Two Nerds Candles Terms of Service

Overview

These terms of service are entered into by and between you and Two Nerds Candle Company, LLC (“Two Nerds,” “we,” “us” or “our”) (the “Terms of Service” or “Terms”). These Terms of Service apply to your access and use of the website located at https://twonerdscandle.com/ (the “Site”) and any additional platforms that are owned or operated by us (collectively, the “Services”), and are incorporated with and subject to the Two Nerds Privacy Policy. Two Nerds includes Two Nerds Candle Company, LLC and its officers, directors, employees, consultants, affiliates, subsidiaries and agents. By accessing or using the Services, you agree to these Terms of Service, as updated from time to time in accordance with Section 24 below. Do not access or use the Site if you are unwilling or unable to be bound by the Terms. A breach or violation of any of the Terms may result in an immediate termination of the Services, as further described in Section 22.

Section 1 ­‑ Online Store Terms. To access or use the Services you must (i) be at least the age of majority in your state, (ii) have not previously been suspended or banned from the Site or removed from access to the Services, and (iii) register for and use the Services in compliance with any and all applicable laws and regulations. Any submission of Personal Information through the Site is governed by our Privacy Policy.

 

Section 2 - User Accounts. To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to provide certain identifying information about yourself, including but not limited to your email address and other contact information, username and password (“Account Information”). When registering for and maintaining an account, you agree to provide true, accurate, current and complete information about yourself and to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Two Nerds for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Account Information. For your protection and the protection of other users, we ask you not to share your Account Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at info@twonerdscandle.com. As further described in Section 22, we reserve the right to disable your account at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

 

Section 3 - Electronic Communications, Alerts, Notifications. In connection with the Services, you may receive notifications, alerts, emails, or other types of electronic communications regarding the Services. You acknowledge and agree that you may receive communications from us electronically, such as via e-mail or through notices and messages on our website. 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.

Section 4 – Rewards Program. By creating an account with us, you may enroll in our Rewards Program. Membership in the Rewards Program is open to all residents of the United States (including its territories and possessions), that are at least 18 years old or the age of majority in your state. You may earn points through our Rewards Program to be eligible for certain discounts on products. Points have no cash value and cannot be converted to or redeemed for cash, either in whole or in part. Tax, shipping & handling and any other charges other than the purchase price of a qualifying product are not eligible for points. For your purchase to qualify to earn points, you must be logged into your account on the Site at the time of purchase. To keep track of your points in the Rewards Program, you may access your account through the Site. Two Nerds may, in its discretion, cancel, modify, restrict or terminate the Rewards Program at any time without prior notice.

Section 5 – Restrictions. You agree not to, and will not assist, encourage, or enable others to, use the Services:

1. For any unlawful purpose;
2. To solicit others to perform or participate in any unlawful acts;

• To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

1. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
2. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or otherwise;
3. To submit false or misleading information or perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission or falsifying your identity or any information about you, including age or date of birth;

• To interfere with the operation or any user’s enjoyment of the Services, including by uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet;
• To collect or track the personal information of others;

1. To spam, phish, pharm, pretext, spider, crawl, or scrape (including any accessing, monitoring or copying of any content or information of the Services using any robot, spider, scraper or other automated means or any manual process for any purpose without Two Nerds’s written permission);
2. For any obscene or immoral purpose; or
3. To interfere with or circumvent the security features of the Service or any related website, other websites, or the internet;

• Sell or otherwise transfer the access granted herein.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 6 - Third Parties. Certain content, products and services made available via the Services may include materials from third-parties or contain links to other websites or applications that are not affiliated with us (each, a “Third Party Site”). You acknowledge and agree that Two Nerds does not control nor endorse these sites and is not responsible for examining or evaluating the content or accuracy of any Third Party Site. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss for any damage or loss caused or alleged to be caused by or in connection with the use of any such Third Party Site. Please review carefully policies and practices of any such Third Party Site and make sure you understand them before you engage in any transaction.

Section 7 - Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, and (iii) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, copy, modify, publish, distribute, create derivatives of, exploit and sublicense the Feedback.

Section 8 - Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any Feedback that you submit to Two Nerds through the Services. The Services are protectable by applicable copyright and other intellectual property laws and no materials from the Services, without our express permission, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. All trademarks and service marks on the Services belong to Two Nerds, except third-party trademarks or service marks, which are the property of their respective owners.

