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Conditions of Use
Welcome to CottonCandyExpress.com! CottonCandyExpress.com and its affiliates
provide their services to you subject to the following conditions. If you
visit or shop at CottonCandyExpress.com, you accept these conditions. Please
read them carefully. In addition, when you use any current or future
CottonCandyExpress.com service or visit or purchase from any business affiliated
with CottonCandyExpress.com, whether or not included in the
CottonCandyExpress.com Web site, you also will be subject to the guidelines and
conditions applicable to such service or business.
PRIVACY
Please review our Privacy
Notice, which also governs your visit to CottonCandyExpress.com, to
understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit CottonCandyExpress.com or send e-mails to us, you are
communicating with us electronically. You consent to receive communications from
us electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the property of CottonCandyExpress.com or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content on this site is the exclusive property of CottonCandyExpress.com and
protected by U.S. and international copyright laws. All software used on this
site is the property of CottonCandyExpress.com or its software suppliers and
protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
CottonCandyExpress.com grants you a limited license to access and make
personal use of this site and not to download (other than page caching) or
modify it, or any portion of it, except with express written consent of
CottonCandyExpress.com. This license does not include any resale or commercial
use of this site or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of this site or its
contents; any downloading or copying of account information for the benefit of
another merchant; or any use of data mining, robots, or similar data gathering
and extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of
CottonCandyExpress.com. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including images,
text, page layout, or form) of CottonCandyExpress.com and our affiliates without
express written consent. You may not use any meta tags or any other "hidden
text" utilizing CottonCandyExpress.com's name or trademarks without the
express written consent of CottonCandyExpress.com. Any unauthorized use
terminates the permission or license granted by CottonCandyExpress.com. You are
granted a limited, revocable, and nonexclusive right to create a hyperlink to
the home page of CottonCandyExpress.com so long as the link does not portray
CottonCandyExpress.com, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
any CottonCandyExpress.com logo or other proprietary graphic or trademark as
part of the link without express written permission.
DISCLAIMER
Feel free to use our business information posted on our website as a starting
point to help guide you on how to open and operate a successful shaved ice or
snow cone business. Please note that we do not guarantee or warrant that
information stated on our website will apply directly to a business venture in
your area. Income and expense information on our website and business literature
are given only as examples. CottonCandyExpress.com or its parent company, Mary
Mack’s, Inc. does not guarantee the performance of any shaved ice or snow cone
business. This information should be used for general purposes only. We are not
and do not claim to be Certified Public Accountants, Lawyers/Attorneys, Licensed
Insurance Agents, Building Inspectors, Department of Health Officials or any
other federal, state or local government agency. Business regulations and
requirements vary greatly though out the country. We suggest before purchasing
any business equipment or supplies checking with your local Health
Department/Food Inspection Officials, Zoning Officials, Building Inspectors,
City, County, and State Officials in your area.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. CottonCandyExpress.com does sell products for children, but
it sells them to adults, who can purchase with a credit card. If you are under
18, you may use CottonCandyExpress.com only with involvement of a parent or
guardian. CottonCandyExpress.com and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their
sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and
other communications; and submit suggestions, ideas, comments, questions, or
other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam." You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. CottonCandyExpress.com reserves the right
(but not the obligation) to remove or edit such content, but does not regularly
review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant CottonCandyExpress.com and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant CottonCandyExpress.com and its affiliates and sub licensees the right to
use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury to any person
or entity; and that you will indemnify CottonCandyExpress.com or its affiliates
for all claims resulting from content you supply. CottonCandyExpress.com has the
right but not the obligation to monitor and edit or remove any activity or
content. CottonCandyExpress.com takes no responsibility and assumes no liability
for any content posted by you or any third party.
RISK OF LOSS
All items purchased from CottonCandyExpress.com are made pursuant to a
shipment contract. This means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
CottonCandyExpress.com and its affiliates attempt to be as accurate as
possible. However, CottonCandyExpress.com does not warrant that product
descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by CottonCandyExpress.com itself is
not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY COTTONCANDYEXPRESS.COM ON AN "AS IS" AND
"AS AVAILABLE" BASIS. COTTONCANDYEXPRESS.COM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE
OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COTTONCANDYEXPRESS.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COTTONCANDYEXPRESS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM COTTONCANDYEXPRESS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. COTTONCANDYEXPRESS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting CottonCandyExpress.com, you agree that the laws of the state of
North Carolina, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise between you
and CottonCandyExpress.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to CottonCandyExpress.com or to
products you purchase through CottonCandyExpress.com shall be submitted to
confidential arbitration in Newton Grove, North Carolina, except that, to the
extent you have in any manner violated or threatened to violate
CottonCandyExpress.com's intellectual property rights, CottonCandyExpress.com
may seek injunctive or other appropriate relief in any state or federal court in
the state of North Carolina, and you consent to exclusive jurisdiction and venue
in such courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving any
other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVER ABILITY
Please review our other policies. These policies also govern your visit to
CottonCandyExpress.com. We reserve the right to make changes to our site,
policies, and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed sever able and shall not affect the validity and enforceability
of any remaining condition.
OUR ADDRESS
CottonCandyExpress.com
PO Box 10
301 Raleigh Street
Newton Grove, NC 28366
www.CottonCandyExpress.com
1-800-871-1491
910-594-1691
Sales@CottonCandyExpress.com
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