Terms of Use

Terms of Use

Effective Date: October 23, 2022

These Terms of Use govern your use of our website, mobile applications, and other related information and services provided by us (collectively the “Services”). Please read these Terms of Use carefully before using any of the Services. By using any of the Services, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, you may not use any of the Services.

Additional Terms

Some Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using such Service, you agree to the applicable Additional Terms. In addition, to the extent you enter or are otherwise eligible for any contest, sweepstakes or other promotion, you may be subject to separate or additional terms and conditions that govern such contest, sweepstakes or other promotion.

Text Messaging

If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.

Intellectual Property Notice

Unless otherwise noted, all materials, including, without limitation, all images, illustrations, designs, icons, logos, photographs, video clips, written and other materials that appear as part of the Services (collectively “Content”) are copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to Marley Confections. Each of the Services as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to such copyright and trade dress are owned by or licensed to Marley Confections. All Marley Confections trademarks appearing on or as part of the Services are registered or common law trademarks owned by or licensed to Marley Confections. You may download, print and store selected portions of the Content only if you: (1) use these copies only for your own personal, non-commercial use; (2) do not copy or post the Content on any network or website or transmit the Content in any media whatsoever; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading. Marley Confections or its licensor reserves all right, title, interest and full intellectual property rights in any Content you download from the Services. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from or otherwise use the Content.

Comments

We welcome your comments. However, by sending us any comments, feedback, testimonials, notes, messages, ideas, suggestions, know-how, concepts, techniques, criticisms, reports or other communications (collectively “Comments”), whether oral or written, you hereby grant to Marley Confections an irrevocable, non-exclusive, fully paid, royalty free, worldwide, sublicensable, transferable, license to reproduce and use such Comments, in any medium now known or hereinafter created, for any purpose whatsoever. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Marley Confections has no duties to you, with respect to such Comments.

Links

The Services may contain links to third party websites or Internet resources that are not owned or controlled by Marley Confections. Our provision of a link to any other website or Internet resource is for your convenience only and does not signify our endorsement of such other website or resource or its contents. MARLEY CONFECTIONS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR INTERNET RESOURCE.

Product Information

The prices displayed on or through the Services are quoted in U.S. Dollars and are valid and effective only in the U.S. and for website sales. In store prices may differ from prices shown on or through the Services.

Disclaimer

THE SERVICES AND ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES, AND THAT MARLEY CONFECTIONS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES.

Inaccuracy Disclaimer

Marley Confections strives for its Services, Content, and other materials to be accurate. However, from time to time, there may be information available on or through the Services or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Marley Confections reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), which may include canceling orders. No advertisement or product listing is a binding offer of sale. Marley Confections may, in its sole discretion, cancel any order at any time prior to shipping. As the actual colors you see will depend on your monitor, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MARLEY CONFECTIONS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SERVICES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Marley Confections may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Marley Confections liability shall be the minimum permitted under such applicable law.

Indemnification

You agree to defend, indemnify and hold harmless Marley Confections and its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur arising from or relating to your (or anyone using your account’s) use of any of the Services or any violation of these Terms of Use or any applicable Additional Terms.

Privacy

Please read our Privacy Policy.

Miscellaneous

These Terms of Use shall be construed and enforced in accordance with the laws of the State of California without regard to any choice of law or conflict of laws principles, regardless of where you live. These Terms of Use and any Additional Terms, together with any other rules or guidelines posted in connection with our website, constitute the entire and exclusive and final statement of the agreement between you and Marley Confections with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and Marley Confections with respect to the subject matter hereof. The failure of Marley Confections to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms of Use is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of that provision, and the remainder of these Terms of Use shall continue in full force and effect.

Terms of Use Changes

We reserve the right, at our discretion, to change these Terms of Use at any time. Please check this page [and the link to this page from our homepage] periodically for changes. Those changes will go into effect on the Effective Date disclosed in the changed Terms of Use. The new Terms of Use will apply to all current and past users of the Services and will replace any prior Terms of Use that are inconsistent.