Privacy/Legal Policy

Introduction
Thank you for visiting Dianne’s Fine Desserts website. This website was created to be informative and useful in familiarizing with our Company and our products. To ensure that your personal information is secure and that you understand that even the friendliest websites have rules to follow, below are sections providing information on our: Terms of Use, Privacy Policy, and Contact Information to use if you have a question, comment or concern about Dianne’s Fine Desserts’ website and policies.

Terms of Use
These Terms of Use (“Agreement”) set forth the terms and conditions that apply to your use of this website. BY USING THIS WEBSITE OR DOWNLOADING MATERIALS FROM THIS WEBSITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree with any of these terms, do not use this website. Dianne’s Fine Desserts reserves the right to make changes to this Agreement from time to time at its sole discretion. Your continued use of this website constitutes your acceptance of any such changes. Dianne’s Fine Desserts retains the right to deny access to its websites to anyone at its sole discretion for any reason, including violation of this Agreement. In addition, you agree not to use this website for any unlawful purpose.

Intellectual Property
You acknowledge and agree that all content and material on this website, including without limitation,text and images, is protected by copyrights, trademarks, service marks, patents, trade secrets or other intellectual property rights. Except as expressly authorized by Dianne’s Fine Desserts, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.

We permit you to print or download one copy of the materials or content on this website on any single computer for your personal non-commercial use, provided you keep intact all copyright and other proprietary notices (for example, “Copyright ¨Ï 2012 Dianne’s Fine Desserts. All rights reserved.”). Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Dianne’s Fine Desserts is prohibited.

In addition, this website contains a number of names, logos, trademarks, service marks and other intellectual property rights which are the property of Dianne’s Fine Desserts. You agree not to use or display publicly these marks without the prior written permission of Dianne’s Fine Desserts. Other trademarks appearing on this website are the property of their respective owners. This website is owned by Dianne’s Fine Desserts and any of the images, text, audio or other comments is copyrighted by Dianne’s Fine Desserts and may only be used in the manner provided on this Agreement.
You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Dianne’s Fine Desserts and our affiliates without express written permission. You may not use any metatags or any other hidden text utilizing Dianne’s Fine Desserts’s name or trademarks without the prior written permission of Dianne’s Fine Desserts.

You are granted a limited, revocable and nonexclusive right to create a hyperlink to this website so long as the link does not portray Dianne’s Fine Desserts, its affiliates or their products or services in a false, misleading, derogatory or otherwise objectionable manner. You may not use any Dianne’s Fine Desserts logo or other proprietary graphic or trademark as part of the link without prior written permission of Dianne’s Fine Desserts.

Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DIANNE’S FINE DESSERTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.

DIANNE’S FINE DESSERTS DOES NOT MAKE ANY WARRANTY OR REPRESENTATION THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, COMPLETE, SECURE, ERROR- OR VIRUS-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES DIANNE’S FINE DESSERTS MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE OR THE QUALITY OF ANY PRODUCTS, SERVICES, WEBSITES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE OR AS A RESULT OF THIS WEBSITE.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL DIANNE’S FINE DESSERTS, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES ARISING OUT OF, OR INABILITY TO USE, THIS WEBSITE OR THE INFORMATION IT CONTAINS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED AT LAW OR IN EQUITY, OR WHETHER ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY OR BASIS EVEN IF DIANNE’S FINE DESSERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE ABOVE LIMITATIONS ARE VOID OR UNENFORCEABLE UNDER GOVERNING LAW, DIANNE’S FINE DESSERTS’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification
Upon a request by Dianne’s Fine Desserts, you agree to defend, indemnify and hold harmless Dianne’s Fine Desserts and its affiliates and their directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of this website. Dianne’s Fine Desserts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Dianne’s Fine Desserts in asserting any available defenses.

Dated Material Disclaimer
The passage of time can render information contained in, or linked to, this website stale. You should consider the dates of issuance of all items and information contained in, or linked to, this website. You agree that Dianne’s Fine Desserts is not responsible or liable for any mis-impressions that may result from the reading of dated material. Dianne’s Fine Desserts does not undertake any duty to update, supplement, correct, comment on or modify any information contained on this website or any website to which it is linked.

