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Privacy Policy and Disclosures


LEGAL INFORMATION - PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

By your acceptance of these terms and conditions, you agree to the following:

RESTRICTIONS ON USE
Material from www.TortugaCakes.com and any other World Wide website owned, operated, licensed, or controlled by The Denver Pie Company or any of its related, affiliated, or subsidiary companies may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of The Denver Pie Company EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates The Denver Pie Company's intellectual property rights. The material in this site is provided for lawful purposes only.

RESTRICTION OF LIABILITY.
The Denver Pie Company will not be liable for any damages or injury caused by, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. The Denver Pie Company will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence by The Denver Pie Company, or an authorized The Denver Pie Company representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. The Denver Pie Company's total liability for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) will not be greater than the amount paid to access this site.

SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other information communicated to The Denver Pie Company through this site (together, the "Submission") will forever be the property of The Denver Pie Company. The Denver Pie Company will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future The Denver Pie Company operations. Without limitation, The Denver Pie Company will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. The Denver Pie Company will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not The Denver Pie Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

JURISDICTION
Except as described otherwise, all materials in the The Denver Pie Company site are made available only to provide information. The Denver Pie Company controls and operates this site from its headquarters in Parker, Colorado, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable state and local laws.

DISCLAIMER
The material in this site could include technical inaccuracies or typographical errors. The Denver Pie Company may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. To the fullest extent permissible pursuant to applicable law, The Denver Pie Company disclaims all warranties or merchantability and fitness for a particular purpose. The Denver Pie Company does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. The Denver Pie Company does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not The Denver Pie Company) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties.

LINKING
This site may be linked to other sites which are not maintained by The Denver Pie Company. The Denver Pie Company is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by The Denver Pie Company of the sites. All other trademarks are the property of the respective trademark owners.

TRADEMARKS AND LOGOS
Use of The Denver Pie Company's registered trademarks, designs and/or logos without the express written consent of The Denver Pie Company is prohibited.

The "TORTUGA" trademarks and registered trademarks are property of Tortuga Rum Co. Ltd, © 2006 Tortuga Rum Co. Ltd, all rights reserved.

MISCELLANEOUS
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to the appropriate law enforcement authorities. The Denver Pie Company can revise these Terms and Conditions at any time by updating this posting. The Denver Pie Company products and services are available in many parts of the world. However, the The Denver Pie Company site may describe products and services that are not available worldwide.

PRIVACY POLICY

This privacy notice discloses the privacy practices for The Denver Pie Company. This privacy notice applies solely to information collected by this web site. It will notify you of the following:

1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

1. See what data we have about you, if any.
2. Change/correct any data we have about you.
3. Have us delete any data we have about you.
4. Express any concern you have about our use of your data.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (800) 975-0504 or via email at info@tortugacakes.com or info@denverpiecompany.com

Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

The Denver Pie Company is very sensitive to the privacy concerns of the visitors to this site. As a general policy, no personal information is automatically collected from visitors to the site. However, certain non-personal information is recorded by the standard operation of The Denver Pie Company's Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of operating system in use (e.g., MacIntosh, Windows) and the type of browser being used by the visitor (e.g., Netscape, Internet Explorer).

Other uses of this information include internal review of the number of visitors to the site but only in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known only when voluntarily submitted.

Personally identifiable information that may be collected in connection with visitors is retained by The Denver Pie Company and is not sold or otherwise transferred outside the company. This information is collected to help us better understand visitors' use of our site.

To the extent that any of the sites accessible through The Denver Pie Company's website have different practices, these practices will be explained at that site.

CHILDREN'S PRIVACY
The content of this site is not directed at children under the age of 21 and The Denver Pie Company does not knowingly collect personal information from any child under the age of 21 at this website.

CONTACT INFORMATION

To request consent, please contact:
TortugaCakes.com
C/O The Denver Pie Company
PO Box 630423
Littleton, CO 80163

Last updated: 6/28/06

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