BFROMCLE ENTERPRISES, LLC dba DELIGHT CAFE

WEBSITE TERMS OF USE AND PRIVACY POLICY

Introduction – Bfromcle Enterprises, LLC, doing business as Delight Cafe, an Ohio limited liability company, including its subsidiaries, division, affiliates and brands (“Company”, “we”, “us” or “our”) respects your privacy and are committed to protecting it through our compliance with this Privacy Policy (“Policy”). This Policy explains our website use and privacy practices with our customers and visitors, including, but not limited to: (i) use of our websites (including deligtcafe.com), mobile and desktop applications (the “Site” or “Sites”); (ii) visit our stores or attendance at one of our events; (iii) phone or email communications; (iv) social media interactions on our Sites and other third party websites such as Facebook, YouTube, Pinterest, Instagram and Twitter; (v) viewing our online advertisements or emails; and (vi) through our authorized service providers. This Policy shall govern the relationship between the Company and any person (hereafter referred to as “you”) visiting the Sites. If you do not agree with any of the terms and conditions in this Policy, please do not access or otherwise use this Site or any information contained on this Site. Your use of the Site shall be deemed to be your agreement to be bound by this Policy. We reserve the right to amend the Policy at any time, for any reason, and with or without notice of any kind. Your continued use of the Sites after we make changes to the Policy is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

General Disclaimer – All information on the Sites are intended for the sole purpose of assisting you to make a decision with regard to our products and/or services. All information on the Sites are exclusive property of the Company. The Company grants you no license or any property rights to any such information. The Company does not represent and warrant the accuracy, completeness, or reliability of the information and other items contained on the Sites. Therefore, you shall not rely on any information provided on the Sites unless the Company expressly approves such in writing. The Company does not owe you any obligation until we accept your purchase order.

Legal Disclaimer – The Company’s products are to be used for lawful purposes only. It is the responsibility of you as the purchaser to know and abide by all laws pertaining to the use of the products. The Company will not be held liable for any unlawful state or federal activity arising out of the post-sale use of our products. Carefully read and understand the Policy, as you the purchaser are attesting to the lawful use of our product and are thereby solely responsible for acting in conformance with all applicable regulations. You shall indemnify, defend and hold harmless the Company (including its owners, members, officers, employees, representative and agents) from any damage, claims, demands, lawsuits and expenses with respect to your unlawful use of our product(s).The products listed and sold on the Sites are for legal uses only. The user maintains the responsibility to comply with all the laws of his or her local, state, federal government and all other ruling authorities.

Information We Collect – When you browse the Sites and do not interact for any online service or product from the Company, we do not collect personally identifiable information, such as your name, address, phone number, and e-mail address. When you become a registered user on our Sites or provide personally identifying information on our Sites, we will retain certain personal information from you. The type of personal information collected may include name, address, phone number, birth date, billing and delivery information, e-mail address, credit card or other financial account information, and other demographic information. The type of information you provide will determine the personal information that is collected.

How Information Is Collected

  • We collect information directly from you. The following are a few examples of when we collect information from you: during Sites or survey registration; in connection with an online or in-store purchase; if you subscribe to correspondence or newsletters of the Company; if you submit a request, information or other digital content through our Sites or via social media interactions on a third-party website; if you return a product or use a rebate; if you apply or inquire about employment; we may also ask you for information when you enter a contest or promotion sponsored by us and when you report a problem with the Sites, etc.
  • We collect information from you passively. We may use tracking tools like browser cookies, flash cookies, and web beacons. We use your IP address, cookies, and tags to track user behavior on our Sites and to make usability improvements. We also use cookies to maintain user session identity to store your username and password locally for ease of access.
    • “Cookies” are small pieces of information that are stored on your computer’s hard drive. Most Web browsers automatically accept cookies. You can edit your browser options to block cookies in the future or delete pre-existing cookies.
    • An IP address identifies every computer on the Internet. Each time you connect to the Internet, your machine is assigned an IP address.
    • “Tags” refer to scripts that are used to track a visitor’s activity on our Sites by Web analytics software. A visitor’s activity is anonymous if he/she is not logged in. If a visitor has logged in using his or her username and password, additional information is passed through these tags.
    • Flash Cookies. Certain features of our Sites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Sites. Flash cookies are not managed by the same browser settings as are used for browser cookies.
    • Web Beacons. Pages of our Sits and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • We collect information from other sources. We may get information about you from third party business partners, such as an updated address from a shipping vendor.
  • We collect information from affiliates of Delight Cafe. We may get information about you from a company controlled by, or under common control with Delight Cafe.

