Revised 11/25/2023

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1. AGREEMENT TO TERMS These Terms of Use constitute a legally binding
agreement made between you, whether personally or on behalf of an entity
(“you”) and Window Candles, LLC, doing business as WindowCandles
("WindowCandles", “we”, “us”, or “our”), concerning your access to
and use of the windowcandles.com website as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). We are registered in Maryland, United
States and have our registered office in Havre de Grace, MD 21078. The Site
provides an online marketplace for the following goods, products, and/or
services: low-voltage decorative illumination apparatuses and accessories. (the
“Marketplace Offerings”). In order to help make the Site a secure environment
for the purchase and sale of Marketplace Offerings, all users are required to
accept and comply with these Terms of Use. You agree that by accessing the Site
and/or the Marketplace Offerings, you have read, understood, and agree to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS
OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE
MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental
terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Terms
of Use at any time and for any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive any right
to receive specific notice of each such change. Please ensure that you check
the applicable Terms every time you use our Site so that you understand which
Terms apply. You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Site from other locations do so on their
own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable. The Site is not tailored to comply
with industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use this Site. You may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA). The Site is intended for users who are at least
18 years old. Persons under the age of 18 are not permitted to use or register
for the Site or use the Marketplace Offerings. 2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Marketplace Offerings are our
proprietary property and all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content and
the Marks are provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Use, no part of the
Site or the Marketplace Offerings and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission. Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks. 3. USER
REPRESENTATIONS By using the Site or the Marketplace Offerings, you represent
and warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Terms of Use;
(4) you are not a minor in the jurisdiction in which you reside; (5) you will
not access the Site or the Marketplace Offerings through automated or non-human
means, whether through a bot, script or otherwise; (6) you will not use the
Site for any illegal or unauthorized purpose; and (7) your use of the Site or
the Marketplace Offerings will not violate any applicable law or regulation. If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Site (or any portion thereof). You may
not use the Site or the Marketplace Offerings for any illegal or unauthorized
purpose nor may you, in the use of Marketplace Offerings, violate any laws.
Among unauthorized Marketplace Offerings are the following: intoxicants of any
sort; illegal drugs or other illegal products; alcoholic beverages; games of
chance; and pornography or graphic adult content, images, or other adult
products. Postings of any unauthorized products or content may result in
immediate termination of your account and a lifetime ban from use of the Site.
We are a service provider and make no representations as to the safety,
effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or
legality of any of the information contained on the Site or the Marketplace
Offerings displayed or offered through the Site. You understand and agree that
the content of the Site does not contain or constitute representations to be
reasonably relied upon, and you agree to hold us harmless from any errors,
omissions, or misrepresentations contained within the Site’s content. We do not
endorse or recommend any Marketplace Offerings and the Site is provided for
informational and advertising purposes only. 4. USER REGISTRATION You may be
required to register with the Site in order to access the Marketplace
Offerings. You agree to keep your password confidential and will be responsible
for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable. 5. MARKETPLACE OFFERINGS We make every effort to display as
accurately as possible the colors, features, specifications, and details of the
Marketplace Offerings available on the Site. However, we do not guarantee that
the colors, features, specifications, and details of the Marketplace Offerings
will be accurate, complete, reliable, current, or free of other errors, and
your electronic display may not accurately reflect the actual colors and details
of the products. All Marketplace Offerings are subject to availability, and we
cannot guarantee that Marketplace Offerings will be in stock. Certain
Marketplace Offerings may be available exclusively online through the Site.
Such Marketplace Offerings may have limited quantities and are subject to
return or exchange only according to our Return Policy. We reserve the right to
limit the quantities of the Marketplace Offerings offered or available on the
Site. All descriptions or pricing of the Marketplace Offerings are subject to
change at any time without notice, at our sole discretion. We reserve the right
to discontinue any Marketplace Offerings at any time for any reason. We do not
warrant that the quality of any of the Marketplace Offerings purchased by you
will meet your expectations or that any errors in the Site will be corrected.
