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  1. OVERVIEW

  2. ELIGIBLE USERS

  3. ACCEPTANCE OF TERMS OF SERVICE

  4. CHANGES TO TERMS OF SERVICE

  5. ACCOUNTS, PASSWORDS AND CONFIDENTIALITY

  6. PRIVACY

  7. ELECTRONIC COMMUNICATIONS AND RECORDS

  8. SECURITY

  9. PURCHASE TERMS AND CONDITIONS

  10. PROHIBITED USES OF THE SITE AND SERVICE

  11. CONTENT AND OWNERSHIP

  12. LIMITATIONS AND RESTRICTIONS

  13. THIRD-PARTY LINKS

  14. OPTIONAL TOOLS

  15. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

  16. ERRORS, INACCURACIES AND OMISSIONS

  17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  18. INDEMNIFICATION

  19. TERMINATION OF ACCESS AND USE OF SERVICE

  20. ENTIRE AGREEMENT

  21. WAIVER

  22. SEVERABILITY

  23. GOVERNING LAW; DISPUTE RESOLUTION

  24. HEADINGS

  25. COPYRIGHT COMPLAINTS – “DMCA” NOTICE AND TAKEDOWN PROCEDURE

  26. CONTACT INFORMATION

 

OVERVIEW

This site is an online retail store service owned and operated by American Licorice Company.  The service is offered to eligible users from the general public (not dealers, resellers or distributors).  The site is hosted by Shopify Inc., an independent company that provides the e-commerce platform to host the site and service.  All business transactions through the site are between the eligible user and American Licorice Company.

 


ELIGIBLE USERS

You must be at least 18 years of age or the age of majority in your current place of residence to use this site and service.  If you do not meet this minimum age requirement, you may not access and use this site or service without the direct involvement of a parent or legal guardian who meets this minimum age requirement and the parent or legal guardian must agree to these Terms of Service and to use the site and service using the Personal Information of the parent or legal guardian only.

 


ACCEPTANCE OF TERMS OF SERVICE

Please read these Terms of Service carefully before visiting, browsing or otherwise using this site and service. By accessing this site or using this service, you agree to be bound by these Terms of Service, which includes our Privacy Policy (http://www.americanlicorice.com/privacy-policy), and all other terms, conditions and policies incorporated by reference in these Terms of Service or as posted on the site (“Terms of Service”).  If you do not agree to these Terms of Service, do not access the site and do not use the service.  

 


CHANGES TO TERMS OF SERVICE

American Licorice Company reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Service and Privacy Policy by posting updates and changes to the site.  Any changes will be effective immediately; however, for existing registered users, such changes will be effective thirty (30) days after posting, unless otherwise stated.

You can review the most current version of the Terms of Service at any time and it is your responsibility to check back and review these Terms of Service before use of the site and service.  Your continued access of the site and service constitutes acceptance of all changes. If you do not agree to these Terms of Service at any time, then do not access the site and do not use the service.

 


ACCOUNTS, PASSWORDS AND CONFIDENTIALITY

Certain features or services offered on the site require you to provide information to register and open an account, initiate a purchase transaction or participate in an offer or promotion.  You may need to provide your full legal name, current address, phone number, a valid email address, a password, and other requested information).  You agree to provide and maintain current, complete and accurate information. You are responsible for maintaining the confidentiality and security of the information you hold and possess for the site, including your user name, password, account information and other Personal Information that submit to the site.

 


PRIVACY

The submission of Personal Information is subject to the American Licorice Company Privacy Policy posted at http://www.americanlicorice.com/privacy-policy, which is hereby incorporated by this reference.  Please review the Privacy Policy to understand how we treat Personal Information submitted by eligible consumers of the site and service.

Shopify:  The site is hosted by Shopify Inc. The submission of Personal Information is also subject to Shopify’s Privacy Statement posted at https://www.shopify.com/legal/privacy, which is hereby incorporated by this reference.  User’s Personal Information and data is stored through Shopify’s data storage, databases and the general Shopify application.  If a user chooses a direct payment gateway to complete a purchase, then Shopify stores the encrypted credit card data.  Purchase transaction data is stored only as long as is necessary to complete the purchase transaction. After that is complete, the purchase transaction information is deleted.  Shopify uses cookies.   You can choose to opt-out of the use of cookies or not.  For more information, please refer to Shopify’s Privacy Statement at the reference set forth above.

 


ELECTRONIC COMMUNICATIONS AND RECORDS

By use of the service, eligible users consent to receiving electronic communications at the email address or phone number you provide American Licorice Company (and its affiliates) regarding the service, your use of the service, your account, your purchases, our products and services, and special offers and promotions from American Licorice Company.  You agree that any notices and records sent to you by electronic communication meet all legal requirements, including that notices and records be in a signed writing.  Please maintain a copy of all electronic communications for your records by saving the electronic communication or by printing and saving a copy.

