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TERMS OF USE

Last updated: October 5, 2022.

BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO THE HIGH CONFECTIONARY COMPANY, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE AMENDED FROM TIME TO TIME.

The High Confectionary Company (“The High Confectionary” “we” “us” or “our”) and its affiliates in the United States offers this website, available at https://www.thehighconfectionary.com, including all information, tools, goods, and services available from this site (the “Website”) to you, the user, subject to your acceptance of all of the following terms, conditions, policies, and notices stated herein.

In addition, when using particular parts of the Website such as shopping, forums, watching videos, or blogs, you agree to abide by any applicable posted guidelines for those services. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT AGREE TO PROVIDE SUBMISSIONS TO THE HIGH CONFECTIONARY COMPANY. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.

Any new features or tools that are added to the current store or Website shall also be subject to the Terms of Use. The High Confectionary may modify these Terms of Use any time without notice. It is your responsibility to check this page periodically for changes. If you do not agree with any of the updated Terms of Use, you must stop using the Website; your continued use constitutes acceptance.

  1. YOUR USE OF THE WEBSITE PRIVACY POLICY
  2. YOUR FEEDBACK TO US PURCHASES
  3. EXTERNAL WEBSITES & THIRD-PARTY LINKS PROHIBITED USES
  4. TERMINATION
  5. CAUTIONARY STATEMENT REGARDING INFORMATION
  6. DISCLAIMER OF WARRANTIES
  7. LIMITATION OF LIABILITY
  8. INDEMNIFICATION
  9. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER JURISDICTION
  10. SEVERABILITY AND WAIVER INTELLECTUAL PROPERTY CHANGES TO THESE TERMS OF USE
  11. COMMUNICATIONS AND CONSENT TO ELECTRONIC NOTICES CALIFORNIA CONSUMER NOTICE
  12. ACCESSIBILITY
  13. CONTACT US

YOUR USE OF THE WEBSITE

By using this Website, you represent, acknowledge, and agree that you are at least 21 years of age, or if you are under 21 years of age but are at least 18 years old, that you have a valid medical marijuana recommendation. If you are not at least 21 years old, or 18 with a medical recommendation, you may not use the Website at any time or in any manner or submit any information to The High Confectionary or the Website.

PRIVACY POLICY

Please review our Privacy Policy (the “Privacy Policy”) which explains how we use information that you submit to The High Confectionary.

Your submission of personal information through the store is governed by our Privacy Policy.

 

YOUR FEEDBACK TO US

Except for any personal information we may collect from you in accordance with our Privacy Policy, all remarks, suggestions, comments, questions, or ideas that you communicate to us through this Website, or by letter, email, telephone, or otherwise (collectively, “Feedback”) suggesting or recommending changes to the Website, any services offered through the Website or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary, and will become the property of The High Confectionary, even if this agreement has terminated. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and The High Confectionary is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

 

PURCHASES

You hereby authorize The High Confectionary to charge the full purchase price for any products purchased by you through the Website (“Products”) and the shipping and handling charges and taxes due as more fully set forth on the checkout page on the Website (“Checkout”) to the credit card, bank, PayPal, or other account you provide in your order of the Products at Checkout (your “Order”). You assume all responsibility for notifying The High Confectionary of changes in credit card numbers and/or expiration dates or in any change in status of the applicable bank, PayPal or other account, as the case may be. You shall additionally be responsible for and shall immediately pay The High Confectionary, on demand, any payments that are made to The High Confectionary that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of our billing department at contact@thehighconfectionary.com, within 30 days after The High Confectionary has charged the credit card, bank, PayPal, or other account you provided at Checkout. Charges beyond 30 days old are not subject to review, reversal or refund. YOU HEREBY REPRESENT AND WARRANT THAT (I) THE CREDIT CARD, DEBIT CARD OR BANK OR OTHER PAYMENT ACCOUNT INFORMATION SUPPLIED TO THE HIGH CONFECTIONARY IS TRUE, CORRECT AND COMPLETE, (II) AMOUNTS DUE FROM YOU WILL BE HONORED BY YOUR BANK OR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL YOUR PURCHASES ON THE SITE AT THE PRICES IN EFFECT ON THE WEBSITE AT THE TIME INCURRED. You remain solely responsible to pay for Product purchases following declination of your credit card, or otherwise. The High Confectionary’s prices do not include any foreign, federal, state or local sales, use or other similar taxes or duties or other fees (including any import or export fees), however designated, levied against the sale, delivery or use of the Products. You are solely responsible for and shall pay all such taxes, duties and fees, provided, however, that you shall not be liable for any taxes based on The High Confectionary’s net income. You hereby authorize The High Confectionary to charge such taxes due in addition to the amounts set forth above. All payments shall be made in U.S. dollars. Once an Order has been placed, you may not cancel an Order without The High Confectionary’s prior written approval.