Links to Other Websites
We may have provided links to other websites that we thought might be of interest to you. If you access any of these linked websites, you may leave this website. You agree that if you visit any linked website, you do so at your own risk. Dianne’s Fine Desserts makes no warranty or representation regarding the content on any linked website.

Links do not imply that Dianne’s Fine Desserts sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted work displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyrighted work of Dianne’s Fine Desserts. You agree that Dianne’s Fine Desserts is not responsible or liable for the availability of, or content on, other websites or for supplementing, updating or correcting information contained on other websites.

International Use
Dianne’s Fine Desserts controls and operates this website from the company’s headquarters in Newburyport, Massachusetts. As a result, Dianne’s Fine Desserts makes no representation that materials on this website are appropriate or available for use in locations outside the United States. Accessing this website from territories where its content is illegal is prohibited. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with all applicable local laws.

Use of Communications
Any communications or information you transmit to this website will be treated in accordance with our Privacy Policy. In general, such information should not be considered by you to be confidential or proprietary. While we welcome your comments and feedback (through e-mail or regular mail) with respect to this website or any of our products, we are not seeking and do not review any unsolicited ideas, suggestions or materials related to the development, design, manufacture or marketing of our products.

If you send us any proposed ideas or other such information, you agree to transfer to Dianne’s Fine Desserts all of your rights and interests in such proposed intellectual property, ideas and information. You further agree that Dianne’s Fine Desserts is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Dianne’s Fine Desserts.

Other Terms and Conditions
These Terms of Use, and the agreement they create, shall be interpreted in accordance with and governed by the laws of the Commonwealth of Massachusetts (without applying the state’s conflict of laws provisions). You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Massachusetts state courts or the United States District Court with respect to any claims, demands or causes of action arising out of or related to these Terms of Use or your use of this website.

If any provision of this Agreement is unlawful, void or unenforceable, you agree that the provision will be enforced to the maximum extent permissible and the remaining provisions contained in this Agreement shall continue in full force and effect.

This Agreement constitutes the entire agreement between you and Dianne’s Fine Desserts regarding your use of this website. No advice or information, whether oral or written, obtained by you from Dianne’s Fine Desserts shall alter the terms of this Agreement. You should check, however, our Privacy Policy for additional terms that form part of this Agreement.

You agree that failure by Dianne’s Fine Desserts to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

Privacy Policy
Dianne’s Fine Desserts is sensitive to the privacy concerns of the visitors to its website and recognizes that you are concerned about the information you provide us and how we treat that information.

Information Collected
As a general policy, our websites minimizes the amount of personal information collected and requests only the information that is required to ensure that visitors can effectively participate in our activities. No personal information is collected from visitors to this website unless you provide it to us voluntarily and knowingly.

We may collect certain non-personally identifiable information when you visit our website, as part of the standard operation of our server. This technology does not personally identify you or extract any information from your computer.

How We Use Information
If you voluntarily provide us with any requested information, we generally use that information for internal purposes only, such as to fulfill your request for our products and to provide the services you have requested. In addition, we may use this information to communicate directly with you, such as to respond to your inquiries, to fulfill a request, or to offer you additional information about our other products, programs, services, promotions or offers that we believe may be of interest to you. Such responses will include information on how to opt out from receiving further information or services.

We never sell, rent or otherwise share any personal information we obtain with third parties, unless we have notified you at an e-mail address you provided that we intend to do so. Sometimes we use agents or contractors for processing or fulfillment. Such agents or contractors are required to use the information only for purposes of carrying out the services they are performing for Dianne’s Fine Desserts.

We may have to disclose personally identifiable information in response to legal requests, for example court orders, subpoenas or specific requests from law enforcement agencies.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this policy. We have, however, put in place appropriate safeguards to help prevent the unauthorized access and use of the information we collect online.

What to do if Your Copyright has been Infringed
Dianne’s Fine Desserts respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Dianne’s Fine Desserts has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see the Act to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of your notice is the best way to help us locate content quickly.

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:
Dianne’s Fine Desserts Law Dept. 4 Graf Road
Newburyport, MA 01950

Contact Information
If you have questions, comments or concerns about these Terms of Use or Privacy Policy, you may contact us by e-mail at info@diannesfinedesserts.com, by telephone at 1.978.463.3852, or by mail at:
Dianne’s Fine Desserts 4 Graf Road
Newburyport, MA 01950 Attention: Law Department We will be happy to answer your questions.

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