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CandyDirect.com (“CandyDirect”) provides its Service (as defined in paragraph 2 below) and Products (as defined in Section 3 below) to you subject to this Terms of Service agreement ("TOS"). CandyDirect may update this TOS from time to time and will make commercially reasonable efforts to include notices regarding any such updates or changes on the CandyDirect website at www.CandyDirect.com (together with its directly associated domains, the "Site"). By using, and continuing to use, the Service, you signify your binding acceptance of the TOS, as published on the Site from time to time, and you represent that you are of legal age to form a binding contract. In this TOS, "CandyDirect" means www.CandyDirect.com, a website operated jointly by Candy Direct, Inc., a California corporation.
Additionally, you agree that by clicking on the "I AGREE" button (or similar buttons/links as may be designated by CandyDirect to show your acceptance of this TOS), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Furthermore, to the greatest extent possible, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
The "Service" includes (a) the Site, (b) the services, tools and applications provided by or through the Site and (c) all data, text, sounds, images, video, programming, software and other content made available through the Site. Any new features added to the Service are also subject to this TOS.
The “Products” include all candy products and other goods offered for sale and/or sold on the Site. CandyDirect attempts to be as accurate as possible in its product descriptions. However, CandyDirect does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. All sales of Products are governed by our Shipping/Returns Policy. By purchasing Products from CandyDirect, you agree to our Shipping/Returns Policy.
You may access the Service for personal use only, provided that you are in compliance with all provisions of this TOS. By using or accessing this Service you agree to comply with all applicable laws governing the Service, including without limitation applicable copyright and trademark laws. You agree not to copy, modify, distribute, publicly display, transmit, rent, sell, or create derivative works of any portion of the Service. You may not use any meta tags or any other "hidden text" utilizing CandyDirect's name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by CandyDirect. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CandyDirect.com so long as the link does not portray CandyDirect, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CandyDirect logo or other proprietary graphic or trademark as part of the link without express written permission.
If you register for an account on our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CandyDirect products are intended for sale to adults only who can purchase with a credit card or other permitted payment method. Persons under the age of 18 may use CandyDirect.com only with permission and guidance of a parent or guardian. CandyDirect reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
All items purchased from CandyDirect are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Please see our Shipping Policy for details on our terms of sale and return policies.
Through your use of the Service, you agree to abide by all applicable laws and regulations, and to respect the operational and security mechanisms of the Service. You also agree to respect the rights of other users. By way of example, you agree to refrain from the following types of activity: Attempting to defeat or overcome any encryption and/or other technical protection methods implemented by CandyDirect with respect to the Service. Attempting to break into, hack or deface the Service or any communication initiated by the Service. Attempting to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service. Disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce. Altering, modifying, deleting, or otherwise interfering with or in any manner compromising any content, programming, advertising, services and/or features contained on or through the Service, including, without limitation, the Service's advertising and/or content delivery and display functionality.
You acknowledge and agree that all title and intellectual property rights in and to any third party trademarks, logos, photographs, images, audio-visual content, programming, advertising and other intellectual property contained on or through the Service is the property of the respective third parties, including the respective content owners or advertisers, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Unauthorized distribution or reproduction of third party intellectual property is strictly prohibited.
You understand and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, CandyDirect expressly disclaims all warranties, express or implied, in connection with the Service and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Although information provided on the Site is deemed reliable, CandyDirect makes no representations or warranties about the accuracy or completeness of any content made available through the Service. CandyDirect does not warrant, endorse, guarantee, or assume responsibility for any product, application or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and CandyDirect will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products, applications or services. As with the purchase of a product or service, or installation or download of any application, through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from CandyDirect or through the Service shall create any warranty not expressly stated in this TOS.
You understand and agree that CandyDirect shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if CandyDirect has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute services resulting from any services obtained through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; (e) inaccuracies, mistakes, or errors of content; (f) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (g) any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Service by a third party; or (h) any other matter relating to the Service, whether based on warranty, contract, tort, or any other legal theory. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of CandyDirect shall not exceed the amount of One Hundred U.S. Dollars.
You agree, at your own expense, to indemnify, defend, and hold harmless CandyDirect, its affiliates, employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to use of or access to the Service, or violation of this TOS by you or, when due to your cooperation or negligence, by someone else using your User ID.
Failure of any party to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the TOS provisions, including the Disclaimer of Warranty or Limitation of Liability, are held invalid, unenforceable, or void by a court, 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 of the TOS remain in full force and effect.
The TOS shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law rules thereof. Any legal action involving you and CandyDirect arising out of this TOS or your use of the Service shall be brought exclusively in the state and federal courts located in San Diego County, California. You and CandyDirect hereby consent to, and irrevocably submit yourselves to, the exclusive personal jurisdiction and venue of such courts.
Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
This TOS and the rights and licenses it grants or receives may be assigned or transferred by CandyDirect without restriction. CandyDirect may provide certain elements of the Service to you through one or more of its affiliates.
CandyDirect respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at customercare@CandyDirect.com.
If you have any comments or questions regarding this TOS or the Service, please contact CandyDirect at customercare@CandyDirect.com.