 


SECURITY

To protect your Personal Information, American Licorice Company and Shopify take commercially reasonable precautions and follow industry best practices to make sure information and data are not inappropriately lost, misused, accessed, disclosed, altered or destroyed.  Data is stored on secure servers behind a firewall.  Credit card data is encrypted using secure socket layer technology (SSL) and stored using AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is completely secure, Shopify follows all PCI-DSS requirements and implement additional generally accepted industry standards.

Caution! You understand that electronic communications are never completely private or secure.  Your Personal Information and data may be transferred unencrypted (except credit card information) and may involve transmissions over various networks and device that are susceptible to interception and hacking and may be intercepted or read by others, even if there is notice that the electronic communication is encrypted (e.g., credit card information).  YOU AGREE THAT USE OF THE SITE AND SERVICE INDICATES YOUR ACCEPTANCE OF THESE RISKS.

 


PURCHASE TERMS AND CONDITIONS

You agree to abide by all additional terms and conditions that apply to purchases of goods or services, to specific portions of the site, or other offers and activities on the site, including contests and promotions, which terms and conditions are hereby incorporated by reference. In the event there is a conflict between these Terms of Service and the terms and conditions posted for or applicable to a specific portion of the site or service, the latter terms shall control with respect to your use of that portion of the site or the specific service.

All purchases of food items on the site are FINAL and non-returnable, even if the item is unopened.

Prices for our products and services are subject to change without notice.

All descriptions of products are subject to change at any time without notice, in our sole discretion.

American Licorice Company reserves the right at any time to modify or discontinue the offer and sale of any product or service (or any part or content thereof) without prior notice at any time.

We reserve the right to limit the quantities of any products or services that we offer on the site.

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.

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.

American Licorice Company reserves the right to refuse any order you place with us, in our sole discretion.

WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION, DISCONTINUANCE, LIMITATION, REFUSAL AND/OR CANCELLATION OF THE SALE OF ANY PRODUCT OR SERVICE.

ANY OFFER FOR ANY PRODUCT OR SERVICE MADE ON THIS SITE IS VOID WHERE PROHIBITED BY APPLICABLE LAW.

 


PROHIBITED USES OF THE SITE AND SERVICE

In addition to other prohibitions or restrictions on use of the site and service as set forth in these Terms of Service, you are prohibited from using the site 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 service or of any related site, other sites, 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 service or any related site, other sites, or the Internet. We reserve the right to terminate your use of the service or any related site for violating any of the prohibited uses, in addition to and without limitation or waiver of any and all other legal remedies that we may have against you for a violation of one or more of these prohibited uses of the site or service.

 


CONTENT AND OWNERSHIP

All content contained on the site (including but not limited to, text, graphics, photographs, names, trademarks, logos, artwork and computer code) are owned, controlled or licensed by or to American Licorice Company, and protected by copyright, trademark, trade secret laws, and other applicable intellectual property and unfair competition laws.  Except for the limited to access and use the site and service, no other right, license or transfer is granted to you to the content (in whole or in part) under these Terms of Service.

Except as expressly provided in these Terms of Service or by applicable law, no part of the site or any service may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including "mirroring" to any other computer, server, electronic site or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of American Licorice Company or its authorized agents

 


LIMITATIONS AND RESTRICTIONS

Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and food items are not subject to return or exchange except as we may decide in our sole discretion.

We have undertaken commercially reasonable efforts to display as accurately as possible the colors and images of our products that appear at the site.  We cannot guarantee that your computer monitor's display of color will be accurate.

We do not warrant or guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.


THIRD-PARTY LINKS

Certain content, products and services available via our service may include materials from third-parties.

Third-party links on this site may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third-parties.

We are 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 sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 


OPTIONAL TOOLS

The site may provide you access to third-party tools that we neither monitor nor have any control.

You acknowledge and agree that your access and use of any such tools are provided “AS IS” and “AS AVAILABLE” without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  YOU AGREE THAT WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO THE USE OF OPTIONAL THIRD-PARTY TOOLS ON THE SITE.

In the future, we may offer new or additional services and features through the site (including, the release of new tools and resources).  Such new or additional features and services shall also be subject to these Terms of Service.

 


USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Any comments, feedback, suggestions, proposals, ideas, plans, or other materials submitted to American Licorice Company by any means (collectively, “submissions”) shall be non-confidential.  You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions for commercial purposes and profit without any payment to you or anyone else. We are and shall be under no obligation to accept or maintain any submissions in confidence, to pay compensation for any submissions, or to respond to any submissions.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your submissions will not violate any right of any third-party, including copyright, trademark, privacy, rights of publicity, or other personal or proprietary right. You further agree that your submissions will 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 service or any related site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any submissions that you make and their accuracy.  

