MapCandy Terms of Use

Date of Last Revision: February 14, 2017

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms of Use (“Terms”) apply exclusively to your access to, and use of the websites, mobile applications and online services (collectively, the “Sites”) of Mapcandy, Inc., doing business as www.MapCandy.com (“MapCandy”). The Terms do not alter in any way the terms or conditions of any other agreement you may have with MapCandy, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and MapCandy for its violations of these Terms.

MapCandy reserves the right to change or modify these Terms at any time and in its sole discretion. If MapCandy makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the date at the top of these Terms. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites and any amounts owed to MapCandy will be immediately due and payable. Any use of the Sites in violation of these Terms may result in, among other things, termination of your account.

If you have any questions regarding the use of the Sites, please contact customer service along will all other questions or comments about the Sites or their contents may be directed to customer service by emailing us at support@mapcandy.com.

Terms for All Site Users

  1. Allergies

Some of our products may contain common food allergens such as but not limited to: nuts, fruits, gluten, lactose, soy. If you are unsure of a particular snack has an allergen, do not eat.

  1.  Shipping

Shipping charges are included in the purchase price.  We reserve the right to change any handling charges at any time.  Shipping is generally handled by the US Postal Service.  Because of this shipping times shown are estimates. If there is an exception to the normal shipping schedule, you will be notified with a corrected arrival date.

  1.  Risk of Loss

All items purchased  will be shipped by a third party carrier.  As a result, risk of loss, stolen, melted or damaged items will not be the fault of MapCandy.

  1.  Returns and Refunds

Mapcandy will replace any goods that are damaged in shipping if the customer provides proof of damage and emails customer support at support@mapcandy.com. Mapcandy will do this by sending you an extra item in your next month’s package.  No refunds will be offered after goods have shipped.  Customers may cancel their subscription at any time.

  1.  Accuracy of Information

We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, pricing or other information is accurate, complete, reliable, current or error-free

  1.  Third -Party Links

Certain items on our site may include materials from third parties.

These third-party links may direct you to their website that are not affiliated with us.  We are not responsible for monitoring and we do not have any liability for their materials, products or services of third-parties.

  1.  Disclaimer of Warranties, Limitations or Liability –

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Mapcandy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  1. Privacy Policy

Please refer to our Privacy Policy for information on how Mapcandy collects, uses and shares information about its users.

  1. Eligibility, Registration and Account

Our website is not targeted towards, nor intended for use by, anyone under the age of 18. By using our site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register for an account on our website. In addition, you may not make a purchase from our site unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the site; (b) do not have more than one site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

In order to create a profile on the site, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

In consideration of your use of the site, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Mapcandy; (e) enter valid payment information for the subscription fee and that you are authorized to submit said payment; and (g) promptly notify Mapcandy if you discover or otherwise suspect any security breaches related to the site.

  1. Ownership of Site Content

Unless otherwise indicated on our site, the site and all content and materials including but not limited to the Mapcandy logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Mapcandy or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sublicensable license to access and use the site and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of the site or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the site and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the site, the Site Content or any information contained, except as expressly permitted on the site or pursuant to separate terms; (g) reverse engineering or otherwise copying the formulas, contracts or business ideas related to or generated from the site; or (h) any use of the site or the Site Content other than for its intended purpose. Any other use of the Sites or the Site Content, without the prior written permission of Mapcandy, is strictly prohibited and will terminate the license granted by Mapcandy. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in writing by Mapcandy, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

  1. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Mapcandy has adopted a policy of terminating, in appropriate circumstances and in Mapcandy’s sole discretion, account holders who are deemed to be repeat infringers. Mapcandy may also, in its sole discretion, limit access to the site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the site infringes upon any copyright which you own or control, you may file a notification of such infringement by emailing us at support@mapcandy.com.

 

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s address in our records.

  1. Trademarks

“Mapcandy,” the Mapcandy logo and other Mapcandy product or service names, logos or slogans that may appear on the Sites are trademarks or registered trademarks of Mapcandy and its subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mapcandy or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Mapcandy” or any other name, trademark or product or service name of Mapcandy without our prior written permission. In addition, the look and feel of the sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Mapcandy and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the sites are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Mapcandy.

