TERMS AND CONDITIONS OF USE

Effective date: February 1, 2019

Thank you for visiting our website. These Terms and Conditions of Use (“Terms”) govern your access to and use of the websites or applications owned or operated by Candace Nelson, LLC (“Candace Nelson,” “we,” or “us”) on which these Terms are displayed including CANDACE-NELSON.COM (each, a “Website,” and collectively, the “Websites”). You should not access the Website or use our services until you have carefully read and agreed to these terms and conditions of use (the “Terms”) which govern your access to and use of this Website.

NOTICE OF ARBITRATION AND CLASS ACTION WAIVER: PLEASE NOTE THAT THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER. ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE OR ARISING OUT OF YOUR ACCESS TO OR USE OF THIS WEBSITE MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE BELOW.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR WEBSITE IN ANY WAY. THE USE OF OUR WEBSITE IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS.

ACCEPTANCE OF TERMS; MODIFICATION OF TERMS

By using this Website, you and other users of the Website agree to these Terms. If you do not agree to these Terms, you may not access or use the Website. We may modify the Terms from time to time without notice to you. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Website. We include the effective date of our Terms at the top of the statement. We encourage you to check our Website frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on this Website. By using the Website following any modifications to the Terms, you agree to be bound by such modifications.

USE OF WEBSITE

Candace Nelson provides you with access to and use of the Website subject to your compliance with the Terms. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Terms.

User age and access. By submitting information through this Website you represent that you are a United States of America resident over the age of 18.

License. The Website, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Website in whole or in part, for any public or commercial purpose without the specific written permission of Candace Nelson. We grant you a personal, non-exclusive, non-transferable license to access our Website and to use the information and services contained here. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Website for any purpose, subject to the express terms of this Agreement.

WEBSITE USE TERMINATION; CORRECTIONS OF ERRORS, DEFICIENCIES, INACCURACIES AND OMISSIONS.

Candace Nelson expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Website by any person or entity, at the sole discretion of Candace Nelson, for any reason or no reason at all, and without prior notice. The Website (including the Content) may contain typographical, pictorial and/or other errors, deficiencies, or inaccuracies and may not be complete, accurate, timely, or current. We assume no responsibility for any such errors, deficiencies, inaccuracies, or omissions on the Site and do not guarantee that they will be corrected. We reserve the right to (i) discontinue any stated offer, (ii) delete, change or update prices, promotions, product descriptions or specifications, or other information, and (iii) delete, change or update the Content at any time without prior notice. In the event of an error involving product pricing or the terms of an offer, changes will take effect upon posting on the site, unless otherwise noted.

REGISTRATION AND ACCOUNT ACCESS

Registration may be required in order to use the Website. Registrants are required to provide certain information and to select a password to be used to create and access their accounts. This password and other registration details should be kept safe and not shared with anyone. Registrants may voluntarily provide additional information in the registration process to personalize their accounts. Registrants may access their accounts to view their profile information as well as transaction information by clicking the Account link on the home page of the Site and logging in.

Users may cancel their registration and account at any time by logging into their account and deleting all information. Under no circumstances will a cancellation request received via the phone or otherwise be accepted.

ITEM DESCRIPTION, PRICING AND AVAILABILITY; RETURNS; SITE UNAVAILABILITY

Due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Website. Candace Nelson has the right to correct inaccuracies or mistakes that come to its attention and to void any purchases of items that display an inaccurate price or description.

You acknowledge that temporary interruptions in the availability of the Website may occur from time to time as normal events.

All Items displayed on the Website are offered for sale strictly subject to availability.

Please read our Returns Policy by clicking the Returns & Exchanges link on the home page of the Website.

MODIFICATIONS TO THE WEBSITE

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Specific Prohibited Uses.

The Website may be used only for lawful purposes by individuals using authorized services of Candace Nelson. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Website. Candace Nelson specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:

a. Posting any information which is incomplete, false, inaccurate or not your own;

b. Impersonating another person;

c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;

g. Transmitting or transferring (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of US export control laws;

h. Attempting to interfere in any way with the Website’s or Candace Nelson’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system.

