Terms & Conditions (Legal)

Welcome to the OCHO Candy web site, owned and operated by OCHO Candy, Inc. (“OCHO” or “we”, “us”, or “our”).The policies below (the “Agreement”) apply to this web site, located at www.ochocandy.com, and any other web sites under our control, however such web sites are accessed and/or used, whether via personal computers, mobile devices, or otherwise, and including all related interactive features, products, services, applications (including mobile applications), downloads, email newsletters, or other communications we provide (collectively, the “Website”). In addition to the Content (defined below), the Website provides you with various opportunities to participate in various shopping services (“Services”). BY USING THE SITE AND SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using the Website, you agree to such terms and conditions.  For certain of our services, you will also be required to execute our subscription agreement.

  1. Website Access License.  OCHO grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Website or its content. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without OCHO’s express written consent. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted as part of the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. 

  2. Copyright and Ownership. All of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by OCHO, its licensors, vendors, agents and/or its Content providers. All elements of the Website, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which such Website is being made available. Except as permitted by copyright law, you may not modify any of the materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.  Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website. The Website, its Content, and all related rights shall remain the exclusive property of OCHO or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

  3. Trademarks/No Endorsement. All trademarks, service marks and trade names of OCHO used herein (including, without limitation, the OCHO name, the OCHO corporate logo, the Website name, the Website design, and any logos) (collectively, “Marks”) are trademarks or registered trademarks of OCHO or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify OCHO trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without OCHO’s prior written consent. You shall not use OCHO’s name or any language, pictures or symbols which could, in OCHO’s sole judgment, imply OCHO’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

  4. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Website. In order to use those restricted portions of the Website, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Website’s registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OCHO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then OCHO has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Website using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.

  5. Solicited Submission Policy.  Where OCHO has specifically invited or requested submissions or comments, OCHO encourages you to submit content (e.g., comments to blog posts, participation in communities, tips) to OCHO that you have created for consideration in connection with the Website (individually, a “User Submission” and, collectively, “User Submissions”).  The OCHO or its third-party agents have the right to modify, edit, or otherwise alter (e.g., truncate) User Submissions prior to posting them on the Website.  Notwithstanding this, User Submissions remains the intellectual property of the individual user. By posting content on our Website or otherwise submitting User Submissions, you expressly grant to OCHO a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display such content and your name, your user name, voice, and/or likeness as contained in or provided in connection with your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity, and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the world. Any such User Submissions are deemed non-confidential and OCHO shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. 

