Terms Of Use

 TERMS OF USE

Effective Date: April 1, 2025

Welcome to TheCandleClub.com. The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation any Additional Terms (as defined below) (collectively, these “Terms of Use” or “Terms”), govern your access to and use of TheCandleClub.com (“Website”) and any related The Candle Club, LLC (“Company”, or “we”, or “us,” or “our”) websites and mobile applications, including without limitation any content, functionality, services, products, and subscriptions offered therein (collectively, the “Service(s)”). To the extent other sites may be linked and accessible from this Website, those sites’ own terms of use will control your use of that site.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICE AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND GOVERN HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED. THESE TERMS CONTAIN A CLASS ACTION WAIVER PROVISION THAT REQUIRES THE PARTIES TO RESOLVE ANY AND ALL DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES RELATING TO THE OPERATION OR USE OF THE SERVICE (SECTION 12). FURTHER, AS OUTLINED IN SECTION 12 OF THESE TERMS, YOU AGREE THAT ANY DISPUTE THAT CANNOT BE INFORMALLY RESOLVED BETWEEN US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THE TERMS REFERENCED IN THIS PARAGRAPH MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED IN YOUR JURISDICTION.

By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms, to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy Policy. You agree that the Terms of Use, combined with your act of using the Service, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. You also acknowledge that you have read, understood and agree with our data practices as described in our Privacy Policy.

Please note that our Products are currently only available in the United States and some parts of Canada. We do not market our Products to individuals outside of these jurisdictions.

1.                          ADDITIONAL TERMS

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.

2.                          ELIGIBILITY REQUIREMENTS

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us by sending us a message HERE.

You must be either 18 years of age or older, or otherwise have reached the applicable age of majority in your applicable legal jurisdiction (as applicable the “Age of Majority”) to purchase any content, product, or service offered by us through the Service or Website. If you are less than the Age of Majority and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. We do not otherwise knowingly collect Personal Information from anyone under the Age of Majority. By using the Website, you represent and warrant that you have reached the Age of Majority. If we become aware that a customer is under the Age of Majority and has registered or otherwise provided Personal Information, we will cancel the corresponding registration and delete such information from our records. California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see our Privacy Policy for more information. By using this Service, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Service.

3.                          OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.

 

a.                          Ownership. The Service and all of its content, including but not limited to images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Services (“Content”), including but not limited to all copyrights, patents, trademarks, service marks, trade names, trade dress, and any and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by us, our licensors, and certain other third parties. Any and all right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of the Company, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. We own the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

 

b.                         Your Rights to Use the Service and Content. Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Company Licensed Elements”):

i.                              Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;

ii.                           Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;

iii.                        Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;

iv.                        If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;

v.                           Download, install and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, we do not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be us and/or our third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without our prior written consent; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;

vi.                        If available, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;

vii.                     Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any of our names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with us or cause any other confusion, and (c) the links and the content on your website do not portray us or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking to the Service for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third-party; and

viii.                   Use any other functionality expressly provided by us on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User Generated Content (as defined below)) and any applicable Additional Terms.

 

c.                          Reservation of all Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ANY AND ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY US AND OUR LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Service for any purpose is prohibited.

 

d.                         Third-Party Services. The Services may contain links to third-party websites, services, content, apps, and advertisements for third parties (“Third-Party Services”). We are not responsible for third parties or their Third-Party Services. For instance, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign into our Services using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services. If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.

 

e.                          Internet Connection and Updates. You must have a high-speed Internet connection in order to access and use certain aspects of the Service. Use of the Service requires compatible devices, and certain software may require periodic updates, and your use of the Service may be affected by the performance of these elements.

4.                          SERVICE AND CONTENT USE RESTRICTIONS.

a.                          Service Use Restrictions. You agree that you will not: (i) use the Service for any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to us; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever (except to the extent the foregoing restriction is prohibited by applicable law) or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (iv) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, us, or other users of the Service; (v) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC (as defined below); (vi) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); or (viii) otherwise violate these Terms or any applicable Additional Terms.

 

b.                         Content Use Restrictions. You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content on the Service by using any AI, robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind for any purpose, including, without limitation, training a large language model or similar system; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the Company Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of the Company or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.

 

c.                          Availability of Service and Content. We, in our sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, and without advance notice or liability.

5.        USER GENERATED CONTENT.

a.                          User Generated Content. We may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Company Licensed Elements included therein, “User Generated Content” or “UGC”). You may submit User Generated Content through your profile, forums, blogs, message boards/comment sections, social networking environments, content creation and posting tools, social communities, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Generated Content. By submitting any User Generated Content, you grant us and our affiliated companies and licensees, and each of their officers, employees, agents, representatives and assigns, the irrevocable and unrestricted right, permission and license to (i) use, re-use, publish, republish, reproduce, edit, store, distribute, display, transmit, sell, resell, license, sublicense, and create derivative works based upon the User Generated Content, and (ii) use, re-use, publish, republish, reproduce, edit, store, distribute, display, transmit, sell, resell, license and sublicense your name, voice, image and/or likeness contained in the User Generated Content, the User Generated Content, any text material in connection therewith, and any derivative works based on the User Generated Content, for any purpose, including without limitation production, advertising, and publicity, which may be exploited in any and all media now or hereafter devised, to be determined at our discretion, throughout the world, in perpetuity.

