WEBSITE TERMS OF USE

Welcome to our Website and thank you for visiting. Should you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which in combination with our privacy policy govern RacqStar Candy® Jewelry’s relationship with you in regards to this Website. If you disagree with any part of these terms and conditions or the privacy policy, please refrain from using this Website.

This website (the "Website") is operated by RacqStar Candy® (referred to herein as "RacqStar Candy", "we," "us" and "our").  Your use of the Website is subject to the following terms and conditions.

1. AGREEMENT TO TERMS OF USE.    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY, WHICH CAN BE VIEWED BY CLICKING ON THIS LINK.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR OUR PRIVACY POLICY, DO NOT USE THIS WEBSITE.  By using this Website and accessing the content contained herein, you acknowledge that these Terms of Use are supported by valuable consideration, the sufficiency and receipt of which are hereby acknowledged.     

2. SALES. Children under the age of 14 may not purchase products through this Website.  By placing an order for purchase through this Website, you hereby acknowledge that you are at least 14 years of age.  State and local taxes, if applicable, will be added to your order.  Once we receive your order through this Website, we will send you an email order confirmation.  While we will make every effort to fulfill your order within the estimated time frame provided on the Website, we cannot guarantee the availability of the necessary materials and other resources at the time you place your order or on any future date.  Therefore, any order submitted through this Website shall be considered an offer of purchase, and our email order confirmation does not signify our acceptance of your order; it is simply meant to inform you of our receipt of your order.   In the event that we cannot supply the ordered product or must delay the shipment of your order beyond the estimated time frame, upon your request, we will cancel your order and refund your purchase price in full.  

a. Product Display.  While we make every effort to ensure that our products are accurately displayed on this Website, the colors, sizes, and other features of our products may display differently on your monitor.  We therefore cannot guarantee that the display of our products on your monitor will be accurate.  If you would like additional information or descriptions of our products prior to purchase, please feel free to contact us.

b Shipping and Delivery.   We accept orders from billing addresses within the United States and will not ship products purchased through this Website to an address outside of the United States.  Prior to your purchase, we will provide information regarding the shipment of your order.  Once the order leaves our facilities, however, the actual delivery of your order can be impacted by many events beyond our control. Therefore, we cannot be held liable for any loss, damage, destruction, theft or late deliveries resulting from the shipper's handling of your order.

c.  Returns. No refunds. Products are accepted for exchange only if returned in the original saleable, unworn condition within seven (7) days of purchase, accompanied by the original sales invoice, attached price/brand tag, and RacqStar Candy® signature satin bag to: RacqStar Candy Jewelry, 2221 Peachtree Road, NE, Suite D218, Atlanta, GA 30309.

3. NOTICE.  THE GOODS AND PRODUCTS AVAILABLE FOR PURCHASE ON THIS WEBSITE ARE NOT INTENDED FOR CHILDREN UNDER THE AGE OF 14, AND MAY CONTAIN MATERIALS OR COMPONENTS WHICH PRESENT HAZARDS TO YOUNG CHILDREN, INCLUDING WITHOUT LIMITATION CHOKING HAZARDS, WHICH MAY CAUSE SERIOUS PERSONAL INJURY OR EVEN DEATH.   

4. DISCLAIMER OF WARRANTIES.  ALL CONTENT, PRODUCTS, GOODS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RACQSTAR CANDY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NON-INFRINGEMENT.  WE DO NOT WARRANT THAT THIS WEBSITE, THE CONTENT CONTAINED IN THIS WEBSITE OR ANY LINKS TO THIS WEBSITE: (A) ARE ACCURATE, CORRECT, RELIABLE OR FREE FROM ERROR; (B) WILL BE AVAILABLE AT ANY PARTICULAR DATE, TIME OR LOCATION; (C) ARE FREE OF DEFECTS, DELAYS, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL BE UPDATED OR CORRECTED ON A REGULAR BASIS OR AT ALL. 

5. LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCE SHALL RACQSTAR CANDY, ITS AFFILIATES, SUPPLIERS, VENDORS, DISTRIBUTORS, RETAILERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, OR ANY OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING OUT TORT, NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, STRICT LIABILITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER THEORY OR CAUSE OF ACTION AT LAW OR IN EQUITY.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES LOSSES OR INJURIES SUFFERED BY YOU EXCEED THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH A PURCHASE FROM THIS WEBSITE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT WE ARE NOT LIABLE TO YOU FOR ANY DAMAGES SUFFERED BY YOU OR BY ANY THIRD PARTY AS A RESULT OF: (A) ANY DEFECT, DELAY, DELETION, ERROR, DELETION, DESTRUCTION, OMISSION, LOSS, INTERRUPTION OR FAILURE TO PERFORM IN CONNECTION WITH YOUR USE OF THIS WEBSITE; (B) ANY  THEFT, IDENTITY THEFT, MISAPPROPRIATION OR CONVERSION IN CONNECTION WITH YOUR USE OF THIS WEBSITE; (C) ANY DEFAMATORY, SLANDEROUS,  LIBELOUS, OFFENSIVE OR UNTRUE STATEMENT MADE OR POSTED ON THIS WEBSITE OR ANY LINK TO THIS WEBSITE; (D) ANY ADVICE, OPINION, STATEMENT OR REPRESENTATION MADE OR POSTED BY A THIRD PARTY ON THIS WEBSITE OR ANY LINK TO THIS WEBSITE; OR (E) ANY DEFECT, FAILURE, ERROR OR FAILURE WITH ANY PRODUCT, OR ANY COMPONENT THEREOF, PURCHASED ON THIS WEBSITE.

