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Nassau Candy Terms of Use

October 2016

 

Welcome to Nassau Candy’s website (“Site”). Please review the Terms of Use and Privacy Policy statements. These terms and conditions govern the use of our Site (the “Agreement”) and apply to all visitors to or users of NassauCandy.com (this “Website”), a website of Nassau Candy, Inc. (“Nassau Candy”). We may change the terms that govern your use of our Site at any time without prior notice of any such changes. Your use of our Site following any such changes constitutes your agreement to follow and be bound by the terms as changed.

By visiting and shopping on the Site, you accept these terms and conditions.

If you do not agree with the terms and conditions of this User Agreement you may not access, visit and/or use the Site.


Site Content & Use

All materials on the Site including images, illustrations, text, designs, photographs, icons, video and other materials (“Content”) and the copyrights, trademarks and/or other intellectual property in such materials (collectively the “Content”) unless otherwise noted, are owned, controlled or licensed to Nassau Candy, Inc. and its parent, subsidiaries and/or affiliates (“we,” ”us,” or “our”) that links to this User Agreement and Privacy Policy, which is binding on all those who access, visit and/or use the Site.

The Content of the Site and the Site as a whole is intended solely for personal, noncommercial use by the users of our Site. You are hereby granted, subject to these Terms of Use, a limited, non-exclusive, non-transferable license to view the screens and materials on this Site and to print only a limited number of copies of such screens and materials as is needed for your own non-commercial use, in order to make a decision whether or not to purchase any products offered through this Site, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

Any access to or use of this Site for any purpose that is unlawful is expressly prohibited. Any access or attempt to access other areas of Nassau Candy’s computer systems or networks, or any of the information contained therein, is prohibited. Activities including, but not limited to Site tampering, conducting fraudulent activities, or misrepresenting the identity of a user is strictly prohibited. By choosing to access this Site you do so on your own accord and at your own risk. You are solely responsible for complying with all local laws, rules and regulations.

Nassau Candy reserves the right to amend this Site and any service or material provided on the Site, in our sole discretion without notice.

You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them. By using the Site, you agree to accept responsibility for all activities that transpire under your user account and/or your password. By accessing and using this Site, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You acknowledge that Nassau Candy is not responsible for third party access to your account on the Site. Nassau Candy reserves the right to cancel service, refuse service, and/or terminate accounts. Nassau Candy reserves the right to remove and/or edit content in our sole discretion.

If you breach, violate, fail to follow or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Site, whether listed in this User Agreement, or in our Privacy Policy, posted at various points on the Site, or otherwise communicated to users of the Site (collectively the “Agreement”), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use the Site or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition we may curtail, restrict or refuse to provide you with any future access, visitation, and/or use of the Site.

The Site is not intended for user under the age of 18, and we do not knowingly collect personally identifiable information from users under 18 years of age. Such users are expressly prohibited from registering on the Site or submitting their personally identifiable information to us, and from using portions of the Site for which registration is required.

You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the Site and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Site.

You represent and warrant that (1) you are not located in a country that that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (2) you are not listed on any US Government list of prohibited or restricted parties.


Merchandise, Products and/or Services Available Through the Site

Nothing on the Site constitutes a binding offer to sell, rent, distribute or give away merchandise products and/or services, including without limitation Content. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. Any prices displayed on the Site are quoted in US dollars and are intended to be valid and effective only in the United States. In the event merchandise, products and/or services, including without limitation Content, are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. If your order is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of merchandise, products and/or services, including without limitation Content, which you or your group seek.

Images available on or through the Site of merchandise or products, including without limitation Content, may not accurately capture the actual appearance, color, look and feel, specification, features or functionality of such merchandise.

Neither we nor our Indemnities (as defined below) make any representations, warranties, or guarantees with respect to any of the merchandise, products, and/or services, including without limitation, Content, featured, mentioned, described, distributed, given away, rented, sold or otherwise available on or through the Site. All transactions for merchandise, products, and/or services, including without limitation Content, shall be between the user and the third party seller, distributor or manufacturer without any involvement by us or our indemnities. These third parties may require that you agree to their additional terms, conditions, contracts, agreements, and/or rules.

