All users of the web site(s) (the “site”) of The Vermont Brownie Company, Inc d/b/a The Vermont Brownie Company. (“VTBC”) agree that access to, and use of, the site are subject to the following terms and conditions and other applicable law. These terms and conditions include the VTBC Privacy Policy. If you do not agree to these terms and conditions, please do not use this site.

Copyrights & Trademarks

The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of VTBC. The collective work includes works that are licensed to VTBC. Copyright 2014, VTBC, ALL RIGHTS RESERVED. VTBC does not investigate to determine if such works are accurate nor can VTBC provide assurance that all such works are free of typographical errors. VTBC cannot guarantee information displayed on this site to be 100% accurate. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. No mechanized or other systematic process for harvesting information from the web site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by VTBC. You further agree not to change or delete any proprietary notices from materials downloaded from the site. VTBC may revoke any of the foregoing rights as well as any access to this site at any time. All trademarks, service marks, and trade names of VTBC used in this site are trademarks or registered trademarks of VTBC. 

Warranty Disclaimer

THIS SITE AND ALL MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VTBC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VTBC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VTBC DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Term

These terms and conditions are applicable to you upon your accessing the site. These terms and conditions, or any part of them, may be modified by VTBC without notice at any time, for any reason.

Notice

These terms and conditions are applicable to you upon your accessing the site. These terms and conditions, or any part of them, may be modified by VTBC without notice at any time, for any reason.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a VTBC employee or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Use of the site for any illegal or unauthorized purpose is strictly prohibited. VTBC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users for any reason, including any of the foregoing. 

You understand and agree that VTBC cannot be responsible for the content posted on the site by users and that your use of the site is at your own risk. VTBC is under no circumstances liable in any way for any content posted on the site or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the site by users.

 User Generated Content

Notwithstanding anything to the contrary in these terms and conditions, with respect to content you submit or make available for inclusion on the site, you grant VTBC permanent world-wide, royalty free, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content on the site or in any other medium for any purpose.

Participation Disclaimer

VTBC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, VTBC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, VTBC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to VTBC in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless VTBC, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, any content you post to or make available on the site, or any activity (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Limitation of Liability

VTBC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS ON THIS SITE, EVEN IF VTBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Privacy

Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our privacy policy.

You acknowledge and agree that VTBC may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of VTBC, VTBC site users, and the public. 

You understand that the technical processing and transmission of the site, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Links

In an attempt to provide increased value to our visitors, VTBC may link to sites operated by third parties. However, even if the third party is affiliated with VTBC, VTBC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of VTBC. These linked sites are only for your convenience and therefore you access them at your own risk.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the State of Vermont, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Vermont. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises or is barred forever. VTBC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. These terms and conditions constitute the entire agreement between you and VTBC with regard to your use of this site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. VTBC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Arbitration

Any dispute or controversy concerning any matter directly or indirectly related to these terms and conditions or the construction or applications thereof shall be submitted to final and binding arbitration.  Any such claim must be brought in the consumer’s individual capacity and there shall be no right or authority for any claim, dispute or controversy to be arbitrated on a class action basis.

The arbitration proceeding shall take place in Burlington, Vermont, unless the parties agree to a different locale. The proceeding shall be governed by the provisions of the Federal Arbitration Act ("FAA") or, if a court of competent jurisdiction determines the FAA inapplicable, by the laws of the state in which the proceeding is to take place. Such arbitration shall be conducted before a panel of three persons, one chosen by each party and the third selected by the two party-selected arbitrators. The arbitration panel shall have no authority to award non-monetary or equitable relief, and any monetary award shall not include punitive damages. 

This arbitration provision may be unenforceable under the law of some jurisdictions, including New Jersey.