This website is provided for your information and entertainment, and we hope you enjoy using it. Please browse the website and make use of its various features, but please be aware that your use of the website is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this website.
- Ownership and Operation
- Agreement to Be Bound
- Continuing Agreement
- Use of Site Materials
- Privacy
- Submissions
- Geographic Scope of Site
- Links to Other Sites
- Contents of the Website - Disclaimer
- Operation of the Website - Disclaimer
- Limitation of Liability
- Limitations as to Paragraphs 9, 10, and 11
- Availability of Help
- Applicable Law; Jurisdiction
- Severability
- No Waiver
- No Legal Effect
1. Ownership and Operation
This website belongs to The Candy Basket, Inc, 1924 NE 181st, Portland, Oregon 97230, USA. Our phone number is 503-666-1924. The Candy Basket, Inc. may, in its sole discretion and at any time, modify or discontinue this website or specific portions of it.
2. Agreement to Be Bound
Your use of this website constitutes your agreement with The Candy Basket, Inc. to be bound by and to act in accordance with, and these Terms of Use.
3. Continuing Agreement
We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the website to keep up to date with the current terms regarding your use of the website. Your use of the website reaffirms your continuing agreement to the then-current Terms of Use.
4. Use of Site Materials
The Candy Basket, Inc. owns the copyright for all of the material on the website or has a valid right from a third party to use material on the website. The Candy Basket, Inc. also owns or has a valid right to use all trademarks, service marks, and trade names used on this website, registered or not. No part of the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark, and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of The Candy Basket, Inc. copyright and other proprietary rights. The use of any such material on any other website or computer network without The Candy Baskets written consent is strictly prohibited. Your use of the trademarks, service marks, and trade names on this website in any manner other than as authorized in these terms and conditions, or as authorized in writing by The Candy Basket, Inc., is strictly prohibited.
5. Privacy
For information on how The Candy Basket, Inc. uses and protects the personal information you may provide on this website, see our Privacy Policy.
6. Submissions
All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to The Candy Basket, Inc. through this website will become and remain the exclusive property of The Candy Basket, Inc., including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge The Candy Baskets unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation, or other obligation to you or any other person. It also means The Candy Basket, Inc. has no obligation to keep your submissions confidential.
7. Geographic Scope of Site
The Candy Basket, Inc. controls and operates this website from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote only those The Candy Basket products that are sold by The Candy Basket, Inc. in the United States and its territories, and The Candy Basket, Inc. makes no representation that materials in this website or the products described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.
8. Links to Other Sites
For your convenience and enjoyment, this website may provide links to other websites on the World Wide Web that are not operated by The Candy Basket, Inc. These links do not mean that The Candy Basket, Inc. endorses, approves, or sponsors any information available at the linked site or any products that may be sold there, nor is The Candy Basket, Inc. liable for any damage that might result from your use of such information or products.
9. Contents of the Website - Disclaimer
The materials in this website (including any graphics, software, recommendations, or other materials) and any materials made available through this website are provided "as is" and without warranties of any kind, either express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CANDY BASKET, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE CANDY BASKET, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. THE CANDY BASKET, INC. UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Certain links in this website may link you to other sites on the World Wide Web. The linked sites may not be under the control of The Candy Basket, Inc. and The Candy Basket, Inc. is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Candy Basket, Inc. is not responsible for webcasting or any other form of transmission received from any linked site. The Candy Basket, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by The Candy Basket, Inc. to, or an endorsement by The Candy Basket, Inc. of, the linked site or any products or services which may be offered there.
10. Operation of the Website - Disclaimer
The Candy Basket, Inc. endeavors to maintain this website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the website or its operation. AS TO THE OPERATION OF THE WEBSITE, THE CANDY BASKET, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE CANDY BASKET, INC. MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT, THE CANDY BASKET, INC) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE CANDY BASKET, INC. BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE IN THE WEBSITE. THE CANDY BASKET, INC. SHALL NOT BE LIABLE EVEN IF THE CANDY BASKET, INC. OR A CANDY BASKET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, OR COMPUTER VIRUS, WORM, TROJAN HORSE, OR OTHER HARMFUL COMPONENT.
12. Limitations as to Paragraphs 9, 10, and 11
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall The Candy Basket, Inc.’s total liability to you for 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.
13. Availability of Help
This website may provide a Help file or other instructions for the use of this site. However, you understand that The Candy Basket, Inc. is under no obligation to provide any support for the use of the website.
14. Applicable Law; Jurisdiction
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct, or otherwise) will be governed by the laws of the State of Vermont, without reference to its conflicts of law principles. The Candy Basket, Inc. controls and manages this website form its facilities in the State of Vermont, United States of America. Any legal actions, suits, or proceedings arising out of these Terms of Use (whether for breach of contract, tortuous conduct, or otherwise) will be brought exclusively in courts located in the state of Oregon, and you hereby accept and submit to the personal jurisdiction of these Oregon courts with respect to any legal actions, suits, or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit, or proceeding brought to enforce, defend, or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.
15. Severability
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
16. No Waiver
No failure on the part of The Candy Basket, Inc. to enforce any part of these Terms of Use shall constitute a waiver of any of The Candy Basket, Inc. rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by The Candy Basket, Inc. nor the reliance of any person on The Candy Basket, Inc. actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of The Candy Basket, Inc. shall have any legal effect whatsoever.
17. No Legal Effect
The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.