Terms & Conditions
The following terms and conditions for all current uses of this website and disclaimers (“Terms”) constitute a binding agreement between you and Candy Club, LLC. PLEASE READ THE TERMS CAREFULLY BEFORE BROWSING OR MAKING A PURCHASE FROM THIS WEBSITE (“USE”). THE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. YOUR CURRENT USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS FOR YOUR CURRENT USE. ONLY THE TERMS IN EFFECT AS OF A USE SHALL GOVERN FOR THAT PARTICULAR USE. EACH TIME YOU MAKE USE OF THE SITE, REVIEW THE TERMS AGAIN IN ORDER TO ENSURE THAT YOU ARE AWARE OF AND ACCEPT THE THEN-CURRENT TERMS. IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THIS WEBSITE AND DO NOT PLACE AN ORDER. BY CHECKMARKING THE TERMS AND CONDITIONS AND AUTO-RENEWAL DISCLAIMER IN THE CHECKOUT, YOU ARE AGREEING TO THESE PROVISIONS.
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
You should print a copy of the Terms for future reference, since Terms may have changed since your last Use.
WAIVER OF RIGHT TO JURY TRIAL OR CLASS ACTION
IF ANY DISPUTES ARISE BETWEEN YOU AND US FOR ANY REASON, AND NEITHER OUR CUSTOMER SERVICE DEPARTMENT NOR GOOD FAITH MEDIATION IS ABLE TO RESOLVE ANY CLAIM, DISPUTE OR CONTROVERSY, WE BOTH AGREE THAT SUCH DISPUTE SHALL THEN BE SETTLED SOLELY BY ARBITRATION STRICTLY BETWEEN YOU AND US, THE RESULT OF WHICH SHALL BE BINDING UPON ANY PARTIES INVOLVED, AND ANY JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. TO LEARN ABOUT THIS DISPUTE RESOLUTION POLICY IN FULL, PLEASE VIEW OUR ARBITRATION POLICY BELOW.
- These Terms shall govern your current Use of this website. These Terms supersede all terms and conditions that may have been published previously on this site.
- You represent that: (1) you are at least 18 years of age; (2) you are of legal age to form a binding contract; and (3) you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are not 18 years old, please ask your parents or other responsible adults to place any orders that you wish to place.
- You acknowledge that you do not rely on any representation and/or warranty that has not been expressly made in the Terms.
- We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete, or out of date.
- Descriptions, depictions, representations, and/or specifications for the products and services on offer at this website are intended as a guide only and only give a general approximation of the efficacy of the products.
- You shall use this website in a legal, honest, and inoffensive manner.
- These Terms are organized under titles in order to group information into "user-friendly" categories. The titles are not to be used for purposes of interpreting the Terms.
- You may browse the Website without registering. However, in order to access some portions and features of the Website, including to post com ments, you will be required to register with and/or sign into the Website. If you do so, you are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username
- In the event you use our services over mobile devices, you hereby acknowledge that your carrier's normal rates and fees, such as text messaging and excess broadband fees will still apply.
- We have the right to refuse to accept any orders placed for Candy Club, LLC's products and services. Your order for products shall only be binding on us when you receive confirmation that a product has shipped. If we refuse your order, your money will be returned in full.
- You are responsible for the accuracy of all information you provide that is necessary for us to process your order and/or ship your order to the correct location. If an order has not been shipped, or shipped to an incorrect location due to such inaccuracy, you alone are responsible.
- The provision of products and services is subject to availability. If products are out of stock, Candy Club, LLC will inform you as soon as possible. You will be given the option of waiting until the products are in stock or of canceling your order.
- If you have any problems or concerns regarding Candy Club, LLC's products, you can reach us via the customer service contact information supplied on this website.
- Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control.
- If a delivery requires a signature to confirm receipt, it is your responsibility to ensure that there is someone at the delivery address to sign for the products when delivered. It is also your responsibility to collect the products from any postal collection depot and/or arrange an alternative delivery date if you are not available to sign for the products.
- If you place your order by post, please complete the order form and send it to us, along with payment, to the address given. We have no liability to you in respect of orders that do not reach us.
- Any products purchased are for personal use only. The products cannot be resold and cannot be given to any third party.
- The availability of this website may be outside our control and in the hands of third party providers. We cannot guarantee the level of availability of this site for your orders or other Use. We reserve the right to discontinue the website at any time.
- We are not responsible for safe delivery of goods because we do not ship the products directly. If the products are not delivered, arrive late, or are damaged in transit, you must take this up with the carrier. We will provide you with their contact details upon request.
