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Terms & Conditions

Overview:

The following rules and regulations apply to all visitors to or users of the Sweets to Nuts Web Site, the home page of which is at www.SweetstoNuts.com. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by Sweets to Nuts at any time and posted on this Web site. In the event of a violation of these rules and regulations, Sweets to Nuts reserves the right to seek all remedies available by law and in equity.

Limited License:

Sweets to Nuts Web site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials") are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Sweets to Nuts as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; (b) you may not access or use the Sweets to Nuts Web site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Sweets to Nuts may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Sweets to Nuts.

Restrictions and Prohibitions on Use:

Your license for access and use of the Web site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 3 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web site or any Content and Materials retrieved there from; (b) use the Web site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Web site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Web site; (f) make any portion of the Web site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Web site software or use any network monitoring or discovery software to determine the Web site architecture; (h) use any automatic or manual process to harvest information from the Web site; (i) use the Web site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Web site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

Linking:

Periodically, links may be established from this Web site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Sweets to Nuts Web Site. None of such links should be deemed to imply that Sweets to Nuts endorses the Third Party Sites or any content therein. Sweets to Nuts does not control and is not responsible or liable for any Third Party Web Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Web Site is at your own risk and Sweets to Nuts will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site. Special Notice: Sweets to Nuts has a no-tolerance policy regarding the use of our names in metatags and/or hidden text. Specifically, the use of our names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Sweets to Nuts web page is prohibited absent express written permission from Sweets to Nuts. Framing, inline linking or other association of the Sweets to Nuts Web site or its Materials with links, advertisements and/or other information not originating from the Sweets to Nuts Web site is expressly prohibited.

Disclaimer of Warranty:

Access to Sweets to Nuts Web site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Sweets to Nuts reserves the right to block or deny access to the Web site to anyone at any time for any reason.

Jurisdiction:

Sweets to Nuts controls this Web site from its offices within the State of New Jersey. Sweets to Nuts does not imply that the materials published on this Web site are appropriate for use outside of the United States. If you access this Web site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web site shall be governed by the laws of the state of New Jersey, without giving effect to its conflict of laws provisions.

Your Communications:

Sweets to Nuts shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to Sweets to Nuts through the Web site shall be subject to the Web Site’s Privacy Policy.

Limitation of Liability:

IN NO EVENT WILL SWEETS TO NUTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SWEETS TO NUTS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Indemnification:

You agree to indemnify, defend and hold us and our partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

Revisions:

Sweets to Nuts may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. Sweets to Nuts also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Sweets to Nuts may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web site after any changes to these terms are posted will be considered acceptance of those changes.

Unlawful Activity:

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic information.

Legal Compliance:

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web site and the Content and Materials provided therein.

Miscellaneous:

This Agreement shall be treated as though it were executed and performed in Highland Park, New Jersey, and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). Any cause of action by you with respect to the Web site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section titled “Limitation of Liability”. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Kryptronic Internet Software Solutions