Terms & Conditions
Welcome to the website for Savannah's Candy Kitchen: www.savannahcandy.com (the "site"). By accessing the site, you agree to be bound by the terms and conditions outlined below (the "terms"). The terms constitute a legal agreement between Savannah's Candy Kitchen (collectively "us" or "we") and you that governs your use of our products, services and site. If you do not agree to all of the terms, we ask you not to use the site. From time to time we may modify or revise these terms and update this page. Your use of our site following any such change constitutes your continued agreement to follow and be bound by the terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the site.
CHANGES TO THE SITE
We reserve the right to terminate, change or suspend any aspect of the site including, but not limited to, content, features and/or hours of availability. Savannah's Candy Kitchen may impose limits on certain features of the site or restrict your access to part or all of the site without notice or penalty.
For certain areas of our site, you may be asked to create a password-protected account. If one is created, you are solely responsible for the security of your password.
Certain of the names, logos, and other materials displayed on our site and in connection with our services constitute trademarks, tradenames, service marks or logos ("marks") owned or registered by us or by other third parties. You are not authorized to use or register any of such marks. Ownership of all such marks and the goodwill associated therewith remains with us or those other third parties.
COPYRIGHTS AND RESTRICTIONS ON USE
The content on our site ("our content"), including, without limitation, text, databases, software, code, music, sound, photos, and graphics, is copyrighted by us and/or our licensors under United States and international copyright laws. It is subject to other intellectual property and proprietary rights and laws and is owned by us or our licensors. It may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our content.
DISCLAIMER OF WARRANTIES
This site, its contents, functions and all information, products and services contained in or offered through this site are provided on an 'as is' and 'as available' basis without representations or warranties of any kind. Savannah's Candy Kitchen expressly disclaims all such representations and warranties, either express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose or noninfringement and any implied warranties arising from course of dealing or course of performance. Savannah's Candy Kitchen does not warrant that this site or its contents will be complete, accurate, timely, uninterrupted, secure or error free, or that defects will be corrected. All information on the site is subject to change without notice. Some jurisdictions do not allow the exclusion of certain warranties so some of the above exclusions may not apply to you.
You agree that we, in our sole discretion, may terminate your use of the site without prior notice if we believe that you have violated or acted inconsistently with the letter or spirit of these terms. Further, you agree that we shall not be liable to you or any third party for any termination of your access to our site.
THIRD PARTY LINKS
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. We will not be liable for any information, software, or links found at any other website, internet location, or source of information, or for your use of such information.
LIMITATION OF LIABILITY
You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your use of or inability to use the site or any other matter relating to the site.
EXCLUSION AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you.
You agree to defend, indemnify and hold us, our affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by a third party, relating to or arising from: (a) your access to or use of the site; (b) any violation by you of any of the provisions these terms; or (c) your violation of any rights of any other person or entity. This obligation shall survive the termination or expiration of these terms and/or your use of the site.
Any legal action, suit or proceeding arising out if or relating to this agreement, or your use of the site, shall be instituted exclusively in the state of Georgia. The terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the site, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. our failure to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that, except as otherwise expressly provided in these terms, there shall be no third-party beneficiaries to this agreement.