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1 (949) 369-1052

Fine Handmade Chocolate Shop
in San Clemente, CA

Terms of Use

This website is provided for your information and entertainment, and we hope you enjoy using it. Please browse the website and make use of its various features, but please be aware that your use of the website is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this website. No Waiver 1. Ownership and Operation This website belongs to Schmid’s Fine Chocolates dba Maya’s Fine Chocolates, 99 Avenida Del Mar, San Clemente, CA. 92672, USA. Our phone number is 949-369-1052. Schmid’s Fine Chocolates (SFC) may, in its sole discretion and at any time, modify or discontinue this website or specific portions of it. 2. Agreement to Be Bound Your use of this website constitutes your agreement with SFC to be bound by, and to act in accordance with, these Terms of Use. 3. Continuing Agreement We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the website to keep up to date with the current terms regarding your use of the website. Your use of the website reaffirms your continuing agreement to the then-current Terms of Use. 4. Use of Site Materials SFC owns the all of the material on this website or has a valid right from a third party to use material on the website. SFC also owns or has a valid right to use all trademarks, service marks, and trade names used on this website, registered or not. No part of the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark, and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of SFC’s proprietary rights. The use of any such material on any other website or computer network without SFC’s written consent is strictly prohibited. Your use of the trademarks, service marks, and trade names on this website in any manner other than as authorized in these terms and conditions, or as authorized in writing by SFC, is strictly prohibited. 5. Privacy For information on how SFC uses and protects the personal information you may provide on this website, see our Privacy Policy. 6. Submissions All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to SFC through this website will become and remain the exclusive property of SFC, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge SFC’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation, or other obligation to you or any other person. It also means SFC has no obligation to keep your submissions confidential. 7. Geographic Scope of Site SFC controls and operates this website from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote only those SFC products that are sold by SFC in the United States and its territories, and SFC makes no representation that materials in this website or the products described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website. 8. Links to Other Sites For your convenience and enjoyment, this website may provide links to other websites on the World Wide Web that are not operated by SFC. These links do not mean that SFC endorses, approves, or sponsors any information available at the linked site or any products that may be sold there, nor is SFC liable for any damage that might result from your use of such information or products. 9. Contents of the Website – Disclaimer The materials in this website (including any graphics, software, recommendations, or other materials) and any materials made available through this website are provided “as is” and without warranties of any kind, either express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SFC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SFC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. SFC UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRANCY OF SUCH INFORMATION. Certain links in this website may link you to other sites on the World Wide Web. The linked sites may not be under the control of SFC and SFC is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. SFC is not responsible for webcasting or any other form of transmission received from any linked site. SFC is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by SFC to, or an endorsement by SFC of, the linked site or any products or services which may be offered there. 10. Operation of the Website – Disclaimer SFC endeavors to maintain this website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the website or its operation. AS TO THE OPERATION OF THE WEBSITE, SFC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SFC MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT SFC) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE. 11. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL SFC BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE IN THE WEBSITE. SFC SHALL NOT BE LIABLE EVEN IF SFC OR A SFC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, OR COMPUTER VIRUS, WORM, TROJAN HORSE, OR OTHER HARMFUL COMPONENT. 12. Limitations as to Paragraphs 9, 10, and 11 Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall SFC’s total liability to you for damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence, or otherwise]) exceed the amount paid by you, if any, for accessing this site. 13. Availability of Help This website may provide a Help file or other instructions for the use of this site. However, you understand that SFC is under no obligation to provide any support for the use of the website. 14. Applicable Law; Jurisdiction These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct, or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles. SFC controls and manages this website from its facilities in the State of California, United States of America. Any legal actions, suits, or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in courts located in the State of California, and you hereby accept and submit to the personal jurisdiction of these California courts with respect to any legal actions, suits, or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit, or proceeding brought to enforce, defend, or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use. 15. Severability If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. 16. No Waiver No failure on the part of SFC to enforce any part of these Terms of Use shall constitute a waiver of any of SFC’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by SFC nor the reliance of any person on SFC’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of SFC shall have any legal effect whatsoever. Schmid’s Fine Chocolates d/b/a Maya’s Fine Chocolates 99 Avenida Del Mar San Clemente, CA 92672 www.info@schimidschocolate.com This page was created on August 6, 2012.
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Schmid's Fine Chocolate
99 Avenida Del Mar
San Clemente, CA 92672
p: 949-369-1052
f: 714-492-8810
HOURS
Mon - Fri: 10am - 6pm
Sat: 10am - 5pm
Sun: 11am - 4pm