TERMS OF USE

By accessing or using www.chocolatesavant.com (the "Website"), you agree to be bound by these Terms of Use ("Terms"), our Privacy Policy, and any additional terms that apply to specific services offered through the Website. These Terms are a legally binding agreement between you and Chocolate Savant LLC, an Arizona limited liability company ("Chocolate Savant," "Company," "we," "us," or "our").

These Terms apply to all visitors and users of the Website, including companies and individuals who request a proposal, schedule a call, take our flavor profile quiz, or subscribe to our newsletter.

By using the Website, you represent that you are at least 18 years old and have the legal authority to enter into these Terms. If you use the Website on behalf of a company or other organization, you represent that you are authorized to bind that organization to these Terms. If you are an individual consumer, the consumer protection laws of your state or country of residence may give you additional rights. Nothing in these Terms is intended to waive or limit any rights you have under applicable consumer protection law.

If you do not agree with any part of these Terms, you must stop using the Website.

Chocolate Savant designs and leads guided craft chocolate tasting experiences for private hosts and corporate clients. Our services include:

1. a)Guided craft chocolate tastings, held in person or online;
2. b)Chocolate pairing experiences with wine, champagne, whiskey, bourbon, rum, agave spirits, cheese, and other pairings we may offer from time to time;
3. c)A free chocolate flavor profile quiz and personalized flavor profile; and
4. d)Chocolate Brunch, a free email newsletter.

The information on the Website is for general information only. It may change without notice. We try to keep it accurate and current, but we do not guarantee that it is accurate, complete, or up to date.

We may modify, suspend, or discontinue any part of the Website or our services at any time. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance.

Requesting a proposal, completing an inquiry form, or scheduling a call through the Website does not book an event or create any obligation on either party. An event is confirmed only when both parties have signed a written event agreement and Chocolate Savant has received any required deposit.

Prices shown on the Website, such as the starting price for private events, are general starting points. They are not offers. The price for your event depends on guest count, the experience selected, location, travel, and other factors, and will be stated in your proposal and event agreement.

All terms governing a booked event, including pricing, deposits, payment, guest counts, cancellation, rescheduling, refunds, venue requirements, and event photography, are governed exclusively by the signed event agreement. If these Terms conflict with a signed event agreement, the event agreement controls with respect to that event.

Nothing in these Terms creates any obligation on the part of Chocolate Savant to provide services, or any refund or cancellation right, unless set out in a fully executed written event agreement.

For online events, the chocolate and any other tasting materials are shipped in advance to a single address designated by the client. Chocolate may be shipped directly from the chocolate maker. Shipping to individual guests is not offered unless agreed in writing in the event agreement.

The client is responsible for receiving the shipment, storing the chocolate properly, and distributing it to guests before the event. Chocolate is sensitive to heat. It should be kept in a cool, dry place away from direct sunlight. Chocolate Savant is not responsible for the condition of chocolate after delivery, or for delays or damage caused by the carrier. Any remedy for a lost or damaged shipment is governed by the event agreement.

Online events are conducted through third-party video platforms such as Google Meet or Zoom. Your use of those platforms is subject to their own terms and privacy policies.

Chocolate Savant does not sell, supply, serve, or pour alcoholic beverages, and does not hold a liquor license. For any pairing experience that includes wine, champagne, spirits, or other alcoholic beverages, the client or the venue is solely responsible for:

1. a)Purchasing and supplying all alcoholic beverages;
2. b)Serving and pouring all alcoholic beverages through properly licensed persons;
3. c)Obtaining any licenses or permits required for the event;
4. d)Verifying that every guest served alcohol is at least 21 years of age;
5. e)Responsible service, including refusing service to any guest who appears intoxicated; and
6. f)Guest transportation and the safe conduct of guests after the event.

Any pairing guidance we provide, including recommended beverages and serving amounts, is a suggestion only. The client and the venue remain responsible for all decisions about the service of alcohol.

Chocolate and pairing foods, including cheese, may contain or come into contact with milk, tree nuts, peanuts, soy, wheat, gluten, and other allergens. Most chocolate we feature is made by independent third-party makers in facilities we do not own or control. Ingredients and processing practices may change without notice.

The client or host is responsible for informing guests of these risks and for telling us of any guest allergies or dietary restrictions before the event. Each guest is responsible for his or her own decision to taste any product. Information about ingredients comes from the makers. Nothing on the Website or presented at an event is medical, nutritional, or health advice. When you share allergy or dietary information about your guests, please share only what your guests have agreed you may share, and do not include guest names. Our Privacy Policy explains how we use this information and, for guests in the European Economic Area and the United Kingdom, the consent we require.