WE SHALL HAVE NO RESPONSIBILITY AND ACCEPT NO LIABILITY FOR ANY SUBMISSIONS MADE BY YOU OR ANY THIRD-PARTY.

 


ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or regarding our service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the site or in connection with the service (or on any related site), including without limitation, pricing information, except as required by law.  No specified update or refresh date applied to the site, service or any related site should be taken to indicate that all information concerning the site, service or on any related site has been modified or updated.

 


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE USE OF THE SITE OR 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 SITE AND SERVICE WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE AND SERVICE (IN WHOLE OR INPART) FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SITE AND SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU AND WITHOUT LIABILITY TO YOU OF ANY KIND.

YOU EXPRESSLY AGREE THAT THE USE OF, OR INABILITY TO USE, THE SITE AND SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICE AND ALL PRODUCTS AND SERVICES OFFERED AND 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 AMERICAN LICORICE COMPANY, 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 THE SITE, 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.

 


INDEMNIFICATION

By accessing and using the site or service, you agree to indemnify and hold harmless American Licorice Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the site, our service, your breach of these Terms of Service, or your violation of any law or the rights of a third-party.

 


TERMINATION OF ACCESS AND USE OF SERVICE

American Licorice Company grants each eligible user a limited, personal, non-exclusive, non-transferrable, revocable license to access the site and use the service for the purpose for which it is offered only and only for so long as the eligible user is in full compliance with these Terms of Service; provided, American Licorice Company reserves the right to refuse access and use of the service to anyone at any time with or without reason stated.  A breach or violation of any of these Terms of Service will result in an immediate suspension or termination of access to the site and use of the service.  

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our service, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may in our sole discretion suspend and/or terminate your access (in whole or in part) at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

 


ENTIRE AGREEMENT

These Terms of Service constitutes the entire agreement and understanding between you and American Licorice Company regarding the access and use of the site and service, and these Terms of Service supersede and cancel any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  

 


WAIVER

The failure of American Licorice Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless set forth in writing and signed by a duly authorized officer or agent of American Licorice Company.  No course of conduct between American Licorice Company and you or any other party shall be deemed to modify or supplement any provision of these Terms of Service.

 


SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 


GOVERNING LAW; DISPUTE RESOLUTION

These Terms of Service and any separate agreements whereby we provide you goods or services shall be governed by and construed in the English language in accordance with the laws of the State of California and the United States of America, without application of conflict of law provisions.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply and is hereby expressly excluded.

You agree to the personal jurisdiction by and venue in the state and federal courts in Alameda County, California (U.S.A.), and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you reside in the European Union. If you are a based in the European Union, you may make a claim in the courts of the country where you reside.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.  In the event of any controversy or dispute between American Licorice Company and you arising out of or in connection with your use of the site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 


HEADINGS

The headings used in these Terms of Service are included for convenience only and may not be used to interpret, limit or otherwise affect these Terms of Service.


COPYRIGHT COMPLAINTS – “DMCA” NOTICE AND TAKEDOWN PROCEDURE

If you believe that any content or material on the site infringes any copyright owned or controlled by you, please send written notice to our Designated Agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). Designated Agent for Receiving Notification of Claimed Infringement:

Service Provider: [site address]
Name of Agent: Mr. Clarence Walsh
Full Address of Designated Agent to Whom Notification Should be Sent:
Mr. Clarence Walsh
American Licorice Company
1900 Whirlpool Drive
La Porte, IN 46350
Email Address of Designated Agent: copyrights@amerlic.com

 

To be valid under the DMCA, your notice must be in writing and include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This information is neither intended nor should not be construed as legal advice. For further details on the information required for valid notifications under the DMCA, see 17 U.S.C. 512(c)(3). UNDER U.S. FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT OR MATERIAL IS INFRINGING YOUR COPYRIGHTS, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, ANY COPYRIGHT OWNER, OR ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. This information is provided exclusively for notifying American Licorice Company that content or material(s) on the site or transmitted via the site may be in violation of your copyright(s). American Licorice Company does not respond to other inquiries using this process. See Contact Information below for all such other inquiries.

INFRINGER POLICY:  In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of American Licorice Company to terminate (at its sole discretion and without prior notice) users  who are deemed or suspected by American Licorice Company to be repeat infringers.  American Licorice Company may also at its sole discretion limit access to the site and/or terminate access and use by any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

 


CONTACT INFORMATION

Questions about these Terms of Service and our Privacy Policy should be sent to us at consumerfeedback@amerlic.com or to:

American Licorice Company
1900 Whirlpool Drive South
La Porte, Indiana 46350 U.S.A.