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Terms & Conditions

How We Use Information

WHILE VISITING OUR SITE

Welcome to our online store at www.amandasown.com. Amanda’s Own Confections and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

 

Electronic Communications

When you visit www.amandasown.com or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Amanda’s Own Confections or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Amanda’s Own Confections, with copyright authorship for this collection by Amanda’s Own Confections, and protected by international copyright laws.

 

Trademarks

Amanda’s Own Confections’s trademarks and trade dress may not be used in connection with any product or service that is not Amanda’s Own Confections’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Amanda’s Own Confections. All other trademarks not owned by Amanda’s Own Confections or its subsidiaries that appear on this site are the property of their respective owner, who may or may not be affiliated with, connected to, or sponsored by Amanda’s Own Confections or its subsidiaries.

 

License and Site Access

Amanda’s Own Confections 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 Amanda’s Own Confections. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Amanda’s Own Confections. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Amanda’s Own Confections and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Amanda’s Own Confections’s name or trademarks without the express written consent of Amanda’s Own Confections. Any unauthorized use terminates the permission or license granted by Amanda’s Own Confections. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Amanda’s Own Confections so long as the link does not portray Amanda’s Own Confections, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Amanda’s Own Confections logo or other proprietary graphic or trademark as part of the link without express written permission.

 

External Links

External links may be provided for your convenience, but they are beyond the control of Amanda’s Own Confections and no representation is made as to their content. Use or reliance on any external links and the content therein provided is at your own risk.

 

Your Membership Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Amanda’s Own Confections and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

Reviews, Comments, Emails, And Other Content

Visitors may post reviews, comments, and other content: 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, 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.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Amanda’s Own Confections reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Amanda’s Own Confections and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Amanda’s Own Confections and its associates and sub-licensees 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 Amanda’s Own Confections or its associates for all claims resulting from content you supply. Amanda’s Own Confections has the right but not the obligation to monitor and edit or remove any activity or content.Amanda’s Own Confections takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Risk Of Loss

All items purchased from Amanda’s Own Confections are made pursuant to a shipment contract.  Basically, this means that the risk of loss and title for such items pass to you upon our delivery to the delivery carrier or postal service.

 

Product Descriptions

Amanda’s Own Confections and its associates attempt to be as accurate as possible. However, Amanda’s Own Confections does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Amanda’s Own Confections itself is not as described your sole remedy is to return it in unused condition. Amanda’s Own Confections makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.

 

Return Policy And Warranty

You may return your product in unused condition along with your original receipt within 15 days of purchase for a full refund to the address below. Return postage not included. Amanda’s Own Confections does not accept returns on custom orders.

If your product is defective due to a manufacturing defect, you may return it along with the original receipt within 15 days from the date of purchase and we will replace it for you free of charge, subject to our inspection for verification of manufacturing defects. Return postage not included.

 

WEBSITE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY AMANDA’S OWN CONFECTIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMANDA’S OWN CONFECTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMANDA’S OWN CONFECTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMANDA’S OWN CONFECTIONS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AMANDA’S OWN CONFECTIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  AMANDA’S OWN CONFECTIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Amanda’s Own Confections
Westlake, OH  44145
USA

 

Applicable Law

By visiting Amanda’s Own Confections, you agree that the laws of the state of Ohio, United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use Agreement and Online Privacy Policy Agreement, and any dispute of any sort that might arise between you and Amanda’s Own Confections or its associates. The parties agree that the Ohio courts located in Cuyahoga county, Ohio, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

 

Disputes

Any dispute relating in any way to your visit to Amanda’s Own Confections or to products you purchase through Amanda’s Own Confections shall be submitted to confidential arbitration in Ohio, United States of America, except that, to the extent you have in any manner violated or threatened to violate Amanda’s Own Confections intellectual property rights, Amanda’s Own Confections may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio, United States of America, 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.

 

Site Policies, Modification, And Server Ability

Please review all policies posted on this site. These policies also govern your visit to Amanda’s Own Confections. We reserve the right to make changes to our site, policies, Online Privacy Policy Agreement, and Terms and Conditions of Use Agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ONLINE PRIVACY POLICY AGREEMENT
Please also visit the Online Privacy Policy Agreement governing the collection, use, and protection of information from the website at our Privacy Policy page here.

USE OF SITE = CONTENT
By using the www.amandasown.com site, you consent to the Online Privacy Policy Agreement and to the Terms and Conditions of Use Agreement.

CHANGES TO THE TERMS AND CONDITIONS OF USE AGREEMENT
Changes to the Terms and Conditions of Use Agreement will be posted on this page.
This Terms and Conditions of Use Agreement was last modified on 12/01/2018.

 

Question And Contact Information

Questions regarding the Terms and Conditions of Use Agreement and the Online Privacy Policy Agreement can be directed to the mailing address or email listed below:

Amanda’s Own Confections
Westlake, OH 44145
USA
[email protected]