- Payment is due at the time you place your order.
- We do not accept your order until we receive notice from our credit card merchant that your payment has been authorized and/or we have received payment in full in cleared funds.
- If for any reason payment in full is not made, we may withhold or suspend delivery of the products.
- We are unable to process cancellation requests via email. Please contact our customer service team at 888-598-5995 during regular business hours for cancellation requests.
- WE SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR FROM ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF OUR PRODUCTS OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE, OR OTHER GROUNDS. THIS LIMITATION DOES NOT, HOWEVER, EXTEND TO DIRECT OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
- Candy Club, LLC MAKES NO WARRANTIES FOR THE PRODUCTS SOLD ON THIS WEBSITE. Candy Club, LLC MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Candy Club, LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCTS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- THE REPRESENTATIONS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS ON THIS SITE ARE BASED ON REPRESENTATIONS AND CONCLUSIONS BY THIRD PARTIES INCLUDING THIRD-PARTY SCIENTIFIC AND MEDICAL RESEARCHERS, CUSTOMERS PROVIDING TESTIMONIALS, EXPERT ENDORSERS, INFORMATION FROM SUPPLIERS, PARTICIPANTS ON INTERNET FORUMS, AND AUTHORS WHO PUBLISH LITERATURE ABOUT THE PRODUCTS' INGREDIENTS AND THEIR EFFICACY. Candy Club, LLC DOES NOT ITSELF REPRESENT OR ENDORSE THE ACCURACY, CURRENCY, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ALL SUCH REPRESENTATIONS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
- Candy Club, LLC SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE.
- WE DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
- Candy Club, LLC URGES YOU TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER COMPETENT MEDICAL PRACTITIONER BEFORE USING THE PRODUCTS OFFERED ON OR THROUGH THIS WEBSITE, SINCE YOU MAY BE TAKING A MEDICATION OR OTHER DIETARY SUPPLEMENTS, OR MAY HAVE A MEDICAL CONDITION THAT MAKES THIS PRODUCT INAPPROPRIATE FOR YOUR USE. Candy Club, LLC DISCLAIMS ALL LIABILITY FOR ANY INJURY OR ILLNESS THAT YOU SUSTAIN AS THE RESULT OF NOT SOLICITING SUCH ADVICE, AS A RESULT OF HAVING RECEIVED INCOMPLETE OR INACCURATE ADVICE, OR AS A RESULT OF HAVING ANY ADVERSE PHYSICAL REACTION WHETHER OR NOT YOU FIRST CONSULTED WITH A MEDICAL PRACTITIONER.
- Candy Club, LLC DISCLAIMS ALL LIABILITY FOR REPRESENTATIONS AND WARRANTIES MADE ON OTHER WEBSITES ABOUT THE PRODUCTS AND SERVICES ON OFFER AT THIS WEBSITE.
- YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS Candy Club, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ATTORNEYS, AGENTS, DISTRIBUTORS, AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (INCLUDING ATTORNEYS' FEES AND COSTS) ARISING OUT OF OR RELATING TO YOUR BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS AND/OR OF THE TERMS OF OUR ARBITRATION POLICY. WE WILL CONTROL SELECTION OF COUNSEL FOR ANY INDEMNIFIED MATTER.
- THESE DISCLAIMERS AND EXCLUSIONS APPLY TO ALL CONTENT, MERCHANDISE, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS SITE.
- THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- By virtue of copyright, trademark, international treaties, and other laws, the entire contents of this website are owned by Candy Club, LLC or our affiliates or licensors. You may not forward or copy any portion of this for any purpose other than your own personal reference.
- Certain trademarks, trade names, service marks, graphics, photographs, and logos used or displayed on this website are registered and unregistered trademarks, trade names, service marks, graphics, photographs, or logos belonging solely to Candy Club, LLC or its affiliates or licensors. In addition, the arrangement and design of these elements on our website, and the underlying source code, are the sole property of Candy Club, LLC. You are forbidden from copying or using these in any manner without the written permission of Candy Club, LLC or other owner.
DATA PRIVACY AND SECURITY
- We may use a third party credit card merchant to take your payment. This third party will check and process your payment details. There are strict obligations that govern credit card merchants' handling of personal data. However, we cannot be held responsible for actions by this third party. We accept no liability for loss and/or damage that you may suffer as a result of this third party's acts and/or omissions. We advise you to print and retain a copy of each card transaction for future reference.