If you believe that anything on the site infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).

  1. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Mapcandy or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Mapcandy logo or other proprietary graphic of Mapcandy to link to the Sites without the express written permission of Mapcandy. Further, you may not use, frame or utilize framing techniques to enclose any Mapcandy trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Mapcandy’s express written consent.

Mapcandy makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Mapcandy and Mapcandy is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Mapcandy provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Mapcandy of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

  1. Product Reviews

We may provide specific opportunities for you to tell Mapcandy and other Mapcandy members or users what you think about our products or services (“Product Reviews”). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and Mapcandy does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, we may use a third party to “power” or provide the opportunity to review products or services. In that case, you will also need to review the terms of service for that third party’s website, including its privacy policy, to determine whether they are acceptable to you. If they are not, do not use its site or provide Product Reviews.

Mapcandy does not audit nor does it review the information provided by a client or User for accuracy or authenticity, and therefore, does not express or certify an opinion or any other form of assurance on it.  Mapcandy cannot and will not be relied upon to disclose errors, irregularities, or illegal acts, including fraud that might exist in the information provided by the User.  However, Mapcandy will inform User of any material errors that come to its attention and any irregularities or illegal acts that come to its attention, unless they are clearly inconsequential.  Mapcandy cannot be relied upon to identify or disclose irregularities or nonconforming conditions in the subject property as it relates to any code or regulation, including but not limited to those applicable to actions, fire, life safety, American Disabilities Act, hazardous materials, environmental impacts, etc.

  1. User Conduct

You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree to abide by our Site Rules and not to:

  • Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
  • Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
  • Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Use or attempt to use another’s account without authorization from Mapcandy;
  • Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
  • Engage in any harassing, intimidating, predatory or stalking conduct;
  • Develop any third-party applications that interact with User Content and our Sites; or
  • “Frame” our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

Mapcandy is not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor is Mapcandy responsible or liable for any associated loss, damage, injury or harm. Although Mapcandy has no obligation to monitor any user conduct on the Sites, Mapcandy reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice. Mapcandy does not approve or endorse any user-posted meetings or events referenced on the Sites and Mapcandy recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.

  1. No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

  1.  Indemnification

You agree to defend, indemnify and hold harmless MapCandy, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Sites. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

  1. Severability

Any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  1.  Termination

Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, MapCandy reserves the right, without notice and in its sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.

  1.  Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service. It is your responsibility to check our website periodically for these changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  1.  Acceptance of Terms

MapCandy and its services are only available to adults age 18 and over in the United States.  Continued use of this site constitutes your agreement to these terms and they me amended from time to time without notice.

  1.  Website Content

MapCandy reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that MapCandy will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

  1.  Intellectual Property Rights

Unless otherwise indicated on our Sites, the Sites and all content and materials including but not limited to the MapCandy logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of MapCandy or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of the Sites or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained, except as expressly permitted on the Sites or pursuant to separate terms; (g) reverse engineering or otherwise copying the formulas, contracts or business ideas related to or generated from the Sites; or (h) any use of the Sites or the Site Content other than for its intended purpose. Any other use of the Sites or the Site Content, without the prior written permission of MapCandy, is strictly prohibited and will terminate the license granted by MapCandy. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in writing by MapCandy, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

  1.  Governing Law

These Terms and your use of the Sites will be governed by and construed in accordance with the laws of the State of Utah, applicable to agreements made and to be entirely performed within the State of Utah, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Salt Lake County, Utah and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

  1. Agreement to Conduct Transactions Electronically; Recording; Copies

You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.

  1. Payment

Only valid credit cards or other payment method acceptable to us may be used for subscription payments.  Payments for proposals shall be addressed in the proposal document. By submitting your credit card for subscription payments, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your subscription may be suspended or cancelled automatically. Regarding “Your Account,” you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

  1.  Pricing and Availability

All prices are shown in U.S. dollar.  We reserve the right to adjust prices as necessary, at any time and without notice.