By using our Site, you understand and agree that this Agreement governs any use of the Site by you.
The Site is owned and operated by Downtown Snacks LLC, a Colorado Limited Liability Company. ShipMeCandy.com has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the contents of the Site and any products offered by the Site or its Services. You may visit our Site at any time to read this Agreement and learn of any revisions made to this Agreement. All such changes are binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.
The Site is intended for your benefit to become familiar with and use the Services or purchase the Products of ShipMeCandy.com. You understand that ShipMeCandy.com does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any descriptions of the Products, Services, or any third-party services or products posted on or offered through our Site.
You understand that any statements by ShipMeCandy.com, its employees, agents, affiliates, and members are provided for informational purposes only.
ShipMeCandy.com offers for sale a variety of items including candy, accessories, and related products available on the Site (collectively, the “Products”) for delivery anywhere in the United States. ShipMeCandy.com, however, makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the Products or Services provided by ShipMeCandy.com, any individual, company, or service provider used by ShipMeCandy.com to deliver the Products or Services, or any other services featured on the Site and assumes no liability related thereto.
ShipMeCandy.com uses third-party vendors to process and verify your purchases and credit card information. A purchase from our Site will be finalized if and only if the third-party vendor successfully completes the payment transaction and ShipMeCandy.com finally receives payment. ShipMeCandy.com makes no warranties or representations whatsoever with regard to any services provided or offered by these third-party vendors and you acknowledge that any reliance on representations or warranties provided by any such third-parties will be at your own risk.
ALL SALES ARE FINAL:
You understand and agree that the sale of any Product purchased from our Site is final. No refunds or exchanges will be made by ShipMeCandy.com for any reason at all.
If you are interested in purchasing a custom product from ShipMeCandy.com, please contact firstname.lastname@example.org. You understand and agree that all sales of custom-ordered products are FINAL.
Third-Party Shipping Provider:
ShipMeCandy.com uses a third-party shipping provider to deliver the Products (the “Third-Party Shipping Provider”) and makes no warranties or representations whatsoever with regard to any services provided or offered by the Third Party Shipping Provider, and you acknowledge that any reliance on representations or warranties provided by any such Third-Party Shipping Provider will be at your own risk. You understand and agree that all shipping related notifications and confirmations, including but not limited to shipment notifications, delivery exception notifications, and delivery confirmations will be provided by the Third-Party Shipping Provider and that ShipMeCandy.com will not be held liable for or responsible for such notifications and confirmations.
Submitting a Claim:
When purchasing our Products, you understand and agree that any claims for damages, lost or unmet delivery guarantees, or any other shipping related issues (“Shipping Claim”) will be handled and ultimately settled by ShipMeCandy.com at its own discretion. Please keep the following in mind as you finalize your Shipping Claim:
To submit a claim, please email ShipMeCandy.com at email@example.com within one business day of receipt of the Products purchased from our Site.
You may be required to submit information related to your claim including but not limited to the description of damage, how we can contact you, and pictures of the damaged items after shipping.
Any decisions regarding your Shipping Claim are final.
The product descriptions, information, and other materials contained on our Site are subject to change without notice.
While ShipMeCandy.com makes every effort to ensure that the information on our Site is accurate, ShipMeCandy.com makes no representations or warranties as to the accuracy or reliability of any information provided on our Site.
Any unauthorized use of our Site and systems including but not limited to unauthorized entry into our system, misuse of passwords, or misuse of any information posted on our Site is strictly prohibited.
The viewing, printing, or downloading of any content, graphic, form, or document from the Site, is prohibited. ShipMeCandy.com grants you only a limited, nonexclusive license for use of such materials solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
Photos Submitted to Our Site:
By submitting a photograph to our Site, you represent and warrant that you are the owner of the copyrights in and to the photograph. ShipMeCandy.com is not responsible for verifying ownership of such materials and cannot represent the same to other visitors of our Site. You agree to seek out and obtain such authorizations and permissions before posting such materials on our Site. ShipMeCandy.com is not responsible for verifying such authorizations and permissions. By posting material on our Site, you agree to grant ShipMeCandy.com a royalty free license to publish the material on our Site. ShipMeCandy.com, at its sole discretion, may delete any photograph or image posted on our Site without notice.
ShipMeCandy.com hosts a blog on our Site to generally discuss information related to our Products and Services. ShipMeCandy.com encourages you to participate in our blog. However, ShipMeCandy.com cannot be responsible for the content, accuracy, or opinions expressed in the blog and the inclusion of the blog on our Site does not imply our approval or endorsement of such content. ShipMeCandy.com, at its sole discretion, may delete any content or opinions on our blog at any time without notice.