6. PURCHASES AND PAYMENT We accept the following forms of payment: - Visa -
Mastercard - American Express - Discover - Amazon Pay - CashApp by Square -
Paper Check You agree to provide current, complete, and accurate purchase and
account information for all purchases of the Marketplace Offerings made via the
Site. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax
will be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in U.S. dollars. You agree to pay all
charges at the prices then in effect for your purchases and any applicable
shipping fees, and you authorize us to charge your chosen payment provider for
any such amounts upon placing your order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or received
payment. We reserve the right to refuse any order placed through the Site. We
may, in our sole discretion, limit or cancel quantities purchased per person,
per household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that
use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers, or distributors. 7. RETURN POLICY Please review our Return Policy
posted on the Site prior to making any purchases. 8. PROHIBITED ACTIVITIES You
may not access or use the Site for any purpose other than that for which we make
the Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us. As a
user of the Site, you agree not to: Systematically retrieve data or other
content from the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from
us. Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords. Circumvent,
disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use
any information obtained from the Site in order to harass, abuse, or harm
another person. Make improper use of our support services or submit false
reports of abuse or misconduct. Use the Site in a manner inconsistent with any
applicable laws or regulations. Engage in unauthorized framing of or linking to
the Site. Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Marketplace Offerings. Engage in any automated use of the
system, such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools. Delete the
copyright or other proprietary rights notice from any Content. Attempt to
impersonate another user or person or use the username of another user. Upload
or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,
web bugs, cookies, or other similar devices (sometimes referred to as “spyware”
or “passive collection mechanisms” or “pcms”). Interfere with, disrupt, or
create an undue burden on the Site or the networks or services connected to the
Site. Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Marketplace Offerings to you. Attempt
to bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site. Copy or adapt the Site’s software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part
of the Site. Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Site, or using or launching any unauthorized
script or other software. Use a buying agent or purchasing agent to make
purchases on the Site. Make any unauthorized use of the Marketplace Offerings,
including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses. Use the Marketplace
Offerings as part of any effort to compete with us or otherwise use the Site
and/or the Content for any revenue-generating endeavor or commercial
enterprise. Use the Site to advertise or offer to sell goods and services. Sell
or otherwise transfer your profile. 9. USER GENERATED CONTRIBUTIONS The Site
may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Site, including
but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Site and the Marketplace Offerings and through third-party websites. As such,
any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and
warrant that: The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your Contributions
do not and will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights of any third
party. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated by
the Site and these Terms of Use. You have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms of Use. Your Contributions are
not false, inaccurate, or misleading. Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation. Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us). Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific person
or class of people. Your Contributions do not violate any applicable law,
regulation, or rule. Your Contributions do not violate the privacy or publicity
rights of any third party. Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors. Your Contributions do not include any offensive comments
that are connected to race, national origin, gender, sexual preference, or
physical handicap. Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms of Use, or any applicable
law or regulation. Any use of the Site or the Marketplace Offerings in
violation of the foregoing violates these Terms of Use and may result in, among
other things, termination or suspension of your rights to use the Site and the
Marketplace Offerings. 10. CONTRIBUTION LICENSE By posting your Contributions
to any part of the Site, you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The use
and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions. We do not assert any ownership over
your Contributions. You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights associated with
your Contributions. We are not liable for any statements or representations in
your Contributions provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions. We have the right, in our sole
and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any Contributions
at any time and for any reason, without notice. We have no obligation to
monitor your Contributions. 11. GUIDELINES FOR REVIEWS We may provide you areas
on the Site to leave reviews or ratings. When posting a review, you must comply
with the following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion, race, sex,
national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative. We may
accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute all
content relating to reviews. 12. SUBMISSIONS You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information
regarding the Site or the Marketplace Offerings ("Submissions")
provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any
such Submissions, and you hereby warrant that any such Submissions are original
with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions. 13. THIRD-PARTY
WEBSITES AND CONTENT The Site may contain (or you may be sent via the Site or
the Marketplace Offerings) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third Party Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Terms of Use no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or
