Terms and Conditions

TERMS OF USE AGREEMENT

 This Terms of Use Agreement (the "Agreement") is between Britten & Bailey's, LLC ("B&B"), an Oklahoma limited liability company, and you ("you"), the person using B&B's website, including all related webpages and its online store (the "Website"). This Agreement governs your access and use of the Website. Please read this Agreement carefully before accessing or using any of the Website. By accessing or using any part of the Website, you agree to be bound by this Agreement. If you do not agree to this Agreement, you must not access any of the Website.

  1. Applicability. This Agreement applies to your use of the Website and its contents, and the purchase of any items from B&B through the online store, to the exclusion of all other agreements, including, but not limited to, any terms and Agreement that you purport to apply. No alteration or variation of this Agreement by you will be binding on the B&B unless confirmed in writing by an officer of B&B with the authority to modify this Agreement. 
  1. Modifications and Interruption to Service. B&B reserves the right to modify or discontinue the Website with or without notice to you. B&B will not be liable to you or any third party should B&B modify or discontinue any or all of the Website, including the online store. B&B does not guarantee continuous, uninterrupted, or secure access to the Website. The operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of B&B's control. You will not hold B&B liable for any failure of the Website or your access to the Website for any reason, even if such failure is caused by B&B's negligence.
  1. Use of Website.
  • In General
  • You may not use the Website or any products from the online store for any purpose that violates any applicable local, state, federal, or international laws, regulations, or other government requirements, including patent, copyright, and other intellectual property laws. You will not reproduce, duplicate, copy, sell, resell, or exploit any portion or use of the Website without the express written permission of B&B.
  • Transmission or Posting of Material
  • You will not use the Website to transmit or post any material that: (i) is harassing, abusive, obscene, immoral, or otherwise inappropriate; (ii) encourages the commission of a criminal offense; (iii) gives rise to any civil liability; or (iv) violates any applicable local, state, national, or international law or regulation.
  • Unauthorized Use
  • You will not use the Website for any unauthorized or destructive use, including, but not limited to: (i) transmitting worms, viruses, or any code of a destructive nature; (ii) collecting or tracking the personal information of others; (iii) spamming, phishing, pharming, scraping, or using any pretext, spider, or crawl; and (iv) interfering with or circumventing the security features of the Website, any other websites, or the Internet.
  1. Termination of Access To and Use of Website. B&B reserves the right, in its sole discretion, to terminate access to any or all of the Website, or any portion of the Website, at any time without notice. Your breach or violation of any of these Agreement may result in immediate termination of your access to the Website or any portion of the Website.
  1. Privacy Policy. Your submission of personal information through the Website and its online store is governed by our Privacy Policy (available here). The Privacy Policy forms part of this Agreement and is incorporated by reference as if set forth fully herein. You consent to the use and disclosure of your identifiable information and other practices described in our Privacy Policy.
  1. Online Store.
  1. Reservation of Rights. In accordance with applicable law, B&B reserves the right to: (i) refuse an order placed by any person for any reason at any time; (ii) limit the sale of our products, including any quantities of such products, to any person, shipping address, geographic region, or jurisdiction at any time; (iii) discontinue any product at any time; and (iv) change the descriptions of products or product pricing at any time without notice to you.  B&B may exercise any or all of these rights on a case-by-case basis and in its sole discretion. Any offer for any product or service made on the Website is void where prohibited.
  2. Number of Products. Products offered for sale may have limited quantities. B&B does not guarantee that sufficient quantities of any product will be available to fulfill your order.
  3. Description of Products. B&B strives to display as accurately as possible the colors and images of its products that appear at the online store and, in the case of candles, their respective scents. However, B&B does not guarantee that your computer monitor's display will show the color accurately or that its description of the scent (if applicable) will be accurate. Therefore, B&B does not guarantee that the color of the product purchased will exactly match the color of the product on the Website as viewed through your monitor or that a candle will smell as described or in the way you expected.