- There is an inherent risk that any communication, whether by e-mail, fax, telephone, or post, can be intercepted by third-parties. We do not accept any liability for external compromise of security and/or confidentiality in relation to transmissions sent by any of these media.
- You shall not use this website and any service made available to you via this website to attempt to gain access to and/or interfere with the functioning, operation or security of any network and/or system or in order to monitor a third party's use of the internet.
REFUND/SATISFACTION GUARANTEE POLICY
- We are confident that you will be satisfied with the products you have ordered. As a result, except as set forth herein, we offer you a full refund of the price you have paid for the products if you are dissatisfied, although we may deduct from the refunded purchase price any shipping and handling charges.
- In order to qualify for a refund, you must provide us all the information we ask for, and comply with all other terms specified on this website for such purpose. Please visit our FAQ page for more information.
- Refunds are limited to a single month supply per customer/household. In order to be eligible for a refund, your membership may be cancelled. This is at the sole discretion of Candy Club, LLC.
- All claims for candies damaged due to heat must be reported within 48 business hours of the member receiving the candies (excluding weekends and holidays). We are unable to assist with requests that fall outside of this timeframe.
- To claim your refund under this guarantee, please contact CustomerService@candyclub.com or contact our customer service department at Toll Free (in North America) 1-888-598-5995.
- Candy Club, LLC is not responsible for the content of any websites that link to this one, including such websites that review and/or promote Candy Club, LLC's products and services. A link to this site from another website does not imply that Candy Club, LLC endorses the contents of such websites or accepts the endorsements contained on such websites, or accepts any responsibility for the content or use of such other websites.
- This site may contain links to websites owned or operated by parties other than Candy Club, LLC. Such links are provided for your reference only. Candy Club, LLC does not control outside sites and is not responsible for their content nor their conformity to applicable laws. Candy Club, LLC's inclusion of any links to an outside website does not imply any endorsement of the material on that site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Candy Club, LLC's inclusion of the links imply that Candy Club, LLC is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
IF YOU HAVE A DISPUTE WITH ANY PARTY WHO PROVIDES THIRD-PARTY SERVICES IN CONNECTION WITH, ON, OR THROUGH THE WEBSITE, OR WITH ANY PARTY WHO PROVIDES A WEBSITE LINKED TO ON THE WEBSITE, YOU RELEASE US FROM CLAIMS, DEMANDS AND DAMAGES (INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU ALSO WAIVE CALIFORNIA CIVIL CODE S1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE S 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.
- No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same provision or other provision. All waivers must be in writing and signed by the party against whom they are asserted.
- If any provision of the Terms is held by a legal authority pertinent jurisdiction to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the affected provision shall be unaffected and shall remain in full force and effect and the arbitrator or court shall attempt to enforce the intent of the parties hereto to the full extent allowed by law.
- We shall have no Liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If we are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
- All third party beneficiaries are excluded and no third party shall have any right to enforce these Terms.
- For this particular Use, this agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Candy Club, LLC with respect to this website and the products and services offered and delivered. No modification of this agreement shall be effective unless it is in writing and agreed to by the parties.
- The rules of arbitration, as set forth at our ARBITRATION POLICY below shall exclusively govern the enforcement of the Terms between you and us.
- These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
- No party, nor any of the parties' respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
1. If you are unhappy with any aspects of the services and/or products that we have provided to you or have any queries or comments regarding the service, please call us at Toll Free (in North America) 1-888-598-5995 or email us at CustomerService@candyclub.com
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
We agree—both you (and your family members and beneficiaries) and Candy Club, LLC (meaning the corporation together with its directors, officers, employees, affiliates, agents, successors or assigns)— that (1) any mutual claim, dispute or controversy, or (2) any claim by either of us against the other on any matter, or (3) any claim arising from or related to this agreement, or (4) any claim arising from the relationships that result from this agreement, no matter against whom made, or (5) any dispute over the applicability of this Arbitration Agreement, or (6) any dispute about the validity of part of or the entire Arbitration Agreement (and hereinafter any or all types of claims, disputes, or controversies shall be referred to as a “Dispute” or “Disputes”), SHALL BE RESOLVED EXCLUSIVELY BY NEUTRAL, BINDING ARBITRATION BY THE NATIONAL ARBITRATION FORUM in the United States, under its Code of Procedure in effect at the time that the cause(s) of the Dispute arose or at the time that the Dispute is arbitrated (whichever is determined, in the sole discretion of the arbitrator, to be appropriate), except as specified otherwise in this Mutual Arbitration Agreement.