SECURITY RULES

Violations of system or network security may result in civil or criminal liability. Candace Nelson will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:

a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;

b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or

d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

PRIVACY POLICY; USER INFORMATION

In the course of your use of the Website, you may be asked to provide certain information to us. Candace Nelson’s use of any information you provide via the Website shall be governed by our Privacy Policy available here: PRIVACY POLICY. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

INTERNATIONAL USE

We control and operate the Website from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

PROPRIETARY RIGHTS

As between you and Candace Nelson, (or other company whose marks appear on the Website), Candace Nelson (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website and is the copyright owner or licensee of the Content and/or information on the Website, unless otherwise indicated.

Except as otherwise provided herein, use of the Website does not grant you a license to any Content, features or materials you may access on the Website and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Candace Nelson. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Website.

The information on the Website including, without limitation, all Website design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Candace Nelson or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

The Candace Nelson logos and service names are trademarks of Candace Nelson (the “Candace Nelson Marks”). Without Candace Nelson’s prior permission, you agree not to display or use Candace Nelson Marks in any manner. Nothing on the Website should be construed to grant any license or right to use any Candace Nelson Mark without the prior written consent of Candace Nelson.

LINKS FROM AND TO THE WEBSITE

You may be able to link to third party websites (“Linked Sites”) from the Website. Linked Sites are not, however, reviewed, controlled or examined by Candace Nelson in any way and Candace Nelson is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Candace Nelson’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Candace Nelson be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or Webmaster. Candace Nelson reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.

Permission must be granted by us for any type of link to the Website. To seek our permission, you may write to Candace Nelson. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Website, at our discretion at any time.

INDEMNITY

You agree to defend, indemnify and hold Candace Nelson, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Website, your violation of the Terms or the posting or transmission of any materials on or through the Website by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CANDACE NELSON DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CANDACE NELSON MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

CANDACE NELSON DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE WEBSITE. CANDACE NESLON IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF CANDACE NELSON.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CANDACE NELSON, NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF CANDACE NELSON OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF CANDACE NELSON TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, $50.00.

APPLICABLE LAW

You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Website may be subject to other local, state, national, and international laws.

ARBITRATION; WAIVER OF JURY TRIAL AND CLASS ACTION

If you have a dispute with Candace Nelson related to your access to or use of the Website, please contact us at the address below. We will endeavor in good faith to resolve your dispute informally.

ARBITRATION. In the unlikely event that Candace Nelson has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Candace Nelson claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Los Angeles, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Candace Nelson from seeking injunctive or other equitable relief from the courts as necessary to protect any of Candace Nelson’s proprietary interests.

CLASS ACTION AND JURY WAIVER. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING WHERE ENFORCEABLE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WEBSITE USERS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CANDACE NELSON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

CONSENT TO PROCESSING

By providing any personal information to the Website, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

Any inquiries concerning these Terms should be directed to us at hello@candace-nelson.com.

NOTICES

Notices to you may be made via either email or regular mail. The Website may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Website.

CONTACTING US

To contact us with any questions or concerns in connection with this Agreement or the Website, or to provide any notice under this Agreement to us please go to Contact Us or write to us at :

Candace Nelson, LLC
Attention: Legal Department
10952 Santa Monica Boulevard
Los Angeles, California 90025
hello@candace-nelson.com

GENERAL INFORMATION

The Terms constitute the entire agreement between you and Candace Nelson and govern your use of the Website, superseding any prior agreements between you and Candace Nelson. You also may be subject to additional terms and conditions that are applicable to certain parts of the Website.

You agree that no joint venture, partnership, employment, or agency relationship exists between Candace Nelson and you as a result of this Agreement or your use of the Website.

Any claim or cause of action you may have with respect to Candace Nelson or the Website must be commenced within one (1) year after the claim or cause of action arose.

The failure of Candace Nelson to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without Candace Nelson’s express written consent.

The Terms inure to the benefit of Candace Nelson’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

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