Our Facebook and Twitter Pages:
ShipMeCandy.com hosts Facebook, Twitter, and Tumblr pages to provide information and promote our Products and Services. ShipMeCandy.com encourages you to participate in our Facebook, Twitter, and Tumblr pages. However, ShipMeCandy.com cannot be responsible for the content, accuracy, or opinions expressed on these and the inclusion of links to such pages on our Site does not imply our approval or endorsement of such content. ShipMeCandy.com, at its sole discretion, may delete any content or opinions on our Facebook, Twitter, and Tumblr pages at any time without notice.
Use of Information and Materials on our Sites
Information from the Site:
Children 13 Years of Age and Younger:
If you are under the age of 13, you will need parental or guardian permission before you may use our Services. Our Site may ask you to confirm your age and whether you have such permission. Please respond truthfully. If ShipMeCandy.com determines that you are under the age of 13 and have not acquired parental or guardian permission to join ShipMeCandy.com, your account, at ShipMeCandy.com’s sole discretion, will be denied or cancelled at any time.
Type of Information Collected:
ShipMeCandy.com or our third-party vendor may collect personal information, such as: your name, e-mail address, postal address, shipping information, telephone and facsimile numbers, and URL. ShipMeCandy.com may also automatically gather and store the following information it in log files: IP addresses, browser types, ISPs, referring/exit pages, operating systems, date/time stamps, and movements around the Site. The Site may also gather demographic information. At no time will ShipMeCandy.com require a child to disclose more information than is reasonably necessary in an activity as a condition of participation.
Parents of Children Under the Age of 13:
Upon written request of a parent whose child is under the age of 13 and has provided personal information to ShipMeCandy.com, ShipMeCandy.com will release a description of personal information collected from the child and will make such information available to the parent. Upon written request of the parent, ShipMeCandy.com will delete the child’s information from the Site. Parents of children under the age of 13 have the option to agree to the collection and use of the child’s information without consenting to the disclosure of the information to third parties.
Limitations of Warranties and Remedies:
To the full extent allowed by law, ShipMeCandy.com disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. ShipMeCandy.com neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the Services or Products provided by ShipMeCandy.com. In no event will ShipMeCandy.com be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if ShipMeCandy.com has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
You agree to defend, indemnify, and hold harmless ShipMeCandy.com and its officers and employees (the “ShipMeCandy.com Parties”) against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the ShipMeCandy.com Parties may incur arising out of or resulting from your use of the Site or any of the Products and Services of ShipMeCandy.com.
Choice of Law and Venue:
This Agreement will be construed and governed in accordance with the laws of the State of Colorado without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into this Agreement, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Denver County, Colorado with regard to any dispute relating to this Agreement or its enforcement. The parties also hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Denver County, Colorado, relating to a dispute between the parties relating to this Agreement or its enforcement.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
Additional Provisions Regarding Liability:
You and ShipMeCandy.com agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional, tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
Any notices or communication sent by you to ShipMeCandy.com pursuant to this Agreement will be in writing and sent to the address specified herein or such other address as ShipMeCandy.com may specify in writing.
All notices must be sent to:
1561 Champa Street
Denver, CO 80202
Our Site contains copyrighted material and other proprietary information, including, without limitation, the designs, downloadable files, text, charts, reports, data displays, software, graphical user interfaces, icons, photos, video, and graphics. The contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the product or the Site’s content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of ShipMeCandy.com and the copyright owner, if applicable.
Disclosure of Collected Information
Suggestions and Idea Submissions:
Unless otherwise agreed to in writing, ShipMeCandy.com does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current clients and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, ShipMeCandy.com cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions with ShipMeCandy.com through the Site. Any ideas disclosed to ShipMeCandy.com outside of a pre-existing and documented confidential business relationship are not confidential and ShipMeCandy.com may therefore develop, use, and freely disclose or publish similar ideas without compensating you or accounting to you. ShipMeCandy.com will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if a review is necessary in ShipMeCandy.com’s sole discretion, it will be with the understanding that ShipMeCandy.com assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to ShipMeCandy.com through the Site, you agree to be bound by the terms of this Agreement.
Representations and Warranties:
By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or ShipMeCandy.com. You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site. You also represent and warrant that any information you provide us is true and accurate.
If you have any questions or suggestions regarding this Agreement, please contact us at firstname.lastname@example.org.