Last updated: 1/27/2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.pennycandi.com (the “Service”) operated by Penny Candi (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
To the fullest extent permissible under law, Penny Candi shall have no responsibility for any loss or damage resulting from use of the Site, the Services, from any Content posted on or through the Services, or from the conduct of any users, whether online or offline. THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE WITH ALL FAULTS, AND PENNY CANDI EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Penny Candi cannot guarantee and does not promise any specific results from use of the Site or the Services. USE OF THE SERVICES IS AT YOUR OWN RISK.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, name, email, billing address, shipping address, and payment method. Penny Candi purchases must be made either with instant payment method (e.g. PayPal). Some products offered on Penny Candi contain links to external commerce sites (Amazon.com for example). Purchases on the externally linked commerce site are bound by the terms of the externally linked commerce site.
The Site and all of its original content are the sole property of Penny Candi except where otherwise noted and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws. Except for Content you post via the Services, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any user Content or Penny Candi Content.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Penny Candi or other third parties. You acknowledge and agree that you have no rights, title, or interest in or to the Marks and that you will not adopt, use, or attempt to register the Marks or any confusingly similar mark. Users receive no license to and are not permitted to use these Marks.
The Penny Candi website contains pages that accept and display comments and reviews. While we invite you to share your opinions and questions in this way, they must not be used to distribute spam messages, post commercial advertisements, or spread links to malicious or dangerous websites. We do retain the right to moderate any comment or written content submitted to the Penny Candi website and to remove any content we deem to have violated our policies.
Use of the Site and Services is also governed by the Penny Candi Privacy Statement, which is incorporated into this Agreement by this reference. Additionally, you understand and agree that Penny Candi may contact you via e-mail or otherwise with information relevant to your use of the Services.
Nothing in this Agreement shall require Penny Candi to monitor or edit the Services or the Site for objectionable materials. If at any time Penny Candi chooses, in its sole discretion, to monitor or edit the Services, Penny Candi nonetheless assumes no responsibility for anything submitted, no obligation to modify or remove any inappropriate materials or information and no responsibility for the conduct of any user. Penny Candi does not endorse and has no control over what users post or submit to the Site.
Penny Candi makes no warranties, express or implied, as to the accuracy and reliability of any material or information on the Site or posted via the Services. You agree that Penny Candi accepts no liability whatsoever if it refuses to post your submissions or edits, restricts or removes your submissions.
You may not use the Website in any manner inconsistent with applicable law or regulations. Penny Candi reserves the right to investigate and take appropriate legal action against anyone who, in Penny Candi’s sole discretion, is suspected of violating this provision, including without limitation, reporting you to law enforcement authorities.
Non-commercial Use by users
The Services are for the personal use of users only. Illegal and/or unauthorized use of the Services, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, endorsements and other forms of solicitation may be removed without notice and may result in the loss of your privileges to use the Services.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). Please choose carefully the information you post using the Services or otherwise make available to others. You are solely responsible for what you post on the Site or transmit with the Services. The following is a partial list of what you are prohibited from posting. You agree that you will not submit messages or anything else that:
- disclose personally identifiable information, such as your full name, email address, telephone number or street address;
- are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
- violate the copyright, trademark or other intellectual property rights of any other person;
- improperly assume or claim the identity, characteristics or qualifications of another person;
- are for purposes of spamming;
- contain any virus or other harmful component;
- are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
- include pricing or promotional information.
Despite these prohibitions, information provided by others may contain inaccurate, misleading, inappropriate, unlawful material. Penny Candi assumes no responsibility or liability for this material. If you become aware of misuse of the Services, please contact Penny Candi.
Penny Candi reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other data or to restrict, suspend, or terminate any user’s access to all or any part of the Site or Services at any time, for any or no reason, with or without prior notice, and without liability. You agree to release Penny Candi, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Services. If at any time you are not happy with the Services or object to any material, your sole remedy is to cease using the Services.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Penny Candi. Further, please note that Penny Candi is an Amazon Associate and as such, earns from qualifying purchases.
Penny Candi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Penny Candi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify and hold Penny Candi, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party arising out of: (i) your use of the Services; (ii) your breach of this Agreement; or (iii) any Content you post.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL PENNY CANDI BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, COSTS OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF PENNY CANDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PENNY CANDI’S LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIFTY DOLLARS (USD $50.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
If there is any dispute about or in any way involving the Site or the Services, you agree that the dispute shall be governed by the laws of the State of Colorado, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Colorado, City of Denver.
This Agreement constitutes the entire agreement between you and Penny Candi regarding the use of the Services. The failure of Penny Candi to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have any questions about these Terms, please contact us.