Scope and Acceptance
Anyone who accesses and simply views our Website or uses our Website or Services including users who are purchasing goods through the Website is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of our Website and Services and use of any and all information or data of any kind arising from access to, or use of, our Website and Services.
If you are accessing or using our Website or Services on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement
Description of Website and Services and User Submissions
Time Candle Company is an online retail service.
The Website and Services may enable End Users to provide publicly-available reviews, ratings, comments, or other feedback or information on other End Users. The specific features and functionality of our Website and Services are dynamic and may change from time to time.
We reserve complete and sole discretion with respect to the operation of our Website and Services. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of our Website or Services at any time.
Inaccuracies on the Website or in the Services
We disclaim—and you release us from any claims regarding—errors, inaccuracies, and omissions on the Website and through Services. The prices displayed on the Website are quoted in U.S. Dollars. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). Time Candle Company has made every effort to display as accurately as possible the colors of the products that appear on the Website. Time Candle Company makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data on our Website or provided through our Services and cannot guarantee that your computer monitor’s display of any colors of the products will be accurate. Time Candle Company shall have no liability for any errors or omissions in the information provided on our Website or through our Services. If you believe any portion of our Website or Services includes an error or inaccuracy, please notify us.
Transactions on Website
Time Candle Company reserves the right to refuse any order placed on the Website, and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Time Candle Company makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Time Candle Company reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.
Neither the information, nor any opinion, provided on the Website constitutes a solicitation or offer by Time Candle Company or its affiliates to buy or sell any service or product. Decisions based on information provided on the Website are the sole responsibility of the End User.
OU EXPRESSLY AGREE THAT ACCESS TO AND USE OF OUR WEBSITE AND SERVICES ARE AT YOUR SOLE RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. TIME CANDLE COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) OUR WEBSITE AND SERVICES; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH OUR WEBSITE AND SERVICES, OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. TIME CANDLE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH OUR WEBSITE OR SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. TIME CANDLE COMPANY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Availability of the Website and Services
It is not possible to operate our Website or Services with 100% guaranteed uptime. Time Candle Company will make reasonable efforts to keep our Website and Services operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Website or Services. In addition, Time Candle Company reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of our Website or Services, with or without notice.
You agree that Time Candle Company shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Website or Services.
At any time and at Time Candle Company’s sole discretion, we may add, delete, or modify the Agreement or our Website or Services. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing, and/or using our Website or Services. All changes to the Agreement shall be effective immediately.
Access and Use Where Prohibited
Access to and use of our Website and Services are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this Section.
Local Laws and Export Control
Unless expressly stated to the contrary, the Website and Services are intended for viewing and use in the United States. Unless expressly stated to the contrary, Time Candle Company makes no representation that the materials are appropriate or will be available for use in other locations outside of the United States. Unless otherwise expressly stated, all marketing or promotional materials found on or accessible through our Website or Services are solely directed to individuals, companies, or other entities located in the United States. Time Candle Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through our Website or Services is void where prohibited. If you use our Website or Services from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of our Website or Services in violation of United States export laws and regulations.
Applicable Law and Venue
Any action related to the Agreement will be governed by the laws of the State of Texas, without regard to the choice or conflicts of law provisions of any jurisdiction. You and Time Candle Company agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website, our Services, or the Agreement will be exclusively in the federal or local courts located in Houston, Texas.
If any part of the 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.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of our Website or Services, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If Time Candle Company does take any legal action against you as a result of your violation of the Agreement, Time Candle Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Time Candle Company. You agree that Time Candle Company will not be liable to you or to any third party for termination of your access to, or use of, any of our Website or Services as a result of any violation of the Agreement or for any reason at all.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Time Candle Company. Any purported assignment lacking such consent will be void at its inception. Time Candle Company may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website or through our Services.