Terms & Conditions - Fabulously Sweet Creations

Please Read Carefully.
We at Fabulously Sweet Creations, LLC (“we” or “us” or “our”) are happy that you (“you” or “user” or “shopper”) have visited our website (the “Site”) to search for, order, or otherwise salivate over the delicious chocolate and pastry delights available from our store! We are certainly grateful for shoppers with exquisite palates who appreciate fine chocolates and specialty pastries.

By accessing this Site, you agree to the following Terms and Conditions. If you do not agree, exit the Site and do not use it further.

We may update these Terms and Conditions from time to time, so we invite you to review this page periodically. When we make changes, we will post the updated Terms and Conditions on this page. We may also send an e-mail to you, or notify you the next time you log in. All changes will go into effect (the “Effective Date”) on the date that is specified in the Terms and Conditions. The new Terms and Conditions will apply to all users of fabsweetcreations.com who access the Site after the Effective Date and will replace any prior inconsistent Terms and Conditions. By using the Site, you consent to these Terms and Conditions. All products, services, software, applications, or features available on or through this Site are subject to these Terms and Conditions, including but not limited to the EXCLUSION OF WARRANTIES and LIMITATIONS OF LIABILITY below.

PRIVACY POLICY

You agree to be bound by the terms of our Privacy Policy.

LIMITATIONS ON USE

You must be at least 18 years old to use the Site. You may browse the Site, use its applications and features, and you may download material displayed on the Site, all for non-commercial, personal use only. You may not remove any copyright, trademark, or other proprietary notices from materials you download. You may not distribute, modify, transmit, reuse, re-post, or otherwise use any material from the Site for public or commercial purposes. These limitations apply to all material on the Site, including but not limited to the text, applications, computer code, images, audio, and video. Any use contrary to these limitations is a violation of the intellectual property rights of Fabulously Sweet Creations, Inc. and/or its contributors. Unless otherwise noted, all material on the Site is copyrighted. Copyright violation is a serious offense, punishable by civil and criminal penalties.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send emails to us, you are communicating with us electronically. By doing so, you consent to receive emails, agreements, notices, disclosures, and other communications (“Communications”) from us electronically. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge and agree that Communications are not privileged or confidential.

MEMBER ACCOUNT

You must be 18 years of age or older to become a Member. When you create an account, you agree that you are solely responsible for maintaining the confidentiality and security of your account. We may disable your account at any time if you violate these Terms and Conditions. While we work to protect information you provide to us, we do not warrant and cannot ensure the security of any information you transmit to us.

LIMITATIONS ON LIABILITY

The Site and all information, security, and functionality on the Site is provided “as-is” without warranty of any kind, either express or implied, including , but not limited to, implied warranties of merchantability, fitness for a particular purpose, or infringement. Without limiting the foregoing, we disclaim any warranties for the security, reliability, timeliness, and performance of any services, applications, features, information, or advice on the Site or through any links to the Site.

Neither we nor our affiliates and service providers shall be liable for any direct, indirect, incidental, consequential, punitive, or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site, including but not limited to any failure of performance, error, omission, interruption, defect, or computer virus, or the deletion, failure to store, misdelivery, or unavailability of any information, material, products, services, applications, or features, even if advised of the possibility of such damages or losses. Our maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you paid to us for your purchase through this Site of information, material, products, or services. By using the Site, you release and hold harmless us and our affiliates, officers, directors, employees, and agents from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to your use of the Site or any information, material, products, or services accessed, downloaded, or purchased from this Site. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. To the extent that any provision of these Terms and Conditions is held inapplicable by a court, the rest of the terms shall nevertheless remain in force.

DISPUTE RESOLUTIONS

If there is any dispute between you and us, you agree to contact us first to attempt amicable resolution privately and informally. If you dispute is not so resolved, the you agree to have it resolved by binding arbitration administered by the American Arbitration Association under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, or provide any relief to, any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you do not have access to a court or jury.

LINKS TO THIRD PARTY SITES

This Site may contain links to websites controlled by parties other than us. We may work with certain partners and affiliates whose sites are linked with ours. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services, use, or functionality of any third-party site, any website accessed from a third-party site, or any changes or updates to such third-party sites. We make no guarantee about the content or quality of the products or services provided by such third-party sites. We are not responsible for webcasting or any other form of transmission received from any third-party site. We provide those links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the third-party site. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party site and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator of the applicable third-party site if you have any concerns regarding such links or the content located on any such third-party site.

TRADEMARKS

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are our Trademarks, except as otherwise noted. All other trademarks, publicity rights, and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Site without our written permission or permission of the third party that may own the relevant material.

INTELLECTURAL PROPERTY INFRINGEMENT CLAIMS

We will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Site copyright agent (“Agent”) the written information specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located;
Your address, telephone number, facsimile number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.The Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent
Fabulously Sweet Creations, LLC
19070 Everett Blvd, Suite 112
Mokena, IL, 60448

VIOLATIONS

We reserve the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions including but not limited to terminating access to the Site. Any failure by us to enforce any of our rights hereunder shall not be deemed a waiver of such rights or of any other rights.

MISCELLANEOUS

We reserve the right to terminate access to this Site for any person at any time. All users must have Java Script enabled in their browser to checkout. These terms and conditions are governed by the laws of the State of Illinois, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating to the use of this Site that are not arbitrated (as required herein) shall be resolved exclusively in the State or Federal Courts located in the State of Illinois, and you and we both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this Site is made available only to provide information about us and our products and services. We control and operate this Site from our headquarters in Mokena, Illinois, USA, and make no representation or warranty that materials in the Site are appropriate or available for use in any other jurisdiction. If you use this Site from elsewhere, you are responsible for compliance with all applicable local laws.

Date Last Updated: January 28, 2021