate agreement with Custom Choice Cereal, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Company’s products or services for any purpose. Unless you have agreed otherwise in writing with Custom Choice Cereal, nothing in the Terms & Conditions gives you a right to use any Company trade names, trade marks, service marks, logos, domain names, product pictures and other distinctive brand features.
Limited Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CUSTOM CHOICE CEREAL, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(1) ANY DIRECT; INDIRECT, INCIDENTIAL, ECONOMIC, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OR PRODUCTS OBTAINED FROM CUSTOM CHOICE CEREAL, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE RESULTING FROM ANY RELIANCE BY YOU ON ANY INFORMATION OR PRODUCTS OBTAINED FROM CUSTOM CHOICE CEREAL OR ITS COMPLETENESS OR ACCURACY;
(3) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE RESULTING FROM THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES OR PRODUCTS, YOUR FAILURE TO PROVIDE CUSTOM CHOICE CEREAL WITH ACCURATE ACCOUNT INFORMATION, OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CUSTOM CHOICE CEREAL (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY AMOUNT YOU PAID TO CUSTOM CHOICE CEREAL FOR ACCESS TO OR USE OF THIS SITE OR PRODUCTS PURCHASED.
Exclusion of Warranties and Site Disclaimer
NOTHING IN THESE TERMS & CONDITIONS, INCLUDING THE LIMITED LIABILITY AND THE EXCLUSION OF WARANTIES AND SITE DICLAIMER, SHALL EXCLUDE OR LIMIT WARRANTY OR LIABILITY OF CUSTOM CHOICE CEREAL FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE LIABILITY OF CUSTOM CHOICE CEREAL, ITS SUPPLIERS, AFFILIATES AND LICENSORS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THIS SITE, ALL CONTENTS OF THE SITE AND ALL PRODUCTS ARE PROVIDED BY CUSTOM CHOICE CEREAL ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. CUSTOM CHOICE CEREAL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUSTOM CHOICE CEREAL OR THROUGH OR FROM THE OFFERED SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
CUSTOM CHOICE CEREAL DISCLAIMS ANY WARRANTY WITH REGARD TO ITS PRODUCTS, THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS, THE INFORMATION, MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUSTOM CHOICE CEREAL SPECIFICALLY INFORMS YOU THAT IT MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.
BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. CUSTOM CHOICE CEREAL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
Modification and Severability
Custom Choice Cereal reserves the right to make changes to this Site, Policies, and these Terms & Conditions at any time and at the Company’s sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. All changes take effect when posted on this Site. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