  6. Inappropriate User Submissions.  OCHO does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with creating or producing your User Submission. OCHO will reject any User Submissions in which OCHO believes, in its sole discretion, that any such activities have occurred.  If notified by a user of a User Submission that allegedly violates any provision of this Agreement, OCHO reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such User Submission from the Website at any time and without notice.
  7. Inappropriate Material. You are prohibited from using the Website or the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You further understand and agree that sending unsolicited advertisements or “spam” to any user of the Services is expressly prohibited by this Agreement.  In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in this Agreement, we may take any action that we deem necessary to cure or prevent the violation, including, without limitation, banning you from participating in our Services and/or the immediate removal of the related materials from the Website and denial of Services at any time without notice. We will fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
  8. User Published Content. User-published Content and User Submissions do not represent the views of OCHO or any individual associated with OCHO, and we do not control this Content).  In no event shall you represent or suggest, directly or indirectly, OCHO’s endorsement of user published Content. OCHO does not vouch for the accuracy or credibility of any user published Content on our Website or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such user published Content or User Submission. Through your use of the Website and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues, and foreign nationals. By using our Website and Services, you assume all associated risks.
  9. Recipes related to Product.  As part of the Website, OCHO may offer recipes and information dealing with the preparation of food.  OCHO may also allow recipe submissions by various sources, including users of the Website. OCHO in no way provides any warranty, implied or otherwise, towards the content of recipes submitted by any user, visitor, website, or other entity. As such, it is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions.  Recipes taken from our Website and prepared are done so “at your own risk”.  OCHO is not responsible for any damage, medically or otherwise, resulting in the preparation of food using the instructions or recipes provided on this Website. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on this Website.
  10. Advertising Rights.  OCHO reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and OCHO and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these terms obligates, or may be deemed to obligate, OCHO to sell, license, or offer to sell or license any advertising, promotion, or distribution rights.
  11. Third Party Links. From time to time, the Website may contain links to third party websites that are not owned, operated or controlled by OCHO or its affiliates (e.g., Facebook). All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any such third party website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties (expressly or impliedly) regarding any third-party websites, or any content, materials, or other information located or accessible from any third-party websites, or the results that you may obtain from using any third-party website. For the avoidance of doubt, this means that if you decide to access any third-party website(s) linked to or from this Website, you do so entirely at your own risk.
  12. Contests, Sweepstakes and Games.  From time to time, OCHO may offer contests, sweepstakes, and games.  Additional terms and conditions will apply to your participation in each contest, sweepstakes, or games.
  13. Order Eligibility.  You may only purchase products which appear on this Website.  You may only purchase products for personal use by either yourself or your intended recipient of the products.  OCHO makes no promise that Services available on the Website are appropriate or available for use in locations outside of the United States (“Territory”).  Accessing the Website from territories where its contents are illegal or unlawful is prohibited.  By placing an order, you represent that the products ordered will be used only in a lawful manner.  OCHO may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by OCHO.  If you choose to access this Website from locations outside the Territory, then you do so at your own risk.  It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from the Website.
  14. Accuracy of Information. We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than is stated on the Website. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown on the Website.  In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
  15. Products and Availability. Details of the products and services available for purchase are set out on the Website.  All prices are displayed exclusive of all taxes (i.e., no taxes are included in the sale price).  The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available for purchase at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons.  In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.   
  16. Shipping Limitations. When an order is placed, it will be shipped to the address you designate, as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract.  As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
  17. Return and Exchange Policy.  All sales are final, and products are not returnable.  Certain jurisdictions may provide additional statutory rights.  Nothing herein is meant to limit your return or cancellation rights under local law.  If you receive a defective product, please contact the Customer Service Department by email at info@ochocandy.com and we will provide further instructions..
  18. Eligibility to Subscribe to Services.  You may subscribe to the Services offered on this Website in any location worldwide including through auto-delivery on a periodic basis (e.g., monthly, quarterly).  OCHO makes no promise, however, that the Services available on the Website are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Website from territories where its contents are illegal or unlawful is prohibited, including from those territories prohibited by the United States State Department or other U.S. government entity.  If you choose to access the Website from locations outside the Territory, You do so at your own risk.  It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to Services you subscribe to through this Website.
  19. Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or the rules in our commenting FAQs linked to here, we may take any action that we deem necessary to cure or prevent the violation, including, without limitation, banning you from leaving comments, providing User Submissions, or participating in our forums and communities and/or the immediate removal of the related materials from the Website at any time without notice. Additionally, we will fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
  20. Fees. For all charges or deposits for any events, products, and services sold on or through the Website, OCHO or its vendors or agents will bill your bank card or alternative payment method offered by OCHO. When you provide bank card information, account numbers, or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services.  In the event that legal action is necessary to collect on balances due, you agree to reimburse OCHO and its vendors or agents for all expenses incurred to recover sums due, including reasonable attorneys’ fees and other legal expenses.  You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Website.  You understand that we may hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
  21. Access and Interference. You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
  22. Right to Takedown Content.  Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user’s e-mail unless required in the course of normal maintenance of the Website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on OCHO or the Website; (2) protect and defend the rights or property of OCHO, the Website, or the users of the Website; or (3) act in an emergency to protect the personal safety of our guests, the Website, or the public. Users shall remain solely responsible for the content of their messages, and OCHO shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and we shall have the additional right to deny any user who fails to conform to any provision of this Agreement access to the Website.
  23. Representations and Warranties.  You represent that you are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Website is and will be in compliance with all applicable laws.  You have read, understood, agree with, and will abide by the terms of this Agreement. Furthermore, you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant the following:  (i) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 2 above; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) you have read, understood, agree with, and will abide by the terms of this agreement; (iv) you are not, and have not been an agent of OCHO and were not and are not acting on behalf of, or as a representative of, OCHO or any other party in connection with the User Submission; (v) the User Submission and OCHO’s use thereof as contemplated by this Agreement and the OCHO Website will not infringe any rights of any third party, including, without limitation, any intellectual property rights, privacy rights, and rights of publicity; (vi) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (vii) The User Submission does not contain: (a) material falsehoods or misrepresentations that could harm OCHO or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
  24. DISCLAIMERS. Your use of the Website is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER OCHO, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER OCHO NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OCHO OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  25. LIMITATIONS OF LIABILITY. OCHO DOES NOT ASSUME ANY RESPONSIBILITY NOR WILL IT BE LIABLE FOR ANY DAMAGES TO OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT WILL OCHO, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL OF THE WEBSITE, THEN YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN NO EVENT SHALL OCHO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF THE SERVICES PURCHASED OR SUBSCRIBED BY YOU ON THE WEBSITE.

  26. Indemnity. You agree to defend, indemnify, and hold OCHO and any affiliated OCHO or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Website, the internet, or your placement or transmission of any message or information on the Website by you or your authorized users; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including, without limitation, any right of privacy, publicity rights, or intellectual property rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to OCHO; or (vi) any other party’s access and use of the Website with your unique username, password, or other appropriate security code.
  27. Release. In the event that you have a dispute with one or more other users of the Website, you release OCHO (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages of every kind and nature, known and unknown, actual and consequential, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  28. Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe, in our sole discretion, that your actions may cause financial loss or legal liability for you, our users, or us.
  29. Force Majeure. Neither OCHO nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: (a) fire, (b) lightning, (c) explosion, (d) power surge or failure, (e) water or other weather related damage, (f) acts of God, (g) war, (h) revolution, (i) civil commotion or acts of civil or military authorities or public enemies, (j) any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; (k) labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; or (l) inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
  30. Privacy.  Data collection and use, including data collection and use of personally identifiable information is governed by OCHO’s Privacy Policy located at https://www.ochocandy.com/privacy/ which is incorporated into and expressly made a part of this Agreement.
  31. General. Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in Alameda County, California. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement and the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    We do not guarantee continuous, uninterrupted, or secure access to our Website, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by OCHO to a third party in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe, or otherwise describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. All sections which by their context ought to survive this agreement shall survive any termination or expiration of this Agreement.

  32. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. OCHO has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. OCHO has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of OCHO or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is info@ochocandy.com.

    Please provide the following notice:

    1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
    2. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
    3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
    5. Your address, telephone number, and email address; and
    6. Your physical or electronic signature.

      We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

    7. Your physical or electronic signature;
    8. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    9. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    10. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
    11. Entire Agreement. These terms and conditions are the entire agreement between the user and OCHO and supersede any prior understandings or agreements (written or oral).
    12. Additional Assistance. If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at info@ochocandy.com.

We love you so very, very, much.  If you read any of this, or all of it, you really deserve some yummy candy.  Go get some.