LUCKY PUP ADVENTURES, LLC
D/B/A MEMORY FLAME CANDLE COMPANY
TERMS OF USE AS OF FEBRUARY 10TH, 2021
Lucky Pup Adventures, LLC d/b/a Memory Flame Candle Company (referred to as “us” or “we”) provides the website memoryflame.co and any online pages and various related services (together referred to as “Sites”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on our Sites, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition
to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY ACCEPTING AN INVITATION TO THE FACEBOOK PAGE AND/OR USING THIS SITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITES NOW. YOUR REMEDY FOR DISSATISFACTION WITH OUR SITES, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR
THROUGH OUR SITES, IS TO STOP USING THE SITES AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF
USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF ANY OF OUR SITES.
In addition to the above, by using the Site, you agree to the following specifically enumerated Terms of Use:
1. Should you decide to purchase goods or services, including any membership or using the features in our Sites, you will have the option to set up an account with us. Setting up an account allows for expediting future purchases and any recurring or automated payments. Submission of required checkout and contact information is mandatory, and will be required, to set up an account with us. The application will require including some, or not all, but not limited to, your full name, physical mailing address, email address, a username, which will be the e-mail address you wish to use to identify yourself, and password. When you purchase goods, services, or a membership subscription, you will be required to give the numbers for the credit card, or debit card, hereinafter “card”, you want to use. You are responsible for purchases on your account. Consequently, be careful with whom you share your username and password. Your card will be charged at the time your order is placed and, in the event of a cancellation of any portion of an order, a refund will not be made all goods or services have been identified by our team. In the event of the cancellation of an entire order, we will utilize our sole discretion in determining when refunded monies will be made available to you. We will attempt to issue all refunds within sixty (60) days of receiving an order cancellation.
2. Use of our Sites is subject to the following: (1) Privacy Policy, (2) Automated Billing Policy, (3) and Intellectual Property Policy (collectively “Policies”). When you use our Sites, you accept these Policies. When you use this Site, you accept the all Policies of our Sites at the time. All Policies are subject to change, so you should review them each time before you place an order, or periodically if you have purchased a subscription with an automated payment.
3. Except as otherwise provided in the Intellectual Property Policy, none of the information you submit to us will be distributed to any person or entity, other than (a) using your card information to process the purchase through your card company, (b) using your name and physical address to make arrangements to have the product physically delivered to you, and (c) in accordance with information collected by Facebook pursuant to their “Facebook Terms and Policies”. We are not responsible for how Facebook uses or shares your information. Once you set up an account, we will use the email address you provide to send you promotional emails from time to time, but the promotional emails will have a link that will terminate further promotional emails, should you decide you do not want promotional emails. Although we use reasonable efforts to ensure the safety of information submitted on our Sites, we cannot guarantee information will not be stolen or otherwise misappropriated by third parties in violation of our Policies or state and federal law. You hereby acknowledge the inherent risk in submitting any information on the Internet to any site, including our Sites, and you agree to assume that risk absent willful or wanton misconduct on our part.
4. Our Sites may contain links to other websites. Since none of those other websites are under our control, we make no representation as to the accuracy of the information on those other websites and we do not endorse such websites. If you use links on our Sites to go to any of these other websites, you will most likely be bound by those websites’ terms of use. Consequently, you should read those websites’ terms of use and policies before using them.
5. Lucky Pup Adventures, LLC makes no warranties regarding any of the goods and services offered on our Sites, and it DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ITS INTENDED PURPOSE. You must rely on the express warranty of the manufacturer for any goods sold through our Sites. Consequently, you should visit the website of the manufacturer of each product listed for sale on this Site, and determine what express warranty you will be getting from the manufacturer and whether the manufacturer disclaims any implied warranty of merchantability or fitness for intended purpose.
6. Our Sites contain a number of resources including tips, educational videos, Q&As, manuals, educational tools, and other documents containing advice and know-how gathered by us over the course of many years (“Resources”). We do not make any representations or warranties with respect to any provided Resources, nor does we extend any offer of a representation or warranty, of any kind, related to the results you will achieve through their use. Lucky Pup Adventures, LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU OR OTHERWISE WITH RESPECT TO THE RESOURCES. We are not now, nor will we ever be, liable for any personal or property injury, damage and/or liability, whether in the form of direct, indirect, consequential, special, exemplary or other damages, arising out of your use of or reliance upon the Resources, or the acts or omissions related to the Resources. If you disagree with any portion of this Paragraph of our Terms of Use DO NOT, UNDER ANY CIRCUMSTANCE, UTILIZE ANY OF THE AFOREMENTIONED RESOURCES FOR ANY PURPOSE WHATSOEVER.
7. Our Sites may be discontinued by us at any time. Should that occur, any orders already placed through our Sites will be fulfilled by us if feasible, or the money paid will be returned to the card used to make the purchase, if we determine in our sole discretion that provision of the good or service is not feasible.
8. Any goods or services offered for sale on our Sites can be changed, at any time, based upon availability. If we do not have any goods you ordered in inventory, you will be notified of that by email, and asked to reorder at a later date.
9. We reserve the right to modify this Terms of Use at any time. If that should occur, you will have an opportunity to review the Terms of Use every time that you use our Sites or place an order. You may not receive an email announcing each and every change. When changed, the date on the heading of this Terms of Use will be modified to the date of the adoption of the new “Terms of Use”.
10. The price for goods and services offered for sale through our Sites will change from time to time. If you purchase goods or services through any of our Sites, you will be charged the updated price shown on the Sites at the time of the purchase. In the event that a good or service is erroneously listed at an incorrect price or with incorrect information, we reserve the right, at our sole discretion, to refuse or cancel any orders.
11. This Terms of Use and the incorporated Policies is the only agreement regarding our Sites and the goods and services sold on our Sites. No oral representations have been made to you by any employee, or agent of ours inconsistent with this Terms of Use, and, if they were, this Terms of Use replaces and supersedes those oral representations.
12. If a legal dispute arises between you and us regarding any of our Sites or your use of them, the dispute will be decided by private arbitration held in Sioux Falls, South Dakota. This arbitration will be presided over by a South Dakota attorney mutually agreed to between you and us. The arbitrator will utilize and apply South Dakota law (substantive, procedural and evidentiary). Initially you and us will each pay ½ of the fees of the arbitrator, but upon the conclusion of the matter, the arbitrator will award the prevailing party of the arbitration the arbitration fees initially paid by the prevailing party. Either party to this arbitration may appear by video-conference, or by phone in order to assure the timely and cost effective disposition of any dispute arising through the use of this website.
13. This Terms of Use shall be construed and governed by the laws of the State of South Dakota, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts for the State of South Dakota, County of Minnehaha, and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens. If you are an “Explorer” website member in a member country of the European Economic Area (EEA) or European Union (EU)), this Terms of Use and the relationship between you and us shall be governed by the laws of the EU/EEA member state in which you are domiciled.
14. If any provision of this Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.
15. If Memory Flame Candle Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if Memory Flame Candle Company fails to exercise any of the rights or remedies to which it is entitled under this Terms of Use, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by Memory Flame Candle Company of any default will constitute a waiver of any subsequent default, and no waiver by Memory Flame Candle Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.