The flavor profile quiz is free. To receive your profile, you must provide a valid email address. By taking the quiz, you consent to receive your profile and related communications by email, as described in our Privacy Policy.

Your flavor profile and its recommendations are offered for your enjoyment and general information. They reflect our opinion of chocolates you may enjoy based on your answers. They are not professional, medical, or nutritional advice.

The bars recommended in a profile are made and sold by independent third-party makers. Chocolate Savant does not sell those bars and does not control their price, availability, ingredients, shipping, or quality. Any purchase you make from a maker is governed by that maker's own terms and policies. We may receive a commission or other compensation from some makers when you purchase through links in your profile. This does not change the price you pay.

If you take the quiz as a guest of an event, your answers and your flavor profile may be shared with the host or company that booked the event, so that the profiles can be used at the event.

Chocolate Brunch is a free email newsletter. You may subscribe through the Website or at the end of the flavor profile quiz. You may unsubscribe at any time by using the unsubscribe link in any issue or by contacting us. We will honor unsubscribe requests within the time required by law.

Chocolate Brunch is delivered through a third-party email service. Ratings, reviews, and recommendations in the newsletter, including bar ratings, are our personal opinions.

Tasting notes, ratings, pairing suggestions, and recommendations on the Website, in our newsletter, and at our events are the personal opinions of Chocolate Savant. Tastes differ, and your experience may differ from ours.

The names, logos, and trademarks of chocolate makers, venues, beverage producers, and other third parties shown on the Website belong to their respective owners. Their appearance on the Website does not mean that they sponsor or endorse Chocolate Savant, except where expressly stated.

Testimonials on the Website reflect the experiences of individual clients and guests. They do not guarantee that you will have the same experience.

You agree to provide accurate, current, and complete information when you request a proposal, schedule a call, take the quiz, or subscribe to our newsletter. You agree not to:

1. a)Use the Website for any unlawful purpose or in violation of these Terms;
2. b)Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
3. c)Reproduce, duplicate, copy, sell, or resell any part of the Website or its content without our written permission;
4. d)Interfere with, damage, or disrupt the Website, or any server, network, or software used to operate it;
5. e)Attempt to gain unauthorized access to any part of the Website or any connected system, or probe, scan, or test the vulnerability of any system or network;
6. f)Upload or transmit any virus, malware, or other harmful code;
7. g)Collect or harvest information from the Website, including email addresses, without authorization;
8. h)Use the Website to send unsolicited commercial email or other communications; or
9. i)Circumvent, disable, or interfere with any security feature of the Website.

We may investigate and take appropriate legal action against anyone who violates this Section, including blocking access to the Website and reporting the violation to law enforcement.

Our Privacy Policy is incorporated into these Terms by reference. It explains what personal information we collect, such as your name, email address, company, event details, and quiz answers, and how we use, share, and protect it. The Privacy Policy can be found at chocolatesavant.com/privacy-policy.

By using the Website, you consent to the data practices described in our Privacy Policy. If you do not agree with our Privacy Policy, please do not use the Website.

All content on the Website is the property of Chocolate Savant or its content suppliers and is protected by United States and international copyright and trademark laws. This includes text, photographs, graphics, logos, flavor profiles, the Chocolate Savant flavor wheel, tasting guides and scorecards, and the publication "How to Taste Chocolate Like a Savant."

The name Chocolate Savant, the Chocolate Savant logo, the tagline "Find Your Chocolate Experience," and the name Chocolate Brunch are trademarks of Chocolate Savant. You may not use them without our prior written permission.

Tasting materials we provide to a client for an event, such as scorecards and flavor wheels, may be printed and used by the client and its guests for that event only. They may not be reproduced, distributed, or used for any other purpose without our written permission.

Nothing on the Website grants you, by implication, estoppel, or otherwise, any license or right to use any intellectual property of Chocolate Savant or any third party.

Photographs on the Website show our events and are used with the permission of the hosts or venues involved. If you appear in a photograph on the Website and would like it removed, please contact us and we will make reasonable efforts to do so.

If you send us a testimonial, review, photograph, or other material, you grant Chocolate Savant a nonexclusive, royalty-free, perpetual license to use, reproduce, edit, and display it on the Website and in our marketing, with your name or initials as you permit. You represent that you have the right to grant this license.

The Website links to, and relies on, third-party websites and services that we do not own or control. These include chocolate makers' online shops, our online scheduling service (Google Calendar), our online forms provider, our email newsletter provider, and video conferencing platforms. Your use of those websites and services is subject to their own terms and privacy policies.