How we use personal information – Once collected, we may use your personal information for the following purposes:

  • Register you for products and services you have requested
  • Process, fulfill, and follow up on your orders
  • Answer your e-mails or requests
  • Send information that you requested
  • Send and process surveys
  • Ensure the Sites are relevant to your needs
  • Communicate general substantive information about Delight Cafe or its products and services
  • Notify you about new products, services, special offers, upgrades, and other related information from the Company and other approved third parties
  • Make Sites, product or service improvements
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and the Company, including billing and collection
  • For other uses we may disclose to you.

E-mail Policy – For some e-mail messages distributed by the Company, specific information on recipient response is collected. For example, we may review how many recipients open and subsequently choose to click through to links provided in an e-mail message. We use this information only for the purposes of analyzing areas of interest, improving our products, and enhancing the usefulness of our Sites. You can opt-out of receiving e-mail notifications by using the account to be opted-out and sending an e-mail to us.

With Whom We May Share Information – We may share your information for our business purposes and as legally required or permitted. For example, we may share information with our service providers, vendors, distributors and manufactures of our products. We may share your information with third party companies so that you may receive future offerings about products and services that may be of interest to you. We may also share information with our affiliates or business partners who are running a joint promotion with us or who provide a product or service in partnership with us. We may disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on the Company; (b) protect and defend the rights or property of the Company; or (c) protect the personal safety of the Company’s personnel, members, managers, officers, employees, representatives, or members of the public in urgent circumstances.

Exclusion – We reserve the right to transfer any and all information that we collect from you to third parties in the event that we sell or transfer substantially all of our assets related to the Company to such third party or in the event of a merger, divestiture, restructuring, reorganization, dissolution. .

Limits of Policy – This Policy only covers our own collecting and handling of data. We only work with partners, affiliates and third-party providers whose privacy policies align with ours, however we cannot accept responsibility or liability for their respective privacy practices.

Banner advertisements and external links on our Sites – Online advertisements on the Sites do not collect any personally identifiable information on individual visitors. The Company collects aggregate data on visitors such as time of day and web browser type. Such information may be shared with advertisers to determine their advertising effectiveness. This Site may contain links to other web sites, but these linked web sites are neither owned by nor under the control of the Company, and the Company is not responsible for their contents. The fact that we have linked to a third party’s web site does not imply that the Company endorses the site or associates with its operators. Our Sites may contain links to third party websites. If you click on those links, you will be taken to websites we do not control. This Policy does not apply to the information practices of those websites. You should read the privacy policies of other websites carefully. We are not responsible for third party websites.

Children Under the Age of 13 – Our Sites are not intended for children under 13 years of age. No one under age 13 shall provide any information to or on the Sites. We do not knowingly collect personal information from children under 13 on the Sites. If you are under 13, do not use or provide any information on the Sites or on or through any of its features, register on the Sites, make any purchases through the Sites, use any of the interactive or public comment features of the Sites or provide any information about yourself to us. If you believe we might have any information from or about a child under 13, please contact us at info@delightcafe.com.