relating to any applications you use or install from the Site. Any purchases
you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites. 14. SITE MANAGEMENT We reserve the right, but not the
obligation, to: (1) monitor the Site for violations of these Terms of Use; (2)
take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or
any portion thereof; (4) in our sole discretion and without limitation, notice,
or liability, to remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Site and the
Marketplace Offerings. 15. PRIVACY POLICY We care about data privacy and
security. By using the Site or the Marketplace Offerings, you agree to be bound
by our Privacy Policy posted on the Site, which is incorporated into these
Terms of Use. Please be advised the Site and the Marketplace Offerings are
hosted in the United States. If you access the Site or the Marketplace
Offerings from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from applicable
laws in the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you agree to have your data
transferred to and processed in the United States. 16. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS
OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress. 17. MODIFICATIONS AND INTERRUPTIONS We
reserve the right to change, modify, or remove the contents of the Site at any
time or for any reason at our sole discretion without notice. However, we have
no obligation to update any information on our Site. We also reserve the right
to modify or discontinue all or part of the Marketplace Offerings without
notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site or the
Marketplace Offerings. We cannot guarantee the Site and the Marketplace
Offerings will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site or the Marketplace
Offerings at any time or for any reason without notice to you. You agree that
we have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site or the Marketplace Offerings during
any downtime or discontinuance of the Site or the Marketplace Offerings.
Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or the Marketplace Offerings or to supply any corrections,
updates, or releases in connection therewith. 18. GOVERNING LAW These Terms of
Use and your use of the Site and the Marketplace Offerings are governed by and
construed in accordance with the laws of the State of Maryland applicable to
agreements made and to be entirely performed within the State of Maryland,
without regard to its conflict of law principles. 19. DISPUTE RESOLUTION
Informal Negotiations To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Terms of Use (each
"Dispute" and collectively, the "Disputes") brought by
either you or us (individually, a "Party" and collectively, the
"Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at
least fourteen (14) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved through binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the AAA website: www.adr.org. Your arbitration fees and your
share of arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules. The arbitration may
be conducted in person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Harford County, Maryland.
Except as otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the arbitrator. If
for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal courts
located in Harford County, Maryland, and the Parties hereby consent to, and
waive all defenses of lack of personal jurisdiction, and forum non conveniens
with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is
excluded from these Terms of Use. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable, and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court. Restrictions The Parties agree that any arbitration
shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated
on a class-action basis or to utilize class action procedures; and (c) there is
no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration The Parties agree that the
following Disputes are not subject to the above provisions concerning informal
negotiations and binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court. 20. CORRECTIONS There may be information on the
Site that contains typographical errors, inaccuracies, or omissions that may
relate to the Marketplace Offerings, including descriptions, pricing,
availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information
on the Site at any time, without prior notice. 21. DISCLAIMER THE SITE AND THE
MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE
MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 22. LIMITATIONS
OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE
OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN
US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 23. INDEMNIFICATION You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) your Contributions; (2) use of the Marketplace
Offerings; (3) breach of these Terms of Use; (4) any breach of your
representations and warranties set forth in these Terms of Use; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Site or the Marketplace Offerings with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it. 24. USER DATA We will maintain certain data that you
transmit to the Site for the purpose of managing the performance of the
Marketplace Offerings, as well as data relating to your use of the Marketplace
Offerings. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you
have undertaken using the Marketplace Offerings. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data. 25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means. 26. CALIFORNIA USERS AND
RESIDENTS If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254. **Modification of Policies Clause** Window Candles
LLC ("we", "us", or "our") reserves the full
right to amend, modify, add, or remove portions of our policies at any time and
at our sole discretion. These changes may be implemented with or without prior
notice to you. It is your responsibility to review our policies periodically to
stay informed about any modifications. Your continued use of our website and
purchase of our products after any changes signifies your acceptance of the
updated policies. Applicability of any changes will be immediate and pertain to
all customers, regardless of their time of joining or making a purchase. If you
do not agree to the amended policies, your sole recourse is to discontinue use
of our website and services.

Please click here to download a Word Document containing our warranty information.