We are not responsible or liable for the content, products, services, privacy practices, or availability of any third-party website or service, or for any loss or damage caused by your use of them. A link does not mean that we endorse the third party. We encourage you to read the terms and privacy policies of any third-party website you visit.

To the maximum extent permitted by applicable law, Chocolate Savant provides the Website and its content on an "as is" and "as available" basis, without warranty of any kind. We disclaim all warranties, express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, we do not warrant that:

1. a)The Website will be uninterrupted, secure, or available at any particular time or location;
2. b)Any errors or defects will be corrected;
3. c)The Website is free of viruses or other harmful components; or
4. d)Any flavor profile, recommendation, or product will meet your expectations or preferences.

No advice or information, oral or written, that you obtain from Chocolate Savant or through the Website creates any warranty not expressly stated in these Terms or in a signed event agreement.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

To the fullest extent permitted by applicable law, Chocolate Savant and its members, managers, employees, contractors, and agents (the "Company Parties") are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, arising from:

1. a)Your access to or use of, or inability to access or use, the Website;
2. b)Any product purchased from a third-party chocolate maker or other third party;
3. c)The service or consumption of alcohol at any event;
4. d)Any allergic reaction or other reaction to any food or beverage; or
5. e)Any conduct or content of any third party on or through the Website,

whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we were advised of the possibility of such damage.

In no event will the total liability of the Company Parties exceed the greater of one hundred dollars ($100) or the amount you paid Chocolate Savant in the twelve (12) months before the claim for the specific service giving rise to the claim. Liability relating to a booked event is further limited as set out in the signed event agreement.

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so some of these limitations may not apply to you. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless Chocolate Savant and the Company Parties from and against all claims, damages, obligations, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from:

1. a)Your use of and access to the Website;
2. b)Your violation of these Terms;
3. c)Your violation of any third-party right, including any copyright, trademark, property, or privacy right;
4. d)If you are a client or host, the purchase, service, or consumption of alcohol at your event, and the conduct of your guests; or
5. e)Any claim that your use of the Website or our services caused damage to a third party.

This obligation survives these Terms and your use of the Website. We may assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate with our defense.

We may suspend or terminate your access to the Website at any time, without prior notice or liability, for any reason, including a breach of these Terms, a violation of law, a request by law enforcement, or technical or security issues. All provisions of these Terms that by their nature should survive termination will survive, including intellectual property provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution.

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of law provisions.

Subject to the dispute resolution process in Section 20, any legal action or proceeding between you and Chocolate Savant must be brought exclusively in a state or federal court of competent jurisdiction sitting in Maricopa County, Arizona. You consent to the personal jurisdiction of those courts.

Any claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the claim accrues. Otherwise, the claim is permanently barred.

In any litigation to enforce these Terms that is commenced after the mediation process in Section 20 has been completed, the prevailing party is entitled to recover its reasonable costs and attorneys' fees.

The parties will attempt to resolve any dispute arising out of or relating to these Terms or the Website ("Dispute") through the following process before starting any litigation.

1. a)Notice of Dispute. The party raising a Dispute must send the other party a written notice describing the Dispute in reasonable detail and the relief requested. Notices to Chocolate Savant must be sent to the contact information in Section 25.
2. b)Direct Negotiation. For thirty (30) days after the notice is received, the parties will negotiate in good faith to resolve the Dispute.
3. c)Mediation. If the Dispute is not resolved by negotiation, either party may require mediation by written demand. The parties will try to agree on a mediator within fifteen (15) days after the demand. If they cannot agree, each party will propose one mediator, and the mediator will be chosen between the two by a coin toss that is recorded by video.
4. d)Videoconference by Default. The mediation will be held by videoconference unless a party demands an in-person mediation in writing within ten (10) days after the mediator is selected. If an in-person mediation is timely demanded and the parties cannot agree on the county where it will be held, each party will propose one county, and the county will be chosen between the two by a coin toss that is recorded by video.
5. e)Mediation Costs. The mediator's fees and expenses will be shared equally by the parties. Each party will pay its own attorneys' fees and costs in the negotiation and mediation.
6. f)Litigation Only if Mediation Fails. A party may start litigation only if the Dispute is not resolved within sixty (60) days after the mediator is selected, or if the other party fails to participate in the negotiation or mediation in good faith.
7. g)Exceptions. Nothing in this Section prevents either party from seeking a temporary restraining order, preliminary injunction, or other emergency equitable relief from a court to protect its intellectual property or to prevent irreparable harm while the process in this Section is under way.
8. h)Individual Claims Only. To the fullest extent permitted by law, any Dispute will be resolved only on an individual basis. No Dispute may be brought as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

If you have a signed event agreement with Chocolate Savant, the dispute resolution terms of that agreement control any Dispute about the event.

