TERMS OF SERVICE

Agreement Between User & Dandelion Candy

This website (the “Site”) is operated by Dandelion Candy, whose address is 8422 Church Lane Road, Ellicott City, MD 21043. Throughout the Site, the terms “we”, “us” and “our” refer to Dandelion Candy. Dandelion Candy offers this Site, including all information, tools and services available from this Site to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices contained herein. These Terms of Service constitute an agreement between you (the “User” or “Users”) and Dandelion Candy, and include and incorporate by reference those additional terms, conditions, and policies referenced herein and or available by hyperlink. These Terms of Service apply to all Users of the Site, including but not limited to Users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, including but not limited to making a purchase from us, you engage our Services, and agree to be bound by these Terms of Service. If you do not agree to all or any part of these Terms of Service, you may not access the Site or engage our Services. If, for any reason, any portion of these Terms of Service is construed as an offer, acceptance is expressly conditioned upon your acceptance of these Terms of Service, and is limited to these Terms of Service.

 

Privacy

 

Your use of this website is subject to Dandelion Candy’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs Users of our data collection practices and our handling of personal information submitted through the site.

 

Your Account

 

If you use this Site, you are responsible for maintaining the confidentiality of your account and password 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 third person or entity. You acknowledge that Dandelion Candy is not responsible for third party access to your account that results in theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, and remove or edit content at our sole discretion. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

 

Electronic Communications

 

Visiting the Site or sending emails or other messages through the Site, or to O’Shea, through any electronic medium, constitutes electronic communication. 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.

 

Links to Third Party Sites/Third Party Services

 

The Site may contain links to other websites (“Linked Sites”) owned an operated by Third Parties. Dandelion Candy has no control over, nor responsibility for, the contents of any Linked Site, including without limitation any links contained on a Linked Site, or any changes or updates to the Linked Site. O’Shea is providing these links to you solely as a convenience, and the inclusion of any link does not imply endorsement by us of the sire or any association with its operators. O’Shea is not and shall not be responsible for examining or evaluating the content or accuracy of the information or services provided by Linked Sites. We disclaim all warranties and liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We disclaim all liability for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

The Site may provide access to third-party tools that we do not monitor and are not responsible for monitoring. We have no control or input over these tools. You acknowledge and agree that we provide access to such tools “as is” and “as available” with no warranties, representations or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

User Comments, Feedback and Other Submissions

 To the extent permitted by us, you may post reviews, comments, photos, videos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any submission. Dandelion Candy may, but shall not be required to, remove or edit such content, and does not regularly review posted content.

 If you do post content or submit material, you thereby grant Dandelion Candy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Dandelion Candy and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold harmless Dandelion Candy and/or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors for all claims resulting from content you supply. Dandelion Candy has the right, but not the obligation, to monitor and edit or remove any activity or content. Dandelion Candy takes no responsibility and assumes no liability for any content posted by you or any third party.

 

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Service. As a condition of your use of the Site, you warrant to Dandelion Candy that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Service. 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, including but not limited to by transmitting, directly or indirectly, viruses, worms, malware and/or any other form of destructive or malicious code. 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 Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, are the property of O’Shea 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. The 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 O’Shea 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 O’Shea or our licensors except as expressly authorized by these Terms of Service.

 

International Users

 The Services and this Site are controlled, operated and administered by Dandelion Candy 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 Site, its content, or our Services any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Sanctions & Export Policy

 You may not use our Site or our Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. Law imposed by the government of the country from which you access the Site or use our Services. You must comply with all U.S. other import and re-export restrictions that may apply to any aspect of this Site, our Services or any products offered for sale.

 

Returns & Refunds

 Our Returns & Refunds Policy is expressly incorporated into these Terms of Service. Please review our Returns & Refunds Policy for more information.

 

Product Descriptions

Dandelion Candy strives to be as accurate as possible. However, we do not represent or warrant that the product descriptions or other content of the Site or the Services are accurate, complete reliable, current, or error-free. We attempt to display accurate colors and images of the products offered for sale on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. If a product that you receive is not as described, your sole remedy is to return the item in accordance with our Returns & Refunds Policy.

 

Pricing

The prices of our products are subject to change without notice at any time. You expressly agree that we shall not be liable to you or any third party in relation to any change in pricing.

 

Errors, Inaccuracies & Omissions

The Site or Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 is inaccurate at any time, without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information, including without limitation, pricing, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

Indemnification

You agree to indemnify, defend and hold harmless Dandelion Candy, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors from any claims, demands, 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 Term of Use, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dandelion Candy reserves the right, but is not obligated to, assume the exclusive defense and control of any matter otherwise subject to indemnification by you at its own cost, in which event you will fully cooperate with Dandelion Candy in asserting any available defences.

 

Dispute Resolution & Governing Law

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then Dandelion Candy may, at its sole discretion, require that 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 such other arbitration service as may be 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 of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. In the event of arbitration, 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 of Service.

 In the event that Dandelion Candy does not require arbitration pursuant to the foregoing, the parties agree that the exclusive jurisdiction and venue for the adjudication of any all disputes arising from or related to these Terms of Service shall be the court of competent jurisdiction situated in Ellicott City, MD. By accessing the Site or utilizing our Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Maryland, without regard to choice of law principles, will govern these Terms of Service and any dispute of any sort that might arise between you and Dandelion Candy. Each party expressly waives it right a jury trial in any proceeding.

 

Class Action Waiver

Any and all arbitration and litigation under these Terms of Service will take place on an individual basis; class arbitrations, class action litigation and/or other class, representative or collective actions are prohibited. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’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.

 

Disclaimer of Warranty & Limitation of Liability 

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. O’SHEA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

DANDELION CANDY 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. O’SHEA 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 DANDELION CANDY AND/OR ITS directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 DANDELION CANDY OR ANY OF ITS DANDELION CANDY AND/OR ITS directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Modification and Severability

We reserve the right, in our sole discretion to make changes to our Site, policies, and these Terms of Service at any time, without notice to you. The most current version of the Site, policies, and these Terms of Service supersede all previous versions. It is your responsibility to periodically review the foregoing to stay informed of our updates. You are subject to the most recent version of our Site, policies, and Terms of Service posted at the time you access the Site or use our Services. If any provision of our policies or these Terms of Service shall be deemed invalid, void, or for any reason 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 subject policy and/or these Terms of Service shall continue in full force and effect.

 

Termination, Suspensions, and Discontinuance of Services 

To the maximum extent permissible by law, we reserve the right to refuse access to the Site and Services to anyone, at any time for any reason, and to suspend, terminate and or discontinue the Services in whole or with regard to a particular User. Without limitation, we may terminate or suspend the access to the Site and Services of any User who has or may have, in our sole judgment, violated any applicable law or these Terms of Service. In the event of any termination, discontinuance or suspension of the Site or Services for any reason, the obligations and liabilities of the parties incurred as of the date of said event shall remain in full force and effect.

 

Construction & Headings

The headings of these Terms of Service are provided solely for convenience and shall not be used to construe or interpret the substance of these Terms of Service. Dandelion Candy and the User agree that each party has reviewed and fully understands the Terms of Service and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Terms of Service.

 

Integration / Entire Agreement 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Dandelion Candy with respect to the Site and Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Dandelion Candy. 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.

 

Questions & Contact Information

Questions about the Terms of Service should be sent to us at: klee@dandelioncandy.com