LUCKY PUP ADVENTURES, LLC
D/B/A MEMORY FLAME CANDLE COMPANY
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.
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.
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.
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.
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.
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.
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.