Terms and Conditions of
Use
The following Terms of Use and Conditions
contain the complete terms and conditions that apply to an
individual's or entity's use of Dixon Candle & Bath LLC web site.
As used in this Agreement, "We," "Us," or "Our"
refers to Dixon Candle & Bath LLC. "You," or "Your"
refers to the user. "Site" means any Dixon Candle &
Bath LLC site posted on the World Wide Web.
1. Acceptance of
Terms and Conditions:
This web site is owned and provided by Dixon
Candle and Bath LLC. Use of Our Site constitutes Your acceptance of
these terms and conditions and Your waiver of any and all claims
against Dixon Candle and Bath LLC, its parents, subsidiaries,
affiliates, contractors, agents, officers, directors, or employees
arising out of Your use of Our Site or any materials, information,
opinions, or recommendations contained on Our Site. In the event of a
violation of any of these terms and conditions, We reserve the right
to deny future access to the Web Site and seek all remedies available
at law and in equity.
2. Copyright:
All content included on
Our Site, including without limitation all content, text, graphics,
logos, icons, images, audio/video clips, scripts, and software, is
Our property or that of Our content suppliers and is protected by USA
and international copyright laws. Unauthorized copying of above items
or failure to comply with the above restrictions, may result in
severe civil and criminal penalties punishable in a federal criminal
action by fines and/or imprisonment. The collection, arrangement, and
assembly of all content and software on Our Site is Our property or
that of Our software suppliers and is protected by USA and
international copyright laws. ALL RIGHTS RESERVED. You may
electronically copy or print in hard copy portions of Our Site for
the sole limited purpose of placing an order with Us or using it as a
shopping resource. Any other use including reproduction for purposes
other than those noted above which involve copying, changing,
reproducing, republishing, transmitting, distributing, displaying,
posting, creating works from, selling, licensing of content on Our
Site without Our prior written authorization is strictly prohibited.
You also agree not to use Our Site or any materials for any
commercial or competitive purposes or for any other purposes which
may be harmful to Our business.
3. Subject to Change:
We
reserve the right to make changes to Our Site (including any
features, products, and/or prices), to any of the terms, conditions,
disclaimers, and policies listed at any time without notice. We also
reserve the right to add or remove any portion of Our Site at any
time without notice. All changes shall be in effect immediately upon
being posted on Our Site. If any change is unacceptable to You, Your
only recourse is to immediately terminate Your use of Our Site. Your
continued use of Our Site following Our posting of a change notice or
new Terms of Use and Conditions constitutes Your binding acceptance
of the change(s).
3.1 Subject To Change
(Products/Prices):
Without limiting the previous Subject to Change
section, the prices and availability of any of Our products listed on
Our Site is subject to change at any time without prior notice. We
are not responsible for any typographical errors including those
related to the price or size of a particular product. All prices
displayed on Our Site apply only to the products and services
available on Our Site and may not reflect the prices of such products
or services available through retail stores or wholesale pricing,
catalogs, fundraisers, or candle parties. We reserve the right to
limit the quantity of any item sold or refuse a requested order
altogether. The receipt of an email confirmation of your order is
only an acknowledgement that we have received your requested order,
it will be reviewed, but it does not constitute an offer to sell.
Also, our shipping prices are subject to change without any prior
notice.
4. Disclaimer of Warranties:
We provide Our Site on
an "As Is" and "As Available" basis. We make no
implied or express warranties of any kind with respect to the
operation of Our Site or the content, materials, products, and
services available on Our Site (including, without limitation,
merchantability, fitness for a particular purpose, title or
noninfringement). We make no representation or warranty that the
operation of Our Site will be uninterrupted or error free and we will
not be liable for the consequences of any interruption or errors.
5.
Disclaimer of Liability:
In no event shall Dixon Candle and Bath
LLC, or any of its officers, directors, shareholders, employees,
distributors, affiliates, subsidiaries, agents, or representatives be
liable for any indirect, special, or consequential damages (including
costs/expenses, liabilities, reasonable attorney's fees and costs),
loss of revenue, profits, or data of any kind relating to or arising
from the use of inability to use Our Site of any linked web site
regardless of whether or not we have been advised of the possibility
of such damages.
6. Third Party Sites and Links:
For
informational purposes only and as a convenience to You, We may
provide links to web sites operated by other entities unrelated to
Us. If You decide to visit any such links, You do so at your own risk
and You acknowledge that you will be leaving Our "Site to visit
another. We disclaim any responsibility, liability, warranty, or
representation regarding any of this such linked sites or the
information, materials, content, products, or services contained in
or listed by such sites. Providing these links to You in no way
implies that We endorse or adopt any information, products, services,
opinions, or articles provided by such linked sites. We disclaim any
such endorsement.
7. Applicable Law
This web site is
created, controlled, and maintained by Dixon Candle and Bath LLC in
the Commonwealth of Pennsylvania in Lackawanna County. The laws of
the Commonwealth of Pennsylvania shall govern any disputes, claims,
or suits relating to Our Site including Terms of Use and Conditions,
disclaimers, policies, notices, and any transactions. By using Our
Site, You irrevocably consent to the jurisdiction of any state or
federal court residing in Lackawanna County, Pennsylvania USA and You
will not commence an action, proceeding, or claim relating to the
above subject matter in any other jurisdiction. If any of these Terms
of Use and Conditions are deemed unlawful, void, or unenforceable for
any said reason, the remaining provisions listed will still remain
valid and still be in effect with full force. If we fail to enforce
strict performance of any right or provision under these Terms of Use
and Conditions, it will not be construed as a waiver of any right or
provision. All Terms of Use and Conditions will be the same and
remain in full force and effect. It is the express wish of the
parties that these Terms of Use and Conditions be written in English.
You may not use Our Site in violation of USA export laws. If You
choose to access Our Site (including from outside the USA), You do so
at your own risk and are responsible for the compliance with all
statues, regulations, rules, ordinances and governmental bodies,
departments or agencies, and applicable laws.
8. Independent
Consultant/Contractor:
These Terms of Use and Conditions shall not
be construed or interpreted as creating evidence of a partnership,
joint venture, or franchise relationship among the involved parties
or as imposing any partnership or franchiser obligation or liability
on either involved party. All independent consultants or contractors
are separate entities from Us and are not employees of Dixon Candle
and Bath LLC.
9. Scent Perks Reward Program:
Reward Perk points are non-transferable. We reserve the right to modify or discontinue our rewards program at any time at its sole discretion. Notification of program termination will be provided to You in any communication form that We see reasonable. This includes email, posting a note on Our website, update to Our Facebook, Instagram Pages. We may also terminate anyone's participation in Our Scent Perks program at our sole discretion, if You have abused our rewards program or have breached any terms of Our rules.