Section 9 - Prices. The prices displayed for products available for purchase via the Services, which represent the applicable retail prices, are subject to change and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. All prices displayed on the Services are quoted in U.S. dollars.

Section 10 - Modifications to the Service. We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that Two Nerds will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.

Section 11 - Products or Services. Certain products or Services may be available exclusively online through the Site. We make every efforts to present the most recent, accurate, and reliable information about the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. Products displayed may be out of stock or discontinued. Two Nerds is not responsible for typographical errors regarding price, availability or any other matter and we do not warrant that any errors in the Service will be corrected. Additionally, Two Nerds does not warrant the accuracy of any customer product ratings, comments or feedback.

Section 12 - Payment. By submitting an order through the Services, you agree to pay in advance the price of the product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. You may make payment by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILZIED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by your or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any transaction.

Section 14 - Purchase History. Your purchase history may include details such as product description, product image, units purchased, purchase price, purchase or order date, shipping updates, order number, or product manuals, warranties and instructions. All information related to your purchase history is solely owned by us at all times, but may be made available to you in our sole discretion for your review upon request.

Section 15 - Processing Orders. We reserve the right to cancel, modify or suspend any order you place with us for any reason at our sole discretion, including if we determine there has been a violation of these Terms of Service in connection with your order. If any problems arise in connection with your order, or with the shipping address or method of payment associated with your purchase, and we cannot resolve such problem, your order may be cancelled and we may not be able to process future purchases until the problem has been resolved. In the event that we make a change to your order, we will attempt to notify you via the contact information provided at the time of your purchase.

Section 16 - Cancellation. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we cancel an order, we will attempt to notify you via the contact information provided at the time of your purchase.

Section 17 - Indemnification. You agree that you will be personally responsible for your use of the Services, and you agree to indemnify, defend and hold Two Nerds harmless from and against any and all claims, liabilities, damages, losses and expenses (including attorneys’ fees and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your breach of these Terms of Service or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Two Nerds reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Section 18 - Reliance on Information Posted. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of any of the Services’ contents.

Section 19 - Disclaimer of Warranties; Limitation of Liability.

1. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Although Two Nerds seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies. Two Nerds specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Services. Two Nerds does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services.
2. IN NO EVENT WILL TWO NERDS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TWO NERDS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. Some jurisdictions do not allow the disclaimers of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.

Section 20 - Choice of Law and Venue. The Terms of Service are governed by the laws of the State of New York, without regard to conflict of law principles. To the extent that any claim, cause of action or dispute arises between you and Two Nerds, you and Two Nerds agree to submit to the exclusive personal jurisdiction in, and the exclusive venue of the state and federal courts located within New York County, New York.

Section 21 – Dispute Resolution and Binding Arbitration.  In the interest of resolving disputes between you and Two Nerds in the most expedient and cost effective manner, you and Two Nerds agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”).  Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class actions are not permitted.  You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s).  Any relief awarded cannot affect other users.

Section 22 - Termination. If you violate these Terms of Service, your permission to use the Services will automatically terminate. In addition, you may terminate your account at any time by closing your account, discontinuing your use of the Site, and providing Two Nerds with a notice of termination by contacting us at twonerdscandle@gmail.com. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Two Nerds may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.

Section 23 - General.

1. Entire Agreement. The Terms of Service contain the entire agreement between you and Two Nerds regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms. Except as expressly permitted above, these Terms may only be amended by a written agreement signed by authorized representatives of the parties.
2. No Waiver. The failure to require performance of any provision shall not affect our right to require performance of such provision or any other provision at any time thereafter, nor shall a waiver of any breach or default of the Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
3. Severability. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
4. Assignability. The Terms are not assignable, transferable or sublicensable by you except with Two Nerds’ prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
5. Section Titles. The section titles in the Terms are for convenience only and shall have no impact on the interpretation of particular provisions.

Section 24 - SMS Marketing

By consenting to our SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at info@twonerdscandle.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://twonerdscandle.com/policies/privacy-policy to determine how we collect and use your personal information.

Section 25 - Changes to the Terms of Service. We reserve the right at any time to modify the Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms of Service. We will make reasonable efforts to notify you of any material changes to the Terms of Service, including, but not limited to, by making the revised version available on this webpage, and will indicate at the top of this page the last updated version of such Terms. Your continued use of or access to the website after any posted modification to the Terms will be deemed acceptance of the modifications to the Terms of Service.

Section 26 – Notice to California Residents.  Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Last updated: 05/16/2023

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