B.T. McElrath Chocolatier, Inc., ("B.T. McElrath") Web site ("Site") is owned and operated by B.T. McElrath from its offices in Minneapolis, Minnesota, U.S.A. You are free to browse and use the Site subject to these Terms of Use.

You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. You shall not post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines. You also shall not solicit or advertise for the sale of any products or services.

The Site contains information and materials, including but not limited to text, photos and graphics (collectively "Materials") which are derived in whole or in part from information and materials supplied by B.T. McElrath and other sources, and are protected by international copyright, trademark and other laws, and the entire content of the Site is copyrighted as a collective work under the United States Copyright law.B.T. McElrath owns the copyright for the overall selection, coordination, arrangement and enhancement of such content and owns the rights in, or license to use, the individual components of such content. Materials may not be copied , reproduced, republished, modified, 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 use only, provided you leave intact all copyright, trademark and other proprietary notices and make no change in or deletion of authorized attribution. This limited authorization is not a transfer of title in the Materials, and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purposes is in violation of B.T. McElrath's or such other sources' copyright, trademark and/or other proprietary rights and may violate other laws. The use of any such Materials on any other Web site or networked computer or environment is prohibited without B.T. McElrath's express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates, and you must immediately destroy any downloaded or printed Materials.

Disclaimer

THE SITE AND THE MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. B.T. MCELRATH ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.

B.T. MCELRATH ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.

Third Party Sites

B.T. McElrath may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this Site. Any link to a non-B.T. McElrath Web site does not mean that B.T. McElrath endorses or accepts any responsibility for the content, or the use of such Web site. If you use these other Web sites, you do so at your own risk. B.T. McElrath makes no warranty or representation regarding, and does not sponsor or endorse any linked Web sites or the information or materials appearing thereon or any products or services described thereon. Further, links do not imply that B.T. McElrath is affiliated or associated with, or that any linked site is authorized to use any trademark, tradename, logo, or copyright of B.T. McElrath.

Third Party Content

Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of B.T. McElrath.

Limitation of Liability

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

UNDER NO CIRCUMSTANCES WILL B.T. MCELRATH, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEB SITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT B.T. MCELRATH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B.T. MCELRATH SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

B.T. McElrath's obligations and responsibilities regarding its products and services are governed solely by B.T. McElrath's terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from B.T. McElrath.

Changes

B.T. McElrath reserves the right, in its sole discretion, to revise these Terms of Use at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, B.T. McElrath is under no obligation to update Materials. B.T. McElrath may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change B.T. McElrath makes to the Site will be considered acceptance of those changes. You should revisit these Terms of Use from time to time to review the then-current Terms because they are binding on you.

Pricing

All prices are subject to change without notice. In the event a product/service is listed at an incorrect price due to typographical, photographic, or technical error B.T. McElrath shall have the right to refuse or cancel any orders placed for product/service listed at the incorrect price.