Terms of Use – The Amazing Flameless Candle

Terms of Use

Welcome to www.flamelesscandles.com (the “Website”). PLEASE READ THE FOLLOWING TERMS OF USE OF USE CAREFULLY BEFORE USING THIS WEBSITE, AS WELL AS OUR PRIVACY POLICY. All users of this Website agree that access to and use of this Website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Website.

Copyright

The entire content included in this Website, including but not limited to text, graphics or code (collectively the “Content”) is copyrighted as a collective work under the United States and other copyright laws, and is the property of Four Amigos LLC (the “Company”). The Content includes works that are licensed to the Company. Copyright 2009-2012, Four Amigos, LLC, ALL RIGHTS RESERVED. The Company cannot guarantee information displayed on the Website to be 100% accurate nor can Company provide assurance that all such works are free of typographical errors. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with the Company or purchasing The Company products for retail locations. No mechanized or other systematic process for harvesting information from the Website for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized in writing by The Company. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.

Trademarks

All trademarks, service marks and trade names of The Company used in the Website are trademarks or registered trademarks of The Company.

Website Warranty Disclaimer

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Product Disclaimer

PRODUCTS PURCHASED ON THE COMPANY WEBSITE ARE SOLD SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTIES SET FORTH ELSEWHERE ON THIS WEBSITE. FROM TIME TO TIME, THE COMPANY MAY AMEND ITS WARRANTIES. THE COMPANY MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PRODUCTS ARE BEING SOLD FOR ORNAMENTAL AND DECORATIVE USE ONLY. THE USE OF PRODUCTS FOR ANY OTHER REASON MAY BE HARMFUL AND/OR ILLEGAL. THE COMPANY ASSUMES NO LIABILITY WITH REGARD TO PERFORMANCE OF THE PRODUCTS, OR FOR THE MISUSE OR MISPLACEMENT IN YOUR HOME OF THE PRODUCTS, OR FIRE HAZARDS ARISING OUT OF YOUR USE OF THE PRODUCTS. YOUR ORDERING THE PRODUCTS CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS AND CONDITIONS AND RELEASES THE COMPANY FROM ALL LIABILITY.

Shipping & Handling; Orders

The Company will ship products according to the shipping & handling option selected by you at checkout. The Company reserves the right to change the shipping options as needed. The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. The Company reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Limitation of Liability

THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Typographical Errors

In the event that a product on this Website is mistakenly listed at an incorrect price, The Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Company shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be modified or terminated by The Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall in all events survive any termination of these terms and conditions.

Notice

The Company may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to The Company.

Use of Website

Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. Use of the Website for any illegal or unauthorized purpose is strictly prohibited. The Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. You understand and agree that The Company cannot be responsible for the content posted on the Website by users and that your use of the Website is at your own risk. The Company is under no circumstances liable in any way for any content posted on the Website or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the Website by users.

Participation Disclaimer

The Company does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, The Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, The Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Company in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless The Company, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, any content you post to or make available on the Website, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.

Privacy

Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our privacy policy.

You acknowledge and agree that The Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Company, Website users, and the public.

You understand that the technical processing and transmission of the Website, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

License

Notwithstanding anything to the contrary in these terms and conditions, with respect to content you submit or make available for inclusion on the Website, you grant The Company the permanent world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Website for any purpose.

Third-Party Links

In an attempt to provide increased value to our visitors, The Company may link to websites operated by third parties. However, even if the third party is affiliated with The Company, The Company has no control over these linked websites, all of which have separate privacy and data collection practices, independent of The Company. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Company seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own, but for sites it links to as well (including if a specific link does not work).

Miscellaneous

Your use of this Website shall be governed in all respects by the laws of the state of Arizona, U.S.A. , without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Company products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Company products) must be commenced within one (1) year after the claim or cause of action arises or be barred forever. The Company's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. These terms and conditions constitute the entire agreement between you and The Company with regard to your use of this Website. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

Last modified on January 1, 2013

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