CANDY DYNAMICS
ATTENTION: Please read the following Terms of Use carefully before using this web site. Using this web site indicates that you accept these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use, we ask that you please not use this web site.
Candy Dynamics reserves the right to change, modify, add, or remove portions of these Terms and Conditions of Use at any time by updating this posting. Please check these terms periodically for changes. Your continuation to using this web site will mean that you accept any new updates.
Information Collected
We only collect personally identifiable data, such as names, addresses, e-mail addresses, preference information, when visitors voluntarily choose to submit personal information to enter contests, submit a comment, or to place an order.
How is the information used?
Providing personal information is up to you, our visitor. We collect personally identifiable information to enter you in contests and notify you of results.
Personal information is used solely by our affiliates (agents or business partners who help make this site) and us in order to respond to your requests. This information is used for different tasks such as fulfilling online shopping orders, and is used to better serve you, consistently with this policy.
Trademark Information
The trademarks, registrations and logos used and displayed on this web site are registered and unregistered trademarks of Candy Dynamics. Nothing on this web site should be construed as granting any license or right to use any trademark displayed on this site, without written permission of the trademark owner. Candy Dynamics aggressively enforces its intellectual property rights to the fullest extent of the law.
Is credit card/transaction information secure?
We care about the safety and security of your transaction. We use SSL (secure socket layers) to communicate with your browser software when you order from us online and thereby provide us with credit card or similar information. SSL makes it extremely difficult for anyone else to intercept your credit card / transaction and order information that you send us when you submit your online order. Otherwise, the transmission of information to and from us is not encrypted or secure. We recognize the importance of security issues so we take the necessary precautions to safeguard your credit card data every step of the way.
What do you do to safeguard personal information?
We use our best efforts to be sure those third parties that work with us as our agents to make this site and its contents available to you agree to protect personal information that they must access in order to serve our site and our visitors.
What else should I know?
We reserve the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to conduct investigations of consumer complaints or possible breaches of law, to protect the integrity of the site, to fulfill your requests, or to cooperate in any legal investigation.
What happens to the submissions I make on your web site?
All stories, suggestions, ideas, graphics, pictures or other information uploaded or sent to Candy Dynamics through this site are automatically deemed to be either the property of Candy Dynamics or can be used by it. This information is not confidential and we can use it as we see fit – that includes reproducing it, disclosing it, publishing it, or broadcasting it here or somewhere else, in this or any other medium now known or later invented. Under no circumstances are you entitled to any payment if we do use your submission for any purpose.
Disclaimer of Warranty
Candy Dynamics does not warrant or represent that the content of the web site is accurate, or that the web site’s operation will be error free or uninterrupted, or that it will be free of viruses or other harmful components. You use the web site at your own risk.
Please note:
We use reasonable measures to ensure that accurate information is provided on this site, but do not guarantee such accuracy, and make no representations regarding the use or results of use of any Content on this site in terms of its accuracy, reliability or any other matter.
User Conduct
You agree that any information you provide to toxicwasteonline.com is truthful and accurate. You agree to not use toxicwasteonline.com to upload, post, email, send by e-card, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit or post to or through the site; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify toxicwasteonline.com for all claims resulting from your content you supply. By submitting Content to any “Public Area” (e.g. public chat rooms, Discussion Groups, etc.) you automatically grant, or warrant that the owner of such content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such content.
You acknowledge that toxicwasteonline.com is not obligated to pre-screen content submitted by users, but that toxicwasteonline.com shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via toxicwasteonline.com by any user that violates these terms of service or is otherwise objectionable. You also acknowledge and agree that toxicwasteonline.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (b) enforce these terms of service (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of toxicwasteonline.com, its users and the public.
Toxicwasteonline.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of toxicwasteonline.com, or where expressly permitted. You agree not to use or resell toxicwasteonline.com or the services it provides for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL TOXICWASTEONLINE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF TOXICWASTEONLINE.COM OR A TOXICWASTEONLINE.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TOXICWASTEONLINE.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Disputes and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the State of Indiana , without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to toxicwasteonline.com or to products you purchase through toxicwasteonline.com shall be submitted to confidential arbitration in Indianapolis, Indiana, except that, to the extent you have in any manner violated or threatened to violate toxicwasteonline.com’s intellectual property rights, toxicwasteonline.com may seek injunctive or other appropriate relief in any state or federal court in the state of Indiana, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against toxicwasteonline.com.