  4. Returns and Exchanges. Products may only be returned or exchanged in accordance with B&B's Return Policy (available here). The Return Policy forms part of this Agreement and is incorporated by reference as if set forth fully herein.
  5. Warranties. B&B does not warranty that any of its products will meet your expectations. B&B warrants only that its products will be free from material defects and workmanship for a period of 30 days following the date of purchase. If a product contains a material defect, your sole remedy is a return or exchange in accordance with the Return Policy. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTHER THAN THE WARRANTY DESCRIBED IN THIS SECTION, ALL PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED. B&B DISCLAIMS ALL WARRANTIES WITH REGARD TO IT PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WHETHER ARISING BY STATUTE, OTHER SOURCES OF LAW, COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE.
  6. Transmission of Information. You understand that your content (not including credit card information) may be transferred unencrypted and involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks
  7. Billing Info. You must provide current, complete, and accurate account, billing, and other information for all purchases made at our store. You must promptly update your account and other information, including your email address, credit card numbers, and expiration dates to ensure that B&B can complete your transactions and contact you as needed. If B&B cancels or makes a change to an order, it may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made
  8. Resellers. B&B's products are for purchase by consumers only. B&B reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors. In making this determination, B&B may look to any facts surrounding a purchase, including, but not limited to, 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.
  1. Comments. The Website contains ways for you to contact B&B, including by e-mail, telephone, and regular mail. Any contact you make with B&B, by whatever method, and any information or materials you submit to B&B, whether at B&B's request or on your own volition, including creative ideas, comments, feedback, reviews, suggestions, proposals, plans, or other materials (collectively, "Comments") are not subject to confidentiality protections except as stated in the Privacy Policy. Unless otherwise stated in the Privacy Policy, B&B may, at any time without restriction, edit, copy, publish, distribute, translate, or otherwise use in any form or medium any Comments you submit to B&B. B&B has no obligation: (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; or (iii) to respond to any Comments. B&B may, but has no obligation to, monitor, edit, or remove Contents that B&B determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any intellectual property rights or these Conditions. Your Comments must not violate any right of any third party, including copyrights, trademarks, privacy rights, personality rights, or other personal, proprietary, or intellectual property rights. Your Comments must not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead B&B or third-parties as to the origin of any Comments. You are solely responsible for any Comments you submit, including their content and accuracy. B&B is not responsible and assumes no liability for any Comments made by you or any third party. 
  1. Third-Party Website. The Website may include links to other websites on the Internet that are owned and operated by other third parties. Unless specifically stated on the Website to the contrary, B&B is not affiliated with these third parties and does not endorse or sponsor their website, products, or services. B&B is not responsible for the availability of, or the content located on or through, any third-party website, and is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such website. Your use of a third-party website is subject to the terms of use and privacy policies of that website, and B&B is not responsible such privacy policy. You acknowledge that you should review the privacy policies of third-party websites.
  1. Copyright and Trademark Information. All content included or available on the Website, including design, text, graphics, interfaces, and the selection and arrangements, is the property of B&B or is used with permission by B&B. Any use of content on the Website, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of B&B is strictly prohibited. You will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Website or the content contained therein without prior written permission of an authorized officer of B&B. B&B’s trademarks and service marks on the Website, whether registered or unregistered, may not be used in connection with any product or service that is not provided by B&B, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits B&B. All service marks and trademarks displayed on the Website of third parties are the service marks or trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties.
  1. Notification of Claimed Copyright Infringement. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, B&B designates the following individual as its agent for receipt of notifications of claimed copyright infringements

