Terms of use

A. USE OF SITE

  1. Ownership and Use of Site Materials
    The Site contains information, data, logos, graphics, music, sounds, images, photographs and other elements and materials (collectively, "Materials") that are owned by and are the copyrighted works of RSC or by its third party providers ("Third Party Providers"). RSC also owns a copyright in the selection and arrangement of the Materials and in page headers and button icons. Except as stated herein, you may not use, copy, reproduce, modify, create derivative works from, distribute, republish, download, display, post or transmit in any form or by any means, including electronic, mechanical, photocopying, recording or other means, any Materials without the prior written permission of RSC. Also, you may not "mirror" any Materials contained on this Site on any other server without RSC's prior written permission. Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, privacy, publicity and communications laws and regulations.

    RSC hereby grants you permission to copy, print and download Materials on this Site on an occasional and irregular basis, provided that: (1) all the copyright and other proprietary notices appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media or used for commercial gain; and (3) the Materials are not modified in any way.
  2. Trademarks
    "Russell Stover Chocolates," the Russell Stover Chocolates logo, "ActiveBriefings," "Universal Agent," "TSQ" and/or other RSC marks and product references are trademarks of RSC and may be registered in certain jurisdictions. Other product names, company names, marks, logos and symbols may be the trademarks of Third Party Providers. Any unauthorized use of any such trademarks may be a violation of the rights of RSC or a Third Party Provider.
  3. On-line Conduct
    You may not use the Site for any unlawful purpose. You may not use the Site to collect personal information about users or transmit through the Site any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or any racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws.
  4. Links to Third Party Sites
    This Site may contain links to websites controlled by parties other than RSC. RSC does not endorse and is not responsible or liable for the contents or use of these third party sites. RSC is providing these links to you only as a convenience.
  5. Disclaimer Respecting Site and Materials
    THE SITE AND MATERIALS ARE PROVIDED "AS IS," AND THE USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK. RSC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, ITS OPERATION OR THE MATERIALS. RSC HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND GUARANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  6. Limitation Respecting Site and Materials
    NEITHER RSC NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS, INCLUDING MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR DELAYS IN OPERATION OR TRANSMISSION. IN NO EVENT SHALL RSC BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OR INACCURACY OF DATA OR LOSS OF REVENUE). YOU AGREE TO HOLD RSC AND ITS AFFILIATES HARMLESS FROM AND INDEMNIFY THEM AGAINST ANY CLAIMS BY YOU OR THIRD PARTIES BASED ON OR RELATED TO YOUR ON-LINE ACTIONS OR YOUR USE OF THE SITE OR THE MATERIALS AND ALL DAMAGES, COSTS AND EXPENSES RELATING THERETO.
  7. Termination of Access
    RSC may cease operating the Site or terminate your access to all or part of the Site, without notice, at any time, for any reason.

B. ORDERS AND PURCHASES

  1. General
    You agree to purchase the products that you order when you click on the SUBMIT or similar button on the product order screens. The terms of your agreement include the information you submit through the various order screens as well as these Terms of Use and Purchase.
  2. Guarantee of Quality and Freshness
    RSC guarantees the quality and freshness of every Russell Stover product. If you are not fully satisfied with a Russell Stover product for any reason, RSC will gladly replace it (or, if for any reason RSC cannot replace it, RSC will refund your purchase price.) Save the unused portion of the product and its packaging and call our consumer information service number (1-800-777-4028) Monday through Friday, 8:00 a.m. to 4:30 p.m. Central Time or e-mail RSC customer service.
  3. Availability
    RSC tries to keep product availability information current, but sometimes products may be unexpectedly unavailable. In addition, RSC changes its products frequently. RSC will inform you if any products that you ordered through this site turn out to be unavailable; you agree that RSC may use e-mail to so inform you. RSC will not send you any substitutions for unavailable products (unless you so request).
  4. E-mail Receipt
    After you place an order through this site, you will normally receive by e-mail, within one business day, a confirmation that RSC has accepted your order and is processing it. The e-mail will contain the details of your order and the itemized and total amounts that will be billed to your credit or debit card or other accepted method of payment, including all applicable taxes and shipping charges. A receipt will also be included with your shipment; keep the receipt in case you have any questions about your order.
  5. Charging Your Credit or Debit Card
    Payment for products ordered through the Site must be made by one of the credit or debit cards or other payment methods identified on the order screen. With respect to purchases made with your credit or debit card, RSC will obtain card authorization approval immediately after it accepts the order but will not charge your credit or debit card until your order is shipped. If you chose a future delivery date, your credit card may be reauthorized if necessary and charged at shipment of product. If a product cannot be shipped within 4 business days of your requested ship date, RSC will notify you by e-mail or telephone, credit your credit or debit card and cancel your order, unless you instruct us otherwise. If your credit or debit card is rejected when RSC charges it, RSC is not obligated to ship any products to you. RSC will contact you by e-mail or any other reasonable means to advise you that the credit or debit card has been rejected.

    RSC takes certain security measures to protect the privacy of your credit [or debit] card information, but if you prefer not to send such information over the Internet, please place your order by calling RSC toll-free at 1-800-477-8683 (U.S. only). Customer service lines are open Monday through Friday from 7:00 a.m. to 7:00 p.m. Central Time.
  6. Prices and Taxes
    All prices are stated and payable in US dollars. The prices for products quoted on the Site do not include any sales or use taxes. RSC charges all applicable taxes on products; the taxes will be shown on your order confirmation.
  7. No Warranties by RSC
    RSC MAKES NO EXPRESS GUARANTEES OR WARRANTIES ABOUT ANY PRODUCT SOLD BY RSC OTHER THAN AS STATED IN SECTION 2 ABOVE. RSC DISCLAIMS ALL IMPLIED GUARANTEES AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RSC DOES NOT AUTHORIZE ANYONE TO MAKE A GUARANTEE OR WARRANTY OF ANY KIND ON ITS BEHALF.
  8. Your Legal Remedy
    If you are not satisfied with any RSC product that you purchase through this Site, your sole legal remedy is to have RSC send a replacement or a refund as described in Section B.2 above.
  9. Limitation of Liability Respecting Products
    You agree that neither RSC nor any affiliates, employees or other representatives of RSC are liable for damages arising out of or in connection with the purchase or use of the products in excess of the price you paid for the product. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of income or profit, loss of or damage to property and claims of third parties. Please note that disclaimers of implied warranties and limitations on liability may be unenforceable in particular jurisdictions.
  10. Capacity, Authority and Correctness of Information
    By ordering products, you acknowledge that you have the capacity to enter into these Terms of Use and Purchase; that, if you are ordering on behalf of an entity, you have the right, power and authority to do so; and that all information provided by you is current, correct and complete.
  11. Delivery
    If you received notice that your items have been delivered but you have not received them, please check with other members of your household and your neighbors. Sometimes the carrier will have delivered your items to a neighbor if you are not home at the time of delivery. Please note that RSC is not responsible for items stolen after delivery. RSC will not refund the purchase price, shipping costs or replace items stolen after delivery. If you wish to make special delivery arrangements to avoid the potential for stolen items, please call our Mail Order Department (1-800-477-8683) Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time or e-mail RSC customer service.

C. GENERAL

  1. Changes to Site or Terms of Use and Purchase
    RSC may make improvements or changes to the Site or to the products, services, programs and prices described on this Site at any time without notice. RSC may revise these Terms of Use and Purchase at any time, without prior notice, by posting the revision or the revised Terms of Use and Purchase on the Site; any revision is effective upon your accessing this Site.
  2. Local Laws; Export Control
    RSC controls and operates this Site from its offices in various locations in the USA and makes no representation that the Site or the Materials are appropriate or available for use outside the USA. If you use this Site from locations outside the USA, you are responsible for compliance with USA and foreign export and import laws and regulations and all applicable local laws. All marketing or promotional materials found on this Site are directed solely to individuals and entities located in the USA.
  3. Submissions
    Except where expressly provided otherwise by RSC, all comments, orders, questions, feedback, information or other materials you submit to RSC through or in connection with this Site (except payment information) ("Submissions") shall be considered non-confidential and RSC's property. You acknowledge that you, not RSC, have full responsibility for the Submissions, including their accuracy, legality, reliability and appropriateness.
  4. Rights and Remedies of RSC
    You agree that RSC shall have all rights and remedies provided under these Terms of Use and Purchase and under applicable law.
  5. Governing Law; Choice of Forum
    These Terms of Use and Purchase, the use of the Site and all orders, purchases and other transactions conducted on the Site will be governed by and construed and enforced under the laws of the State of Missouri (excluding any conflict of laws rules). These Terms of Use and Purchase represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. The exclusive jurisdiction and venue for any legal proceedings relating to these Terms of Use or to the Site or transactions or activity conducted on or relating to the Site will be the appropriate state or federal courts in Jackson County, Missouri; you consent to such jurisdiction and waive all objections to such courts based on jurisdiction, venue and inconvenience of the forum.
  6. Legal Contact Information
    If you have any questions about these Terms of Use and Purchase or if you would like to request permission to use any Materials, please contact RSC's Legal Department at legal@russellstover.com.