Agreement between User and www.amarillocandlecompany.com
Welcome to www.amarillocandlecompany.com. The www.amarillocandlecompany.com website
(the "Site") is comprised of various web pages operated by Amarillo Candle Company LLC
("Amarillo Candle Company"). www.amarillocandlecompany.com is offered to you conditioned
on your acceptance without modification of the terms, conditions, and notices contained herein
(the "Terms"). Your use of www.amarillocandlecompany.com constitutes your agreement to all
such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.amarillocandlecompany.com is an E-Commerce Site.
The Purpose of our website is to present offerings for sale, we do not offer refunds unless, under
certain conditions, we deem the action appropriate. conditions can be found in our refund policy.
Privacy
Your use of www.amarillocandlecompany.com is subject to Amarillo Candle Company's Privacy
Policy. Please review our Privacy Policy, which also governs the Site and informs users of our
data collection practices.
Electronic Communications
Visiting www.amarillocandlecompany.com or sending emails to Amarillo Candle Company
constitutes electronic communications. You consent to receive electronic communications and
you agree that all agreements, notices, disclosures and other communications that we provide to
you electronically, via email and on the Site, satisfy any legal requirement that such
communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that Amarillo Candle
Company is not responsible for third party access to your account that results from theft or
misappropriation of your account. Amarillo Candle Company and its associates reserve the right
to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Amarillo Candle Company does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you may use
www.amarillocandlecompany.com only with permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your subscription at any time. Any cancellations made after 60 days of service
will not qualify for a refund. Please contact us at admin@amarillocandlecompany.com with any
questions.
Links to Third Party Sites/Third Party Services
www.amarillocandlecompany.com may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of Amarillo Candle Company and Amarillo Candle
Company is not responsible for the contents of any Linked Site, including without limitation any
link contained in a Linked Site, or any changes or updates to a Linked Site. Amarillo Candle
Company is providing these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by Amarillo Candle Company of the site or any association with its
operators.
Certain services made available via www.amarillocandlecompany.com are delivered by third
party sites and organizations. By using any product, service or functionality originating from the
www.amarillocandlecompany.com domain, you hereby acknowledge and consent that Amarillo
Candle Company may share such information and data with any third party with whom Amarillo
Candle Company has a contractual relationship to provide the requested product, service or
functionality on behalf of www.amarillocandlecompany.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.amarillocandlecompany.com strictly in accordance with these terms of use. As a condition
of your use of the Site, you warrant to Amarillo Candle Company that you will not use the Site
for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any
manner which could damage, disable, overburden, or impair the Site or interfere with any other
party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Amarillo Candle
Company or its suppliers and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such content and will not make
any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Amarillo Candle Company content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of Amarillo Candle Company and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Amarillo Candle Company or our licensors except as
expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular Communication
Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents; upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage the operation of another's
computer; advertise or offer to sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages; conduct or forward surveys,
contests, pyramid schemes or chain letters; download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be legally distributed
in such manner; falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material contained
in a file that is uploaded; restrict or inhibit any other user from using and enjoying the
Communication Services; violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any applicable laws or
regulations.
Amarillo Candle Company has no obligation to monitor the Communication Services. However,
Amarillo Candle Company reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Amarillo Candle Company reserves
the right to terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
Amarillo Candle Company reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part, in Amarillo Candle
Company's sole discretion.
Always use caution when giving out any personally identifying information about yourself or
your children in any Communication Service. Amarillo Candle Company does not control or
endorse the content, messages or information found in any Communication Service and,
therefore, Amarillo Candle Company specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Amarillo Candle Company
spokespersons, and their views do not necessarily reflect those of Amarillo Candle Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to www.amarillocandlecompany.com or Posted on Any Amarillo
Candle Company Web Page
Amarillo Candle Company does not claim ownership of the materials you provide to
www.amarillocandlecompany.com (including feedback and suggestions) or post, upload, input or
submit to any Amarillo Candle Company Site or our associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting your
Submission you are granting Amarillo Candle Company, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Amarillo Candle Company is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in Amarillo Candle Company's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Amarillo Candle Company account to third party accounts. By
connecting your Amarillo Candle Company account to your third party account, you
acknowledge and agree that you are consenting to the continuous release of information about
you to others (in accordance with your privacy settings on those third party sites). If you do not
want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Amarillo Candle Company from our
offices within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the Amarillo
Candle Company Content accessed through www.amarillocandlecompany.com in any country or
in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Amarillo Candle Company, its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any terms of this
Agreement or your violation of any rights of a third party, or your violation of any applicable
laws, rules or regulations. Amarillo Candle Company reserves the right, at its own cost, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by
you, in which event you will fully cooperate with Amarillo Candle Company in asserting any
available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Amarillo Candle Company agree otherwise, the arbitrator
may not consolidate more than one person's claims, and may not otherwise preside over any
form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. AMARILLO CANDLE COMPANY LLC AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.
AMARILLO CANDLE COMPANY LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
AMARILLO CANDLE COMPANY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL AMARILLO CANDLE COMPANY LLC AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
AMARILLO CANDLE COMPANY LLC OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Amarillo Candle Company reserves the right, in its sole discretion, to terminate your access to
the Site and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State of Texas
and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Amarillo Candle Company as a result of this agreement or use of the Site. Amarillo
Candle Company's performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of Amarillo Candle Company's right to
comply with governmental, court and law enforcement requests or requirements relating to your
use of the Site or information provided to or gathered by Amarillo Candle Company with respect
to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and Amarillo Candle Company with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and Amarillo Candle Company with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
Amarillo Candle Company reserves the right, in its sole discretion, to change the Terms under
which www.amarillocandlecompany.com is offered. The most current version of the Terms will
supersede all previous versions. Amarillo Candle Company encourages you to periodically
review the Terms to stay informed of our updates.
Contact Us
Amarillo Candle Company welcomes your questions or comments regarding the Terms:
Amarillo Candle Company LLC
2300 SW 6th Ave
Amarillo, Texas 79106
Email Address:
admin@amarillocandlecompany.com
Telephone number:
806-290-4700
Effective as of January 06, 2024