Arbitration hearings will take place in a location as convenient for you as possible subject to the approval of the National Arbitration Forum. To get more information on how to file a claim and obtain relevant forms, please contact the National Arbitration Forum at http://www.adrforum.com/, write to them at P.O. Box 50191, Minneapolis, Minnesota 55405, call them toll-free at 1-800-474-2371, or fax them at 1-952-345- 1160. The identity of the arbitrator shall be determined solely by the National Arbitration Forum, so as to eliminate any undue influence that you or Candy Club, LLC can apply to the detriment of the other regarding the choice of arbitrator at the National Arbitration Forum.
In the event that, for any reason, the National Arbitration Forum is unable or unwilling to arbitrate the Dispute in binding fashion, you and Candy Club, LLC agree that the American Arbitration Association shall arbitrate the Dispute in binding fashion. To contact the American Arbitration Association (at www.adr.org), write to them at The Paramount Building, 1633 Broadway, Tenth Floor, New York, NY 10019, call them at 1-212-484-3266, or fax them at 1-212-307-4387. The identity of the arbitrator shall be determined solely by the American Arbitration Association, so as to eliminate any undue influence that you or Candy Club, LLC can apply to the detriment of the other regarding the choice of arbitrator at the American Arbitration Association.
In the event that, for any reason, the American Arbitration Association is also unable or unwilling to arbitrate the Dispute in binding fashion, you and Candy Club, LLC agree that you and Candy Club, LLC shall endeavor in good faith to secure the services of another neutral arbitration body and that, under no circumstances, shall the Dispute be entertained by a court of law.
This Mutual Arbitration Agreement is effective pursuant to a transaction involving interstate commerce, and shall be governed by and interpreted under the Federal Arbitration Act. The Act is codified as law at Title 9 of the U.S. Code, sections 1-16. You may review the provisions of the Act at the website of the Office of Law Revision Counsel of the United States House of Representatives.
We both agree that the arbitration shall be conducted before one neutral arbitrator, who shall be selected by the National Arbitration Forum (or by a default arbitration body as set forth above). Any award of the arbitrator may be entered as a judgment in a United States court having jurisdiction as determined in the sole discretion of the arbitrator. In the event that a court having jurisdiction finds any portion of this Mutual Arbitration Agreement unenforceable, that portion shall not be effective, and the remainder of the Mutual Arbitration Agreement shall remain effective.
BOTH PARTIES TO THIS Mutual Arbitration Agreement—YOU AND Candy Club, LLC—UNDERSTAND THAT YOU AND WE WOULD HAVE HAD THE RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE OUR CASE, BUT YOU AND WE CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION.
We agree that THE ARBITRATION SHALL BE LIMITED SOLELY TO THE DISPUTE BETWEEN YOU AND Candy Club, LLC, meaning that the arbitration, or any portion of it, will not be consolidated with any other arbitration, and will not be conducted on a class-wide or class action basis. In other words, WE ARE BOTH WAIVING THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH OTHER PERSONS OR CORPORATIONS WHO MAY HAVE THE SAME OR SIMILAR CLAIMS AGAINST YOU OR AGAINST US. Further, WE BOTH WAIVE THE RIGHT TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND WE BOTH WAIVE THE RIGHT TO PARTICIPATE IN ANY MANNER IN A CLASS ACTION EITHER IN A COURT OF LAW OR IN ARBITRATION AGAINST EACH OTHER. THE TERMS OF THIS ARBITRATION AGREEMENT MAY CHANGE WITHOUT NOTICE FROM TIME TO TIME. THE TERMS THAT SHALL BE APPLICABLE TO DISPUTES BETWEEN YOU AND Candy Club, LLC SHALL BE THOSE TERMS THAT ARE SET FORTH HERE AT THE TIME THAT THE TRANSACTION OR OCCURRENCE THAT GAVE RISE TO THE DISPUTE OCCURRED.
YOU MAY OPT OUT OF THIS AGREEMENT IF, WITHIN 30 DAYS OF YOUR PURCHASE OF A PRODUCT FROM THIS WEBSITE, YOU SEND AN EMAIL TO THE FOLLOWING EMAIL ADDRESS: email@example.com, AND SUCH EMAIL CLEARLY INDICATES YOUR REQUEST TO OPT OUT. You must include your name, telephone number, and order number in your email. You will receive an email confirmation of your opt-out within 3 business days. You must retain this email confirmation of your opt-out for your records. If you do not receive an email confirmation of your opt-out within 3 business days, please contact us via the following telephone number: North America toll free 1-888-598-5995. If you are calling outside regular business hours (8:30am - 5:00 pm Pacific Time) you will need to leave a message that includes your name and telephone number. This procedure is intended to protect your rights as well as ours.