Voluntary Disclosures – You may voluntarily provide information to be published or displayed (hereinafter, “posted”) on public areas of the Sites, or transmitted to other users of the Sites or third-parties (collectively, “Voluntary Disclosures”). Your Voluntary Disclosures are posted on and transmitted to others at your own risk. Although we strive to maintain a secure Site, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Sites with whom you may choose to share your Voluntary Disclosures. Therefore, we cannot and do not guarantee that your Voluntary Disclosures will not be viewed by unauthorized persons. If you delete your Voluntary Disclosures from the Sites, copies of your Voluntary Disclosures may remain viewable in cached and archived pages, or might have been copied or stored by other Sites users. Proper access and use of information provided on the Sites, including Voluntary Disclosures, is governed by our Terms of Service.

User Comments – If, at our request, you send certain specific submissions or without a request from us you send comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), unless you request that we keep such Comments in confidence, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may monitor, edit or remove Comments in our sole discretion. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

Information Security – The Company implements commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data and personal information. We restrict access to personal information to the Company’s employees and contractors who may need to know that information in order to operate, develop, or improve our products and/or services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

User ID and Password – Certain areas of the Site require the use of a user ID, email address, and password as an additional security measure that helps protect your information. When you have finished using a secure area of a Site, make sure you always click on the “Sign Out” link. When you click on the “Sign Out” link, your secured session will end. No further secure transactions can be conducted without re-entering your user ID and password. You should be aware that browser software often “caches” a page as you look at it, meaning that some pages are saved in your computer’s temporary memory. Therefore, you may find that clicking on your “Back” button shows you a saved version of a previously viewed page. Caching in no way affects the security of your confidential user ID or password. You are responsible for maintaining the confidentiality of your login name and password and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should immediately contact us. We will not be responsible for any loss or damage resulting from your failure to promptly notify us of unauthorized use.

No Guarantee – Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, the Company cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. The Company further disclaims all warranties regarding the security of personal information in the hands of payment processors.

Protection From Harm – You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Sites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Sites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. The Company disclaims any responsibility for any harm resulting from the use of content posted on the Sites.

Indemnification – You agree to indemnify and hold harmless the Company, and its subsidiaries, affiliates, members, managers, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your participation in the Sites, your violation of this Policy, or your actions that harm the rights of another person or entity. All information on the Sites are provided “as is,” without warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you. However, in no event will the Company be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data as a result of claims, whether brought in contract or tort, arising out of or connected with the Sites.

The Sites may not be available at all times. You agree that the Company will not be held liable if any of the Sites is unavailable at any time. The Company shall not be responsible for technical, hardware, or software failures of any kind or lost or unavailable network conditions which may limit or prohibit your opportunity to participate in any way. You assume all responsibility and risk for the use of this server and the internet generally.

Intellectual Property – You may not use, copy, or distribute the information, designs, or data found on the Sites, except for personal or noncommercial purposes. You are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in the information, services, processes or technology of the Company, and the Company retains all such rights. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Sites without liability to you.

Accessing and Correcting Your Information – You can contact us at any time to: request access to information that the Company has about you; and correct any information that the Company has about you. You can register or change your preferences to receive or not receive marketing communications from us by contacting us. Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request, responding to customer services inquires, asking you to review a product or service you have ordered, or notifying you of product recalls or rebates. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

California Privacy Rights – California law permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@delightcafe.com.

Contact Information
Bfromcle Enterprises, LLC dba Delight Cafe
__________________________
____________________________
Phone: ______________________
Email: info@delightcafe.com.

Miscellaneous

A. If any provision in this Policy is found by a court of competent jurisdiction to be invalid, the Company and you agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Policy will remain in full force and effect.

B. You agree that any lawsuit relating to the Sites or any activity thereon must be brought in state or federal courts located in Cuyahoga County, Ohio, USA. You agree to submit to the personal and exclusive jurisdiction in such courts and waive all questions of jurisdiction and venue. The terms of this Policy and the relationship between you and the Company will be governed by Ohio law, without regard to conflicts of state law.

C. The section headings used herein are for convenience only and shall not be given any legal import.

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