Important Legal Information
Use of this Web Site constitutes your acceptance of the following
Thank you for visiting www.whalezcandles.com. This Web Site is owned and provided by Whalez Candles ("Whalez Candles, Whalez"). Please understand that all services provided by Whalez Candles through this Web Site, including the sale of any products, are provided subject to the following terms and conditions. BY USING THIS WEB SITE, WHETHER BY PURCHASING ANY PRODUCTS FROM OUR SITE OR BY DOWNLOADING ANY INFORMATION OR MATERIALS FROM THE SITE OR OTHERWISE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREE THAT YOU WILL BE BOUND BY AND SUBJECT TO THESE TERMS AND CONDITIONS. In the event of a violation of any of these terms and conditions, Whalez Candles reserves the right to deny future access to the Web Site and to seek all remedies available at law and in equity.
Trademarks, Copyright, etc.
This Web Site is owned and operated by Whalez Candles. The material included herein, including without limitation all content, text, graphics, artwork, photographs, site design, logos, icons, images, audio or video clips, code, scripts and software (collectively, the "Materials"), is the property of Whalez Candles and/or its content suppliers and is protected by the trademark, copyright and other intellectual property laws of the United States and other countries. The selection, arrangement and compilation of all of the foregoing in the manner depicted is also the property of Whalez Candles and is protected by said laws. ALL RIGHTS ARE EXPRESSLY RESERVED. No right, title or interest in and to the materials is conveyed or granted to you. You 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 Web Site without the prior written consent of Whalez Candles. Without in any way limiting the foregoing, you 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 Whalez Candles or its business.
Metatags, Hidden Text, Linking or Framing
Whalez Candles 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. Linking to this Web Site, or any page or portion thereof, without the prior written consent of Whalez Candles is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the Whalez Candles Web Site or its materials with any other site, advertisement, link or other information or materials not originating from this Web Site is expressly prohibited.
Subject to Change
Whalez Candles reserves the right to make changes or modifications to this Web Site or to any of the terms, conditions, disclaimers and policies referenced herein, and to add or remove any portion of the site, including any portion of these Terms and Conditions, at any time, in its sole discretion and without notice. All such changes shall be effective immediately upon posting. You should review these Terms and Conditions frequently, as your use of the Web Site following any changes to these Terms and Conditions shall constitute your acceptance of and agreement to be bound by the revised Terms and Conditions whether or not you have actually reviewed them. Whalez Candles may in its sole discretion terminate, suspend or discontinue any aspect of the Web Site, including the availability of any features or products, at any time and without notice or liability. Whalez Candles may also restrict your access to all or any portion of the Web Site without notice or liability.
Products and Prices
Without limiting the generality of the foregoing section (Subject to Change), the price and availability of any products contained or referenced on this Web Site is subject to change at any time and without notice. As noted elsewhere herein, Whalez Candles is not responsible for any typographical errors, which specifically includes those relating to the price or size of an item.
All prices displayed on this site apply only to the products and services available on the Web Site and may not necessarily reflect the prices of such products or services, or similar items, available through our retail stores, catalogs or otherwise. Prices are at all times subject to availability and nothing herein shall constitute an "offer to sell." We at all times reserve the right to limit the quantity of any item sold or to refuse a requested order altogether. Without limiting the generality of the foregoing, we specifically reserve the right to refuse to sell to any person or entity known or believed by us to be a reseller of our products. The receipt of an e-mail confirmation of your order is simply an acknowledgement that we have received your requested order and does not constitute an offer to sell.
This Web Site is created, controlled and maintained by Whalez Candles in Missouri. Accordingly, the laws of Missouri shall in all events govern any disputes relating to this Web Site, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. Whalez Candles makes no representations as to the compliance of the Web Site or its terms and conditions with any applicable law. If you choose to access the Web Site from outside of the United States, you do so at your own risk, and are responsible for compliance with all applicable laws. You may not use the Web Site in violation of U.S. export laws.
By using this Web Site, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the Commonwealth of Massachusetts and agree that it shall serve as the sole and exclusive venue for any disputes relating to this Web Site. Any claim or cause of action brought by you with respect to matters related to the Web Site, including these terms and conditions must be brought in a state or federal court located in the Commonwealth of Massachusetts and must be commenced no later than one year after the claim arises.
If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement between the parties as to matters relating to this Web Site and may only be modified by a writing signed by both parties.
Disclaimer of Warranties
THIS WEB SITE AND THE MATERIALS, CONTENT AND PRODUCTS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHALEZ CANDLES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED HEREIN, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY LAW ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OR ANY WARRANTY OR REPRESENTATION THAT THE OPERATIONS AND FUNCTIONS OF THIS SITE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.
Without limiting the generality of the foregoing, this Web Site and the materials contained herein may contain inaccuracies and typographical errors. Whalez Candles does not warrant the accuracy or the completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this Web Site. Any reliance on any of the foregoing shall be at your sole risk.
Disclaimer of Liability
IN NO EVENT SHALL WHALEZ CANDLES, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEB SITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF WHALEZ CANDLES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Forward Looking Statements
Some of the documents and information contained in (or directly accessible from) this Web Site may include so-called "forward-looking statements" under United States securities laws. Forward-looking statements include but are not limited to any statements concerning the Company's or management's plans, objectives, goals, strategies, expectations, estimates, beliefs or projections, or any other statements concerning future performance or events. Actual results could differ materially from those indicated by these forward-looking statements as a result of various risks and uncertainties, including but not limited to the following: the current economic conditions in the United States as a whole and the continuing weakness in the retail environment; the risk that we will be unable to maintain our historical growth rate; the effects of competition from others in the highly competitive giftware industry; our ability to anticipate and react to industry trends and changes in consumer demand; our dependence upon our senior executive officers; the risk of loss of our manufacturing and distribution facilities; the impact on our stock price of seasonal, quarterly and other fluctuations in our business; and other factors described or contained in the Company's most recent Quarterly Report on Form 10-Q or Annual Report on Form 10-K on file with the Securities and Exchange Commission (copies of which are available elsewhere on this Web Site). Any forward-looking statements represent our views only as of the date made and should not be relied upon as representing our views as of any subsequent date. While we may elect to update certain forward-looking statements at some point in the future, we specifically disclaim any obligation to do so even if experience or future events may cause the views contained in any forward-looking statements to change.
Resale of Merchandise
Whalez Candles is a private label brand. To protect its intellectual property rights, suspected resale of our merchandise for personal or business profit is strictly prohibited. Any orders found to have characteristics of reselling will be cancelled. Whalez Candles does not ship to known freight forwarders, and orders to such will be canceled. We reserve the right to cancel all subsequent orders from such customers.