Terms of Use
Last updated August 9, 2017.
Please read these Terms and Conditions ("terms", "Terms and Conditions") carefully. These Terms apply to all visitors, customers, and others (“users,” “you,” “your”) who access or use the Burn Down for What® website and e-commerce platform (the “website”). Use of the website is conditioned on your acceptance of and compliance with these terms. If you disagree with any part of the terms then you may not access the website or purchase goods through the website.
OVERVIEW
Thank you for visiting www.burndownforwhat.com. This website is owned and provided by Burn Down for What®, LLC ("Burn Down for What,” “we,” “us”). Please understand that all services provided through this Web Site, including the sale of any goods or services, are provided subject to the following terms and conditions.
The information on this site 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 site is at your own risk.
SERVICE AND PRICING MODIFICATIONS
Prices are subject to change without notice. Burn Down for What® reserves the right to modify or discontinue the website (or any part or content thereof) or the products contained therein (“products”) at any time without notice. User shall not hold Burn Down for What® liable for any modification, price change, suspension or discontinuance of the service.
PRODUCT AVAILABILITY AND TYPE
Certain products may be available exclusively online through the website. These products or services may be limited in quantity and are subject to return or exchange only according to our Return Policy. Product availability may change at any time at Burn Down for What’s® sole discretion.
SCREEN COLORS, VARIATIONS
We have made every effort to display as accurately as possible the colors and images of our products. Burn Down for What® cannot guarantee users’ computer monitor's display of any color will be accurate. Furthermore, due to the variations in hand poured wax candles, product colors may slightly vary.
PURCHASES
If you wish to purchase any product made available through the website ("purchase"), Users may be asked to supply certain personally identifiable information. This information will be gathered and held by Shopify, a third party service. Burn Down for What® does not collect or store this information. Users shall provide current, complete and accurate purchase and account information for all purchases. For details on returns, please review our Returns Policy.
ORDERS AND BILLING INFORMATION
Burn Down for What® will make best efforts to fill every order efficiently and completely. However, we reserve the right to refuse any order for any reason and in our sole discretion. Limitations or cancellations of orders and/ or promotions may apply. 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.
Intellectual Property INTELLECTUAL PROPERTY
This website is owned and operated by Burn Down for What®, LLC. The material included herein, including without limitation all content, text, graphics, artwork, photographs, site design, logos, icons, images, trademarks and service marks, audio or video clips, code, scripts and other intellectual property (collectively, the "materials"), is the property of Burn Down for What® and/or its content suppliers. All materials are protected by the trademark, copyright and other intellectual property laws of the United States and other countries. No right, title or interest in and to the materials is conveyed or granted to users. Users may not copy, reproduce, republish, transmit, disseminate, distribute, display, post, modify, create derivative works from, sell, license or otherwise use or exploit in any way whatsoever any materials or other content from this website without the prior written consent of Burn Down for What®. Without in any way limiting the foregoing, Users agree not to use the Web Site or any materials for any commercial or competitive purposes or for any other purposes which may be harmful or detrimental to Burn Down for What® or its business.
Burn Down for What® retains all rights to its trademarks, trade names, brand names, trade dress and other such intellectual property, including without limitation “Burn Down for What®” and the fragrance names of many of our products, all of which are registered and/or common law trademarks in the United States.
Burn Down for What’s® trademarks and intellectual property may not be used by any third party without express written permission, and, without limiting the foregoing, may not be used in connection with any product or service or in any manner that is likely to or may dilute the strength of the trademark, disparage or discredit Burn Down for What®.
Any other trademarks that appear on this site and are not owned by Burn Down for What® are the property of their respective owners.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING
Burn Down for What® expressly prohibits any use of our trademarks, trade names or brand names in metatags, keywords and/or hidden text. The use of our trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition.
COPPA COMPLIANCE
This website is not targeted toward or intended for use by anyone under the age of 18. By agreeing to these Terms of Service, you represent that you (a) are 18 years of age or older, (b) are a legal resident of the United States, and (c) have full power and authority to enter into these Terms. Users may not use the services or sign up for a membership if not at least 18 years of age. If Burn Down for What® discovers or suspects a user is under 18 years of age, we reserve the right to terminate user access to this website.
FRAUD PROTECTION
As part of our order processing procedures, we may screen orders for fraud or other types of unauthorized or illegal activity. Burn Down for What® reserves the right to refuse to process orders, cancel any accounts, or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. User shall hold Burn Down for What® harmless for the foregoing.
LINKS TO OTHER WEBSITES
The Burn Down for What® website may contain links to third-party web sites that are not owned or controlled by Burn Down for What®. By linking to third-party sites, Burn Down for What® does not endorse the goods or services provided. Burn Down for Wha®t has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Website users shall not hold Burn Down for What® responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such links.
USER GENERATED CONTENT
From time to time, Burn Down for What® may ask for user comments, feedback or reviews on its products. We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion is distasteful, unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Users shall not use a false e-mail address or identity, or otherwise mislead Burn Down for What® or other third-parties as to the origin of any comments made on the website. Users are solely responsible for any comments and their accuracy. We take no responsibility and assume no liability for any comments posted by users or any third-party.
CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify or replace these terms at any time.
DISCLAIMER
Users expressly agree that use of the product(s) is at their own risk. All products are delivered '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, and/ or durability. Due to the nature of candles, flames, wax, and fire, DO NOT LEAVE FLAMES UNATTENDED. Do not leave products in reach of children. Do not hold or touch the open flame. Do not put open flame near any flammable materials, OR LEAVE CANDLE CONTAINER ON FLAMMABLE SURFACES.
In no case shall User hold Burn Down for What®, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of the Product. 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 AND HOLD HARMLESS
You agree to indemnify, defend and hold harmless Burn Down for What® 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 breach of these Terms of Service, the Privacy Policy or other documents incorporated by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be enforced to the fullest extent permitted by law. Any unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
WAIVER
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
AMBIGUITIES
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW AND JURISDICTION
These Terms of Service, the Privacy Policy, and other documents referenced on the Website or incorporated herein by reference shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in the United States of America. Jurisdiction shall lie in Henrico County, Virginia.
COPYRIGHT INFRINGEMENT AND DMCA NOTICES
If you believe that material located on or linked to by Burn Down for What’s® website violates your copyright, please notify caroline@cjfoxlaw.com in accordance with the Digital Millennium Copyright Act ("DMCA").
CONTACT US
If you have any questions about these Terms, please contact us at orders@burndownforwhatcandles.com.