Vanilla Candle Company Terms of Service
Last Updated: September 4, 2020
We may, at any time, revise or modify these Terms of Service or impose new conditions for use of the website. Such changes shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the website. Any use of the website by you after such notice shall be deemed to constitute acceptance of such changes.
Links to Third-Party Websites
The website may contain links to third-party websites. These links are provided for your convenience. We have no control over third-party websites and we cannot be responsible for the content of such websites or the privacy practices of third parties. If you decide to access any of the third-party websites linked to the website, you do so entirely at your own risk and subject to such websites’ terms and conditions and privacy policies.
Disclaimer of Warranties
The website and the content, services and products delivered are provided to you on an “as is” and “as available” basis, without warranties of any kind, and Vanilla Candle Company hereby disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Neither Vanilla Candle Company nor any person associated with Vanilla Candle Company makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy or availability of the website or the content, services or products delivered. Without limiting the foregoing, neither Vanilla Candle Company nor anyone associated with Vanilla Candle Company represents or warrants that the website or the content, services or products delivered will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the website or the server that makes it available are free of viruses or other harmful components or that the website or the content, services or products delivered will otherwise meet your needs or expectations.
If you submit comments, suggestions, ideas, drawings, concepts or other information to Vanilla Candle Company through the website or in response to solicitations on the website, you automatically assign to Vanilla Candle Company all right, title and interest in and to your feedback. You acknowledge that your feedback shall be deemed and shall remain the property of Vanilla Candle Company, and you agree that Vanilla Candle Company is entitled to unrestricted use of your feedback for any purpose whatsoever (commercial or otherwise) without compensation to you, including, without limitation, its publication or placement on the website. Vanilla Candle Company will treat any feedback you provide as non-confidential and non-proprietary. You understand and acknowledge that Vanilla Candle Company has both internal resources and external resources which may have developed or may in the future develop ideas identical to or similar to your feedback and that Vanilla Candle Company is only willing to accept your feedback on these terms.
Limitation of Liability
In no event will Vanilla Candle Company, its officers, directors, employees, agents, affiliates, suppliers, contractors, service providers, licensors or content providers be liable for damages, injury, loss, or claim of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website or any content, services or products delivered including any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever, or for any other claim related in any way to your use of the service or product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or product or any content or product posted, transmitted, or otherwise made available via the service, whether caused by tort (including negligence), strict liability, breach of contract or otherwise, even if foreseeable or advised of the possibility. Use of the website and the content, services and products delivered is at your sole risk.
You agree to defend, indemnify and hold harmless Vanilla Candle Company and its officers, directors, employees, agents, partners, affiliates, subsidiaries, parent, suppliers, contractors, subcontractors, service providers, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service, the rights of a third party, any law, or your use of the website, including, without limitation, any use of the content other than as expressly authorized in these Terms of Service.
United States Only
Unless otherwise specified, the website and the content are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. Vanilla Candle Company makes no representation that the website or the content is appropriate or available for use in other locations. If you access the website from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or related to these Terms of Service, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Service or the website shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Scope of Use
Vanilla Candle Company grants you a limited license to access and make personal, non-commercial use of the website only for lawful purposes and in accordance with these Terms of Service. Unless indicated to the contrary, you may access, copy, download and print the content available on the website, including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software (the “content”), for your personal, non-commercialuse, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Except as otherwise provided in these Terms of Service, the content may not be copied, downloaded or stored in aretrieval system for any other purpose, nor may it be redistributed, reused or modified for any purpose, without the express written permission of Vanilla Candle Company. You understand that we may discontinue, change, or restrict your use ofthe website for any reason without notice.
The trademarks, logos, service marks, page headers, custom graphics, button icons, and scripts (collectively, the “Trademarks”) displayed on the website are registered and unregistered Trademarks and trade dress of Vanilla Candle Company and its licensors. In addition, the website and the content, services and products delivered are owned by and are the copyrighted materials of Vanilla Candle Company and its licensors. Except for your personal, non-commercial use as authorized above, nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks or content, services or products delivered without the express written permission of Vanilla Candle Company. Unauthorized use of any Trademark or content is strictly prohibited and may be a violation of federal and state trademark, copyright or other intellectual property laws.
Linking to the Site
You may link to the website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The website may not be framed on any other website, nor may you create a link to any part of a website other than the homepage. You agree to cooperate with Vanilla Candle Company in causing any unauthorized framing or linking immediately to cease. Vanilla Candle Company reserves the right to withdraw linking permission without notice.
Vanilla Candle Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including without limitation the right to block access from a particular Internet address to the website and to refer any illegal or unauthorized use of the website to law enforcement.
Waiver and Severability
No waiver of these Terms of Service by Vanilla Candle Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Vanilla Candle Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services or any part thereof.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or Vanilla Candle Company. You may terminate these Terms of Service at any time by notifying Vanilla Candle Company that you no longer wish to use our services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services or any part thereof.