We may modify or replace these Terms at any time. We will post the revised Terms on this page and update the "Last Updated" date above. If a revision is material, we will give at least thirty (30) days' notice before it takes effect, by posting a notice on the Website or by email to subscribers. Whether a change is material is determined in our reasonable discretion.

By continuing to use the Website after a revision takes effect, you agree to the revised Terms. If you do not agree, you must stop using the Website.

The Website is intended for adults at least 18 years of age. Pairing experiences that include alcohol are limited to guests at least 21 years of age. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child has provided personal information to us, please contact us at mark@chocolatesavant.com. If we learn that we have collected personal information from a child under 13 without verified parental consent, we will delete it, consistent with the Children's Online Privacy Protection Act, 15 U.S.C. § 6501 et seq.

We use reasonable administrative and technical measures to protect personal information, including encrypted (SSL/TLS) transmission of information submitted through the Website, and we rely on reputable third-party providers for our forms, scheduling, and email services. However, no method of transmission or storage is completely secure. We cannot guarantee that information you provide will not be accessed, disclosed, altered, or destroyed by a breach of our safeguards or those of our providers.

If you believe that content on the Website infringes your copyright, you may send a notice under the Digital Millennium Copyright Act, 17 U.S.C. § 512, to our designated Copyright Agent. The notice must include:

1. a)A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. b)Identification of the copyrighted work claimed to have been infringed or, if multiple works are covered by a single notice, a representative list of those works;
3. c)Identification of the material claimed to be infringing that is to be removed or disabled, and information reasonably sufficient to permit us to locate it;
4. d)Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
5. e)A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. f)A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Our designated Copyright Agent is:

On receipt of a proper notice, we will follow the procedures of the DMCA, which may include removing or disabling access to the material.

Notices to Chocolate Savant must be in writing and sent to the contact information below. We may give notices to you by email to the address you provided, or by posting them on the Website. Notices sent by email are deemed received 24 hours after sending, unless an "undeliverable" message is received. Notices sent by postal mail are deemed received three (3) business days after mailing.

By using the Website, you consent to receive electronic communications from us, including responses to your inquiries, proposals, scheduling confirmations, your flavor profile, and, if you subscribe, our newsletter and information about our events. You agree that any notice, agreement, disclosure, or other communication we send you electronically satisfies any legal requirement that it be in writing. You may opt out of marketing emails at any time by using the unsubscribe link in the email or by contacting us.

Chocolate Savant is committed to making the Website accessible to all users, including people with disabilities. We strive to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty using any part of the Website, please contact us at mark@chocolatesavant.com or 480-991-9561, and we will make reasonable efforts to help.

The Website uses cookies and similar technologies to operate the Website, remember your preferences, and understand how visitors use the Website. These include essential cookies needed for the Website to function, and performance cookies that help us understand how visitors use it. Our third-party providers, such as our forms, scheduling, and email services, may also set cookies when you use their features.

You can manage cookies through your browser settings. Disabling some cookies may affect how the Website functions. Where applicable law requires us to honor Global Privacy Control signals, we will do so. If you visit the Website from the European Economic Area or the United Kingdom, we set performance cookies only after you accept them in our cookie banner, as described in our Privacy Policy. For all other visitors, by continuing to use the Website after being presented with our cookie notice, you consent to our use of cookies as described here and in our Privacy Policy.

Depending on where you live, you may have rights under state privacy law regarding your personal information, such as the right to know what we collect, to correct it, to delete it, or to opt out of certain uses. Chocolate Savant does not sell personal information. To make a request, please contact us at mark@chocolatesavant.com. We may need to verify your identity before responding. We will not discriminate against you for exercising any privacy right.

Chocolate Savant is not liable for any failure or delay in performance under these Terms caused by events beyond our reasonable control, including acts of God, severe weather, natural disasters, epidemics, governmental orders, power or internet failures, or carrier delays. The effect of such events on a booked event is governed by the signed event agreement.

1. a)Entire Agreement. These Terms, the Privacy Policy, and any documents incorporated by reference are the entire agreement between you and Chocolate Savant regarding your use of the Website. If these Terms conflict with a signed event agreement, the event agreement controls with respect to its subject matter.
2. b)Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be reformed to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
3. c)Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. No waiver is effective unless it is in writing and signed by an authorized representative of Chocolate Savant.
4. d)Assignment. You may not assign or transfer these Terms without our prior written consent. Chocolate Savant may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of its business. These Terms bind and benefit the parties and their successors and permitted assigns.