All Products ordered by you shall be packed in accordance with The High Confectionary’s standard practices. The High Confectionary will not accept and cannot accommodate any special requests for custom containers, packing, crating, boxing or bundling. The High Confectionary will use commercially reasonable efforts to deliver Products by the delivery date set forth in The High Confectionary’s Order acknowledgement sent to the email address entered by you at Checkout.

 

Modifications to Prices

Prices of our Products are subject to change without notice.

 

Products

Certain Products may be available exclusively online through the Website. These Products (or services) may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at The High Confectionary’s sole discretion. We reserve the right to discontinue any Product at any time. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to The High Confectionary’s review and approval. If The High Confectionary chooses to accept an order, such acceptance will be deemed upon shipment. Any offer for any Product or service made on this Website is void where prohibited.

We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Products or services will be corrected.

 

Accuracy of Billing and Account Information

The High Confectionary reserves the right to refuse any order you place with us. 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 make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree 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.

 

EXTERNAL WEBSITES & THIRD-PARTY LINKS

The Website may contain links to other websites on the Internet that are owned and operated by third party vendors and other third parties (the “External Websites”). The High Confectionary provides links for your reference and convenience only. A link to an External Website does not imply or mean that The High Confectionary endorses the content or the operator of the External Website.

The High Confectionary has no control over, and assumes no responsibility for, the availability, content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that The High Confectionary shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such External Website.

We strongly advise you to read the terms and conditions and privacy policies of any third-party External Websites, and contact the website administrator or webmaster for the External Websites if you have any concerns.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit 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 Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

 

TERMINATION

We may terminate or suspend your Internet Protocol (“IP”) address from accessing the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.

Upon termination, your right to use the Website will cease immediately.

CAUTIONARY STATEMENT REGARDING INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

 

Securities and Investments

We are not providing investment advice through this Website, and the material on the Website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of The High Confectionary Company (the “Securities”). If you decide to use any material available on the Website in assessing whether to buy Securities, please be aware that the material on the Website reflects past performance and historical information only, and that such performance and information is not necessarily an indication of future performance.

 

DISCLAIMER OF WARRANTIES

THE HIGH CONFECTIONARY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE OR THE MATERIALS OR THE PRODUCTS. THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS ON IT, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HIGH CONFECTIONARY, FOR ITSELF AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE HIGH CONFECTIONARY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, THE SERVER THAT MAKES THE WEBSITE AVAILABLE, OR EMAILS SENT BY OR ON BEHALF OF US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE HIGH CONFECTIONARY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE WEBSITE OR THE MATERIALS IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO

YOU. IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HIGH CONFECTIONARY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS OF USE), EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE, OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN NO EVENT WILL THE HIGH CONFECTIONARY COMPANY’S TOTAL, AGGREGATE LIABILITY TO YOU EXCEED $100.00.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless THE HIGH CONFECTIONARY COMPANY, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to your use of the Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Website using your IP address.

 

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please read the following (this “Provision”) carefully. It affects your rights.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at contact@thehighconfectionary.com. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and the Company. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this Provision carefully. It provides that all Disputes between you and the Company shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms of Use constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, “the Company” means The High Confectionary Company and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and the Company regarding, arising out of or relating to any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as the Company’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

 

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give the Company an opportunity to resolve the Dispute. You must commence this process by e-mailing written notification to the Company at legal@thehighconfectionary.com, attention: Legal Department. That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusion from Arbitration/Right to Opt-Out

Notwithstanding the above, you or the Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU

FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by e-mailing written notification to the Company to legal@thehighconfectionary.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Company through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with the Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

 

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Company may initiate arbitration proceedings. Any controversy, claim, or dispute arising out of or relating to this Dispute or this agreement to arbitrate against or involving any officer, director, agent, employee, affiliate, successor, predecessor, or assign of a party to this Agreement shall be fully and finally adjudicated by binding arbitration to the fullest extent allowed by law (the “Arbitration”). Either party also may, without waiving any remedy under this agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the arbitrator’s determination of the merits of the controversy. JAMS, www.jamsadr.com, will arbitrate all Disputes and the Arbitration will be conducted before a single arbitrator. Unless all parties to the Arbitration agree, the Arbitrator shall be a lawyer on the JAMS roster admitted to practice for at least 20 years or a retired United States District Court Judge. The Arbitration shall be commenced as an individual Arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Governing Law. Because the Website and these Terms of Use concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. This Agreement and any Disputes arising or relating to the use of this website shall be governed by the law of the State of California, or to the extent (if any) that federal law prevails, by the law of the United States, irrespective of any conflict of law principles. California’s Statute of Limitations rules will apply.

Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. If the FAA or applicable law provides for the right of appeal, the Parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

Location of Arbitration. You or the Company may initiate arbitration in either Los Angeles, California or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs. The Company will pay all arbitration filing fees and JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Company as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

 

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and the Company specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by entering into these Terms of Use you and the Company are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and the Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

 

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

 

Continuation

This Provision shall survive the termination of these Terms of Use. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if the Company makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require the Company to adhere to the present language in this Provision if a dispute between us arises.

 

JURISDICTION

The High Confectionary controls and operates this Website from our principle place of business in Los Angeles, California. We in no way warrant or imply that the materials on the Website are appropriate for use outside of the United States. If you use the Website from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Website in violation of U.S. export laws and regulations. Any claim relating to the Website or your use of it shall be governed by the Federal Arbitration Act, the internal substantive laws of the State of California, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Website shall be in the state or federal courts located in Los Angeles County, California.

 

SEVERABILITY AND WAIVER

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, then such term shall be interpreted to reflect the intentions of the parties to the fullest extent permitted by law, and the remaining provisions of the agreement will remain in place. These Terms of Use, any product purchase terms and conditions of sale, and the legal notices and terms located on this Website are the entire agreement between you and The High Confectionary and supersede all prior or contemporaneous negotiations, discussions or agreements between you and The High Confectionary about this Website. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
 

Survival

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, dispute resolution and arbitration; class action waiver, and general provisions shall survive any termination of these Terms of Use.
 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Use shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

INTELLECTUAL PROPERTY

The High Confectionary provides content through the Website, and through its products and services that are copyrighted and/or trademarked work of The High Confectionary or its third-party licensors, affiliates, suppliers, or other users of the Website (collectively, the “Materials”). Materials may include logos, graphics, video, images, software, and other content.

Unless otherwise specified, the Website is provided for your personal and noncommercial use. Subject to the terms and conditions of these Terms of Use, and your compliance with these Terms of Use, The High Confectionary Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Website solely for your personal, noncommercial use. Except for the foregoing license, you have no other rights in the Website or any Materials. You may not modify, copy, edit, distribute, transmit, perform, reproduce, publish, license, create derivative works of, alter, enhance, reverse engineer, transfer, sell or in any way exploit the Materials, products, services or the Website. Any other use of materials on the Website, including but not limited to the modification, reproduction, distribution, republication, or transmission of the Website or any Materials, without the prior written permission of The High Confectionary Company, is prohibited.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The High Confectionary Company.
 

Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Website infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, you must submit your notice in writing to the attention of our copyright agent via e-mail to legal@thehighconfectionary.com and include in your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing Your copyright.

 

CHANGES TO THESE TERMS OF USE

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website.

 

COMMUNICATIONS AND CONSENT TO ELECTRONIC NOTICES

You may communicate with The High Confectionary via postal mail, telephone, and our Website. The High Confectionary may issue notices via various channels, including by sending email to an address you provide. You agree that such notices shall have legal effect.

You also agree that notices sent by email satisfy any requirement that notices be provided in writing. If you do not agree, do not use The High Confectionary Website, products, or services.

Your consent to receive electronic communications applies to this transaction and any future transaction which may arise out of this transaction. You may have the right to withdraw your consent to receive certain electronic communications, and when required by law, The High Confectionary will provide you with paper copies upon request at no charge. You may make such a request via any of the channels listed above. If you withdraw your consent, The High Confectionary reserves the right to terminate your use of The High Confectionary Website, products, or services. To receive, access, and retain the notices that The High Confectionary sends via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you can receive, access, and retain the notices that The High Confectionary may send. You may update your contact information via the “Contact Us” page on The High Confectionary Website.

 

CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and services are provided by The High Confectionary, with a principal place of business located at 251 Little Falls Dr., Wilmington, DE 19808. If you have purchased anything from the Website, a description of what you have purchased and relevant pricing information are posted as part of the ordering process for this Website (please consult your individual purchase confirmation e-mail for the charges you incurred). If you have a question or complaint regarding the Website, please contact us at contact@thehighconfectionary.com. You may also contact us by writing to the Company at 251 Little Falls Dr., Wilmington, DE 19808, attention: Customer Support. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297

or TDD (916) 322-1700.

 

ACCESSIBILITY

 

We strive to make this Website content accessible and user-friendly. Details can be found on our Accessibility Statement. If you are having difficulty viewing the content on this Website or navigating the Website, please contact us at contact@thehighconfectionary.com and we will be happy to assist you.

 

CONTACT US

If you have any questions about these Terms of Use, please contact us at: