TERMS OF USE

These Terms of Use (the "Terms of Use") govern your access and use of our websites, online shops, and applications (the "Sites").

Acceptance of Terms

The services that LINDT & SPR√úNGLI ("Lindt") provide to you are subject to the following Terms of Use. We may modify these Terms of Use at any time effective upon posting the revised Terms of Use, along with the revision date, on the Sites. The version of these Terms of Use posted on our Sites on each respective date you visit the Sites will be the Terms of Use applicable to your access and use of the Sites on that date. Our electronically or otherwise properly stored copies of these Terms of Use shall be deemed to be the complete, valid, and authentic Terms of Use that were in force on each respective date you visited the Sites.

Ownership of the Sites and Access License

Lindt owns or has been licensed by third parties to use, all right, title, and interest in and to the Sites, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the "Content"), as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content. "Content" does not include any Third Party Materials (as defined below) or any features or services made available through third party websites.

The Sites are proprietary to Lindt and is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries. Lindt grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites solely for your personal or internal use. All rights not expressly granted to you in these Terms of Use are reserved and retained by Lindt.

Privacy Notice Privacy Notice governs our use of your Personal Information. You may review the latest version of our Privacy Notice.

Use of the Sites

You represent and warrant to Lindt that all information that you provide to us in connection with your access to and use of the Sites will be true, accurate, and complete.

Further, you agree you will not do or attempt to do the following in connection with the Sites:
  1. Use the Sites for any unlawful, unauthorized, fraudulent or malicious purpose, or any purpose other than as intended;
  2. Transmit any data or content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, that may invade another's right of privacy or publicity, infringe upon another's intellectual property rights, or that you otherwise do not have a right to transmit;
  3. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Lindt representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  5. Use any of the Lindt's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  6. Upload or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, commercial or otherwise;
  7. Violate any applicable local, state, national or international law;
  8. Probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems;
  9. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
  10. Cause the Sites or any Content to be displayed in any way that is disparaging to Lindt otherwise imply or state that any type of relationship or special arrangements exist with Lindt and any other entity without Lindt's consent;
  11. Use any logo or trademark of Lindt as a hyperlink "button", or in any other manner, without Lindt's express prior written consent;
  12. Harvest or otherwise collect information about others, including e-mail addresses;
  13. Copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in or access to the Sites;
  14. Attempt to gain any unauthorized access to the Sites, including any associated computer systems, software, or networks, or use the Sites in a way that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; or
  15. Use any robot, spider, scraper, or other automated or manual means to access the Sites, or copy any Content or information thereon.

Accounts

In order to utilize certain portions of the Sites, you may need to set up an account (including establishing a login ID and password). You may only establish an account on the Sites if you are age 18 or older. You are responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Lindt immediately upon learning of any unauthorized use of your account, login ID, or password or any other unauthorized access or breach of security. You may not use any other user's account, login ID, or password at any time. You may not transfer or assign your account. You may be held liable for losses incurred by Lindt or any other person or entity due to another person using your account, login ID, or password. We reserve the right to suspend or terminate your account in the event that you breach any of these Terms of Use.

Submissions

Any information, communications, or material of any type or nature that you submit to or post on the Sites (each, a "Submission") is done at your own risk and without any expectation of privacy. Lindt does not own any Submissions provided via the Sites. You are fully responsible for all Submissions, which must comply with these Terms of Use. You grant Lindt a nonexclusive, unrestricted, irrevocable, worldwide, sublicensable, transferable, perpetual, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions (or any content or materials contained therein). You hereby represent and warrant that you have the legal right to make such Submissions, and such Submissions do not contain confidential or proprietary content of any third party. Lindt reserves the right to monitor Submissions as it deems appropriate and to remove any Submissions posted on the Sites for any reason in its sole discretion.

Electronic Communications

When you use the Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

Disclaimers

The information and materials available through the Sites are for informational and educational purposes only. You acknowledge and agree that your use of the Sites is at your own risk.

THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

LINDT DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE IS ACCURATE, CURRENT, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE, THAT IT IS OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. LINDT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT. LINDT SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE WEBSITE.

Limitation of Liability

IN NO EVENT SHALL LINDT, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, THE "LINDT PARTIES"), BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SITES; (B) THE SECURITY OF THE SITES; (C) THE USE, COPYING, OR DISPLAY OF THE SITES OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITES OVER THE INTERNET; (D) LINDT'S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE AND THE WEBSITE; (E) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF SITES, OR OTHER THIRD PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SITES.

UNDER NO CIRCUMSTANCES SHALL ANY OF THE LINDT PARTIES, BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F), OR ANY OTHER CAUSE BEYOND THE CONTROL OF LINDT, EVEN IF LINDT WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF LINDT PARTIES, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF ANY OF THE LINDT PARTIES IS FOUND LIABLE TO YOU AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR THE SITES, THE LINDT PARTIES' CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

Indemnification

You agree to indemnify, defend and hold the Lindt Parties harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys' fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the Sites, your access to and use of the Site, your violation of these Terms of Use, your violation of any applicable law, regulation or code, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Linked Websites

Certain hyperlinks may be provided on the Sites that link to other websites or social media platforms which are not under the control of Lindt (the "Linked Websites"). Lindt does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Lindt disclaims all liability arising in connection with such Linked Websites, and makes no representations or warranties with respect to any products or services made available through any Linked Websites. Your use of Linked Websites is subject to the terms and conditions of such Linked Websites.

Disclaimer of Third Party Information

To the extent that any information, material, or functionality on the Sites is provided by third party content providers ("Third Party Materials"), Lindt has no responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Lindt does not represent or endorse the accuracy or reliability of any information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Lindt.

General

These Terms of Use constitute the entire agreement with respect to your access to and use of the Sites. You agree that you shall not contest the admissibility or enforceability of Lindt's copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Lindt shall not be deemed to be a waiver of any other provision of these Terms of Use. Any rights not expressly granted herein are reserved.

Governing Law/Jurisdiction/Claims Limitation

These Terms of Use shall be governed by and construed under the laws of the Switzerland, without regard to conflicts of laws, principles. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of courts sitting in Zurich (city district No.1), Switzerland for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use or otherwise related to or in connection with your access to and use of the Sites. You further expressly waive any claim that venue is improper for any reason in these courts. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the Sites must be commenced within one year after the cause of action arises.

Contact Us

This Website is operated by or on behalf of Lindt & Spr√ľngli (International) AG, registered in Switzerland under number CHE-102.231.350 and located at Seestrasse 204, 8802 Kilchberg, Switzerland. If you have any questions regarding these Terms and Conditions, please contact us via the online form: www.lindt-spruengli.com/support/contact/ or write to us at the address mentioned above.


LINDT LOVERS' REWARDS CLUB

ELIGIBILITY
The Lindt Lovers' Rewards Club (sometimes below, the "Club") is open to individuals within the fifty (50) United States and District of Columbia who are at least 18 years of age or older. Void where prohibited by law. All applicable federal, state and local laws and regulations apply. Lindt reserves the right to change eligibility requirements and/or add reward benefits, at its sole discretion, at any time during the operation of the Club.

REWARDS/HOW TO REDEEM
Upon enrollment either online or in a Lindt Chocolate Shop, each customer receives (25) points. For every $100 spent either online or in Lindt Chocolate Shop (excluding tax, shipping and handling, and exclusive of discounts), customers earn $5 rewards to apply to a future purchase. Points earned may take up to several days to show on balance. Customers can also receive double points during select times, and are determined at Lindt's sole discretion. To redeem rewards: A customer may redeem rewards in a participating Lindt Chocolate Shop or online during checkout. A participant will be required to present their Lindt Lovers' Rewards number, or provide a Store Associate with a piece of personal information he/she completed during the enrollment process in order to verify membership. The store associate will then retrieve the participant's point balance. To redeem or check balance online, the participant must enter their Lindt Lovers' Reward number. Participants cannot transfer, substitute or redeem Rewards for cash, and Rewards have no cash value. Lindt reserves the right to verify eligibility qualifications of participants prior to redemption.

PERSONAL INFORMATION
Any of your personal information collected in connection with this Club will be used only in accordance with Lindt's Privacy Policy, available at www.lindtusa.com. Lindt will not use your personal information for any purpose other than the administration of the Lindt Lovers' Rewards Club including occasional email updates from Lindt regarding the Rewards Club, new products, sales, and events.

HOW TO ENROLL
Eligible individuals can enroll in the Club online at www.lindtusa.com or in participating Lindt Chocolate Shops located in the United States. A valid email address is required to initiate enrollment in the Club. Eligible individuals will be required to provide a valid email address, first and last name, a physical address, and phone number to fully complete enrollment and to take advantage of all the Rewards (as defined below). Multiple registrations received from any person or email address will be void.

GENERAL CONDITIONS
By agreeing to participate in the Club, you agree to the terms and conditions set forth available at www.lindtusa.com, and to the decisions of Lindt concerning the Club which are final and binding in all respects. A participant is responsible for updating his/her registration information. Lindt reserves the right to modify, suspend or cancel the Lindt Lovers' Rewards Club at any time and shall have no liability as a result of such modification, suspension or discontinuance. Any changes Lindt makes will be effective immediately on notice, which it may give either by posting the Terms on the website or via email. A participant's participation in the Lindt Lovers' Rewards Club after such notice will be deemed acceptance of such changes. A participant should review the Terms periodically to ensure his/her familiarity with the most current version. Rewards earned in the Lindt Lovers' Rewards Club may not be used in combination with any other reward Club, offers or other promotions offered by Lindt or third parties. By participation in the Lindt Lovers' Rewards Club, participants agree to release, discharge, indemnify and hold harmless Lindt, its subsidiaries, affiliates, and retailers from any liability or damages which may arise out of participation in the Lindt Lovers' Rewards Club.


Last Updated

These Terms of Use were last updated on August 9, 2018.