6. INDEMNIFICATION.  By using this Website, you agree to save, hold harmless, defend and indemnify RacqStar Candy®, its affiliates, suppliers, vendors, distributors, retailers, licensors, licensees, service providers, and any of their owners, officers, directors, employees or agents from and against any and all liability, damage, loss, injury, costs, attorneys' fees or expenses resulting from any claims, demands, actions, causes of action, suits or complaints that may be brought by any person, firm, corporation, or other entity which arises out of or which results from: (a) your use of this website or its contents; (b) your activities in connection with your use of this Website or its contents; (c) your violation of any of the terms of use of this Website; or (d) your violation of any federal or state law in connection with your use of this Website.

7. INTELLECTUAL PROPERTY. 

a. Trademarks.  Unless otherwise noted, "RacqStar," "RacqStar Candy," and the other marks, trademarks, service marks, trade names, logos and graphics (collectively, the "Trademarks") used and displayed on this Website are our registered and unregistered Trademarks.  Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks displayed on this Website.  Our Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or the public, or in any manner that disparages or discredits us.  Any use of these Trademarks without our prior express written consent is prohibited.

b. Copyright.  This Website and the content contained herein, including but not limited to all text, photographs, graphics and images, as well as the collection, arrangement and assembly of any content, are owned by us and protected under United States and international copyright laws.  All rights are reserved.   Except as is expressly stated herein, or except as is otherwise expressly agreed to by us in writing, you may not copy, download, reproduce, reverse engineer, distribute, publish or exploit for commercial purposes this Website or its content.  We do grant you a limited and revocable license to access, copy and download one (1) copy of this Website and its content for your personal, noncommercial use, provided that: (i) you do not modify this Website or any of its content; (ii) you retain intact all copyright or other proprietary notices; (iii) you do not use this Website or its content in a manner which suggests an affiliation with us; and (iv) you do not use this Website in violation of any applicable law.  By exercising this limited license, you hereby acknowledge and agree that you obtain no ownership rights, or any other interests or rights, in this Website and its content, and that this limited license may be revoked by us at any time for any reason or no reason and in our sole discretion. We will enforce and prosecute our intellectual property rights in this Website and the contents contained herein to the fullest extent of the law.  RacqStar Candy® reserves the right to refuse services or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests.

8. PRIVACY POLICY.  We have a privacy policy which governs the use of this Website.  You can view this privacy policy by clicking on this link.  The terms of this privacy policy are incorporated into these Terms of Use as though fully set forth herein, and we reserve the right to modify or otherwise update the privacy policy at any time and you agree to be bound by such modifications, updates and revisions.

9. GOVERNING LAW AND JURISDICTION.  Your use of this Website and its contents, and these Terms of Use, shall be governed by the laws of the State of Georgia, without regard to its principles pertaining to the choice or conflict of laws.  The State Court of Gwinnett County, State of Georgia, shall have exclusive jurisdiction over any and all disputes arising out of or related to your use of this Website, its contents and these Terms of Use.  By using this Website, you agree and submit yourself to the exclusive jurisdiction and venue of the State Court of Gwinnett County, State of Georgia, and waive all challenges to the jurisdiction and venue of the State Court of Gwinnett County, State of Georgia.  This Website is intended for viewing and use in the United States.  If you view this Website internationally, you are responsible for compliance with applicable local laws.  RacqStar Candy® does not intend to provide our products or services outside the United States.

10. MODIFICATION. These Terms of Use are effective from September 1, 2012.  We reserve the right to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, updates and revisions.  We may change the Website or delete content or features of this Website at any time, in any way, for any reason or no reason and in our sole discretion.  You should check this Website from time to time to ensure you are aware of any changes. 

11. MISCELLANEOUS.  These Terms of Use, as may be modified by us from time to time pursuant to paragraph 10 above, constitute the entire agreement between you and us, and any other representations, warranties, agreements, arrangements or understanding are void and of no effect.   If any of provision of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision shall be deemed severable from these Terms of Use and shall not affect the validity or enforceability of the remaining provisions of these Terms of Use.  Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms of Use, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms of Use.  The paragraph headings contained in these Terms of Use are inserted for convenience only and shall not affect in any way the meaning or interpretation of these Terms of Use. 

12. CONTACT US.  You may contact us regarding this Website or these Terms of Use by any of the following methods: 

a. By mail:

RacqStar Candy® Jewelry

2221 Peachtree Road, NE, Suite D218

Atlanta, GA 30309

b. By email:  info@racqstarcandy.com

c. By telephone:  877.730.2150