If you purchase, order, obtain or research merchandise, products and/or services including without limitation Content, on or through the Site, note that neither we nor our indemnities have any control over, or assume responsibility for, the quality, quantity, size, character, fitness for a particular purpose, specifications, features, functionality, safety, or legality of such merchandise, products and/or services, the truth or accuracy of the listings, or the ability of the sellers to sell, ship, or otherwise provide such merchandise, products and/or services.

You agree that we and our indemnities are not responsible and shall have no liability to you, with respect to merchandise, products, and/or services including without limitation Content, featured, mentioned, described, distributed, given away, sold or rented or otherwise available on or through the Site, including illegal, offensive or illicit items, even items that violate the Agreement.


INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, US, OUR LICENSORS, VENDORS, SERVICE PROVIDERS, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, INDEPENDENT AND SUB-CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “INDEMNITIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DISPUTES, DEMANDS, PROCEEDINGS, CAUSE OF ACTION, JUDGMENTS, DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”) WHICH MAY ARISE OUT OF OUR ARE IN ANY WAY CONNECTED WITH YOUR ACCESS, VISITATION AND/OR USE OF THE SITE, YOUR CONTENT, UNAUTHORIZED USE OF CONTENT OBTAINED ON OR THROUGH THE SITE, BREACH OR ALLEGED BREACH OF THE AGREEMENT, OR FROM ANY OF YOUR ACTS OR OMISSIONS IN CONNECTION WITH THE SERVICE.


DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE SITE MAY BE HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES, SUCH ASOUR SERVICE PROVIDERS THAT PROVIDE SOCIAL, COMMUNITY AND PUBLIC DISCUSSION AREAS, PHOTO AND VIDEO GALLERIES, BULLETIN BOARDS, FORUMS, CHATS, BLOGS, AUCTIONS, AND SHOPPING. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SITE. WE AND OUR INDEMNITIES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, AND WE AND OUR INDEMNITIES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AD GUARANTEES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE,, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN (INCLUDING TYPOGRAPHICAL ERRORS) OR PROVIDED BY US OR THE SITE. WE AND OUR INDEMNITIES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SITE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, VIRUSES, WORMS, BUGS OR DEVICES OR DEFECT OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THOUGH THE SITE, AND WE AND OUR INDEMNITIES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.

WE AND OUR INDEMNITIES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.

WE AND OUR INDEMNITIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICE, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SITE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, VIRUSES, WORMS, BUGS OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE OR ANY OF THE MERCHANDISE, PRODUCTS, SERVICES AND/OR CONTENT AVAILABLE ON OR THOUGHT THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE COURSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.


Disputes and Jurisdiction

Any dispute relating in any way to your visit to the Site or the Service or to products you purchase through the Site shall be submitted to confidential arbitration in Hicksville, New York except that, to the extent you have in any manner violated or threatened to violate NASSAU CANDY's intellectual property rights, NASSAU CANDY may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. We retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

You agree that, regardless of where you access visit and/or use the Site, all issues concerning the construction, validity, interpretation and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States, in the particular state of New York where NASSAU CANDY is headquartered, without regard to any principles of conflict of laws.


Arbitration

You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolutions, including without limitation any court action.

By visiting the Site, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and NASSAU CANDY.


General

We reserve the right to post, from time to time, additional rules that apply to certain portions of the Site, or the Service as a whole. Such additional rules will be posted in the relevant portions of the Site and/or Service and are hereby incorporated into the Agreement by this reference. Your continued access, visitation and/or use of the Site constitutes your agreement to comply with these additional rules.

The rules, restrictions, limitations, terms and conditions that apply to the Site, whether listed in this User Agreement and Privacy Policy, posted at various points in the Site, or otherwise communicated to you, constitutes the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, or Content that augment or enhance the Site and/or Service, including the release of updates, upgrades, new products and/or services, shall be subject to the terms and conditions of the Agreement.

Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

If you do not agree to the terms contained in this User Agreement and Terms of Use Policy, you must immediately exit the Service.