    By Email:            tiffany@brittenandbaileys.com
  1. Amendments to Agreement or Website. B&B reserves the right, at any time, to modify, alter, or update this Agreement or the Website without prior notice. It is your responsibility to check the Website periodically for any amendments to this Agreement or the Website. Modifications to this Agreement are effective immediately upon being posted on the Website. Any new features, tools, or content added to the current Website will be subject to the Agreement posted on the Website at that time. Your continued use of the Website after any amendments to the Website or this Agreement constitutes an acknowledgement and acceptance to the amended Website or this Agreement, as the case may be.
  1. Errors, Inaccuracies, and Omissions. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions. Sometimes these errors may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. B&B may, at any time and without prior notice to you, correct any errors, inaccuracies, or omissions, and cancel any orders that were based on incorrect information on the Website. B&B is not obligated to update, amend, or clarify information on the Website, including, but not limited to, pricing and product information, except as required by law.
  1. Disclaimer of Warranties. The Website is provided by B&B on an “as is” and on an “as available” basis. The information, content, and software included in or available through the Website may include inaccuracies or typographical errors. You agree that any access to, use of, and reliance upon the Website and its contents and information is at your own risk. B&B will have no liability for any interruptions in the use of the Website. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, INCLUDING ITS INFORMATION, SOFTWARE, GRAPHICS, AND OTHER CONTENT, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED. B&B DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEBSITE AND ITS INFORMATION, SOFTWARE, GRAPHICS, AND OTHER CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WHETHER ARISING BY STATUTE, OTHER SOURCES OF LAW, COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE.
  1. Limitation of Liability. B&B will not be liable for any loss or damage suffered by you or any other person as a result of your use or inability to use the Website, including its software and graphics. IF YOU ARE DISSATISFIED WITH ACCESS TO, THE USE OF, OR ANY CONTENT ON ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL B&B BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, GENERAL, CONSEQUENTIAL, OR COLLATERAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (a) THE PERFORMANCE OF THE WEBSITE; (b) A DELAY OF OR INABILITY TO USE THE WEBSITE; (c) ANY INFORMATION, SOFTWARE, GRAPHICS, OR OTHER CONTENT ON THE WEBSITE; (d) LINKS TO THIRD PARTY WEBSITE LISTED THE WEBSITE; OR (e) ANY OTHER ACCESS TO, USE OF, OR CONTENTS OF THE WEBSITE. THIS LIMITATION ON DAMAGES APPLIES REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, VIOLATION OF LAW, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 
  1. Indemnification. You shall indemnify and defend B&B and its respective directors, officers, employees, and agents (together, the "B&B Indemnitees") from and against any third-party claims, demands, suits, actions, or causes of action (collectively, a "Claim"), and any losses, damages, fines, and liabilities, including attorney fees and litigation expenses, resulting from such Claim, against an B&B Indemnitee arising from your (including any other users' use of the any of the Website, or any portion thereof, with your account): (a) breach, violation, non-compliance, or non-performance of this Agreement; (b) use or inability to use the Website; (c) negligence, willful misconduct, or any violation of applicable law; (d) violation of any rights of any third party (including, but not limited to, violation of privacy rights or infringement of any intellectual property right); and (e) Comments (whether made by you or a third party under your direction). If you breach your duty to defend and indemnify any B&B Indemnitee against such a third-party Claim, you shall reimburse that B&B Indemnitee for the reasonable attorney fees and litigation expenses incurred by that B&B Indemnitee in defending the Claim, and the reasonable attorney fees and litigation expenses incurred by that B&B Indemnitee in recouping the defense attorney fees and litigation expenses from you.
  1. Class Action Waiver. Any lawsuit arising from this Agreement or access to or use of the Website will take place on an individual basis. Class actions, lawsuits, arbitrations, or other proceedings are not permitted. YOU AND B&B AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN YOUR RESPECTIVE INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
  1. Governing Law and Jurisdiction. B&B is located in Oklahoma. By using the Website, you agree that any dispute you have with B&B regarding the Website will be subject to the governing law of Oklahoma, without regard to its conflict of law principles, and you consent to personal jurisdiction in the District Court of the State of Oklahoma, Oklahoma County. B&B makes no representation that the Website are appropriate, legal, or available for use in other jurisdictions.
  1. Shortened Statute of Limitations. Any claim against B&B related to the Website or for B&B's alleged breach of this Agreement must be brought within one (1) year from the date the cause of action arose.
  1. Headings. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement.
  1. No Partnership or Similar Relationship. No joint venture, partnership, employment, or agency relationship exists between you and B&B as a result of your access to or use of the Website.
  1. Waiver. B&B's waiver of any term, right, or condition of this Agreement may not be construed or deemed to be a waiver or continuing waiver of any such term, right, or condition on any subsequent occasion, or a waiver of any other term, right, or condition. 
  1. Merger or Acquisition. This Agreement and the Privacy Policy may be assigned by B&B, in its sole discretion, to a third party in the event of a merger or acquisition.
  2. Severability. If any provision of this Agreement is deemed to be invalid or prohibited under applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
  1. Voluntary Agreement. By using any of the Website, you represent that you have carefully read and understand all provisions, terms, and aspects of this Agreement, and have knowingly and voluntarily agreed to be bound by them.
  1. Integrated Agreement. This Agreement is the complete, final, and exclusive expression of the agreement of you and B&B with respect to your access to and use of the Website. You and B&B may not rely on any promise or representation, written or oral, other than those expressly contained in this Agreement, and this Agreement supersedes any other such promises, warranties, or representations.

 

Dated 7/2/2018