Website Terms of Use

Updated November 7, 2011

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE BISCOTTI WEBSITE YOU ARE AGREEING TO THESE TERMS OF USE.

The biscotti.com web site (the “Site”) is owned and operated by Biscotti Inc. (“Biscotti”). Your use and access of the Site is expressly conditioned on your acceptance of the following terms and conditions. If you do not agree to all of these terms of use, you may not use or access the Site.

USE OF THE SITE

Subject to these terms of use, Biscotti grants you a limited, personal, non-transferable and non-exclusive license to access and use the Site, for the non-commercial purpose of viewing and reading the Content (as defined below) on the Site. You may not create any hyperlink to any Content on the Site, except a link to biscotti.com.

CONTENT RIGHTS AND OWNERSHIP

All information, data, text, software, music, sound, photographs, graphics, video, messages or other material (“Content”) presented to you on the Site are owned by Biscotti and various third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content without the written permission of Biscotti or such other party that may own the Content. Any copying, distribution, retransmission or modification of Content on the Site, whether in electronic or hard copy form, without the express prior written permission of Biscotti is strictly prohibited.

All trademarks on the Site are owned exclusively by Biscotti, unless otherwise noted. No license or grant of any rights, express or implied, are granted in or to Biscotti’s trademarks.

PRIVACY POLICY

The information that you provide to Biscotti will be treated in accordance with Biscotti’s privacy policy, which is incorporated by reference into this Agreement. The privacy policy may be viewed at http://www.biscotti.com/privacy.

AMENDMENT

Biscotti may amend these terms of use at any time by posting the amended terms on the Site. Except as stated below, all amended terms will automatically be effective upon posting on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Biscotti. If you do not or cannot agree to the amended terms, your only option is to cease all use and access of the Site.

LINKS

The Site may contain links to other World Wide Web sites or resources. Because Biscotti has no control over such sites and resources, you acknowledge and agree that Biscotti is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, privacy policies, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Biscotti will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

MODIFICATION OF SITE

Biscotti reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Biscotti will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

ERRORS ON THE BISCOTTI SITE

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Biscotti reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Biscotti will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

INDEMNITY

You agree to indemnify and hold Biscotti, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these terms of use, or your violation of any rights of another.

DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. BISCOTTI DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. BISCOTTI FURTHER DOES NOT REPRESENT OR WARRANT THAT YOU WILL ALWAYS BE ABLE TO USE THE SITE, OR THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

LIMITATIONS OF LIABILITY

BISCOTTI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE OR ACCESS THE SITE, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF BISCOTTI OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

BISCOTTI’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO US$50.00.

THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS AGREEMENT.

NOTICE

Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the terms of use or other matters by displaying notices or links to notices to you generally on the Site.

CHOICE OF LAW AND VENUE.

This Agreement shall be governed by the internal laws of the State of Texas, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Collin County, Texas or the U.S. District Court for the Eastern District of Texas located federal courts in Plano, Texas to resolve any disputes arising under this Agreement. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

GENERAL INFORMATION

These terms of use constitute the entire agreement between you and Biscotti and governs your use of the Site, superseding any prior agreements between you and Biscotti with respect to the Site. The failure of Biscotti to exercise or enforce any right or provision will not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions remain in full force and effect.