In the event that, for whatever reason, any portion of a dispute between you and Candy Club, LLC is to be determined by a state court, we both agree that any questions arising from or relating to this Mutual Arbitration Agreement, its interpretation, its breach, its termination, its validity, and the relationships that result from this Mutual Arbitration Agreement, or any questions arising from or relating to the marketing, advertising, sales, or any related purchase of products from Candy Club, LLC, SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
If you reside outside of the United States, any claims we may have against each other shall be brought before an arbitrator of the National Arbitration Association in New York City, and all the other terms and conditions of this Mutual Arbitration Agreement shall apply to you as if you were a resident of New York City. In the event that, for any reason, the National Arbitration Forum is unable or unwilling to arbitrate the Dispute in binding fashion, then the default mechanism as set forth above for determining the arbitration body to resolve the Dispute in binding fashion shall apply.
Each party shall pay for its own costs and attorneys' fees, if any, and Candy Club, LLC will endeavor to secure pro bono assistance for an indigent claimant. However, if a party prevails on a statutory claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Candy Club, LLC recognizes that the size of a claim against it may be relatively minor compared to the expense in bringing and maintaining an arbitration action, and Candy Club, LLC recognizes that, by this Mutual Arbitration Agreement, we have both waived our rights to proceed against each other on a class action basis, whether in litigation or arbitration. Although this Mutual Arbitration Agreement is reciprocal in every respect, we understand that unequal bargaining power may exist between you and Candy Club, LLC in making this agreement. Therefore, in light of our mutual waiver of the opportunity and right to litigate disputes through a court and to have a judge or jury decide the case, and in light of our mutual waiver of the opportunity and right to proceed against each other in class-wide litigation or class-wide arbitration, we remind you that you can always avail yourself of our 100% money-back no-questions-asked guarantee. In addition, we would also be happy to try to settle our dispute via mediation before proceeding to binding arbitration.
If you wish to try mediation before binding arbitration, then you and Candy Club, LLC hereby agree that any and every Dispute shall be entertained by a mediator at the National Arbitration Forum (using the contact information provided above for the National Arbitration Forum) strictly between us within 30 days of your asking us for mediation of the dispute. Any such mediation shall be held in the location designated by the National Arbitration Forum, and shall be conducted according to the mediation rules of the National Arbitration Forum in effect at the time that the cause(s) of the Dispute arose or at the time that the Dispute is mediated (whichever is determined, in the sole discretion of the mediator, to be appropriate). You can review the mediation procedures on the website of the Forum at http://www.adrforum.com/, or by asking the Forum for a copy using the Forum's contact information provided above. In the event that, for any reason, the National Arbitration Forum is unable or unwilling to mediate the Dispute, then the default mechanism as set forth above for determining the arbitration body to resolve the Dispute in binding fashion shall apply, mutatis mutandis, for determining the mediation body, i.e., shall apply giving due consideration to the difference in application between mediation and arbitration.
You and Candy Club, LLC hereby further agree that both of us shall endeavor to resolve our mediated dispute in good faith. If, 120 days after the commencement of mediation, we are not successful in resolving the Dispute(s), then you and Candy Club, LLC hereby agree that the matter shall be resolved solely by binding arbitration strictly between you and Candy Club, LLC according to the terms, conditions, and procedures for this outlined above.
No waiver of any breach of this Mutual Arbitration Agreement shall be considered as a waiver of any subsequent breach of the same provision or other provision.
If any provision of this Mutual Arbitration Agreement is held by any competent legal, arbitral, or regulatory authority with jurisdiction to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
We shall have no liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If we are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance. All third party rights are excluded and no third party shall have any right to enforce this Mutual Arbitration Agreement.
For Disputes that arise from this particular purchase or website browsing/usage, this current Mutual Arbitration Agreement supersedes all prior or contemporaneous communications or proposals, whether electronic, oral or written, between you and Candy Club, LLC, whether with respect to this website or any other matter. For Disputes that arise from previous purchases or website browsing/usage, the Mutual Arbitration Agreement terms at the time of the previous purchase or website browsing/usage remain in effect.