 

b.                         Non-Confidentiality of Your User Generated Content. Except as otherwise described in the Service’s posted Privacy Policy, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, we do not assume any obligation of any kind to you or any third-party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk.

 

c.                          Unsolicited Ideas and Materials. In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, we retain all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Our receipt of your Unsolicited Ideas and Materials is not an admission by us of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.

 

d.                         License to Your User Generated Content. Except as otherwise described in any applicable Additional Terms which specifically govern the submission of your User Generated Content, or in our Privacy Policy, you hereby grant us, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in any and all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (i) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine it with other materials, and (ii) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including without limitation developing, producing, and marketing products and/or services. You understand that in exercising such rights, metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to us to your UGC, you also, as permitted by applicable law, hereby grant to us, and agree to grant to us, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

e.                          Our Exclusive Right to Manage Our Service. We may, but (except to the extent required by applicable law) will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and we may, in our sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement and protect Users from harmful UGC, or for other reasons in our discretion. Without limitation, we may, but (except to the extent required by applicable law) do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display as provided for in the Privacy Policy.

 

f.                            Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant us the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Company obligation to obtain consent of any third-party and without creating any obligation or liability of us; (b) the UGC is accurate; (c) the UGC does not and, as to our permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

 

g.                          Enforcement. We have no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint us as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

 

h.                         Community Guidelines. We may from time-to-time issue Community Guidelines (“Rules”) to govern the use of the Service’s online communities (“Communities”). At minimum, your participation in the Communities is subject to all of these Terms, including any applicable Rules. If you submit UGC that we reasonably believe violates these Terms of the Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Service.

 

i.                             Notice and takedown procedure. If you believe that any UGC or other Content which is distributed or published on the Service is inappropriate, defamatory, or otherwise in breach of these Terms, the Rules and any Additional Terms, please send a written notification here. (If your concerns relate to alleged intellectual property infringement, please see Section 6 below for how to notify us).

6.                          DIGITAL MILLENNIUM COPYRIGHT ACT.

a.                          General. In the event that a third party provides us with a notification of any alleged intellectual property infringement, we may, in our sole and absolute discretion, immediately remove such content, ban users from publishing on the site and cancel the user’s registration, the only liability for any of which will be our refund of any remaining, pro-rated balance of any subscription fee paid by a banned user. In addition, in the event of an alleged copyright infringement, we shall act expeditiously in accordance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512) and will take steps to have the allegedly infringing material removed or access to such material blocked.

 

b.                         Procedure for Submitting Notification of Alleged Copyright Infringement. It is our policy to respond to notices of alleged copyright infringement that comply with the DMCA. With respect to copyright infringement, the DMCA requires us to have a designated agent to receive notices of alleged copyright infringement. For any content that you believe infringes your copyright, please send a written notice of alleged copyright infringement to our designated agent at the following email address: DMCA@thecandleclub.com. [CG1] Your written notification of alleged copyright infringement should include all of the following information:

 

i.                              Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are to be covered by a single notification, a representative list of such works and accompanying URL(s) where such work can be found on the Service;

ii.                           Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on its servers;

iii.                        Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;

iv.                        A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law;

v.                           A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

vi.                        Your physical or electronic signature.

c.                          Procedure for Submitting Notification of Alleged Intellectual Property Infringement (other than copyright infringement).If you believe that any content posted using this Service infringes the intellectual property that you own or are licensed to enforce (other than your copyright), please send a written notification to the following email address: DMCA@thecandleclub.com. Include in the communication the following information:

i.                              Identification of the allegedly infringing material with particularity to permit us to locate the material on our server;

ii.                           Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;

iii.                        A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law; and

iv.                        A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

7.                          SERVICE FEATURES.

 

a.                          Accounts. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us using the request form (located HERE) of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

 

b.                         Wireless Features. [CG2] The Service may offer certain features and services via your wireless Device. Features and services may include the ability to access the Service’s features, upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. If the Service includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Service is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or App settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.

 

c.                          Availability of Products and Services; International Issues. We control and operate the Service from the U.S.A., and make no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

 

d.                         Text Messaging. If you provide your mobile phone number to us, we may ask for your consent to receive text message alerts from us containing product, event, or promotional information in a text or SMS message (“Text Messages”). Your consent to receive Text Messages is not required to purchase goods or services from us. The Text Message program allows users to receive SMS/MMS mobile messages by users affirmatively opting into the program, such as through online enrollment forms or by texting a keyword to 83400or any successor short code to opt into the program. Regardless of the opt-in method you utilized to join the program, you agree that these Terms apply to your participation in the program. By opting-in, you consent to receiving recurring mobile messages from multiple long codes or any successor short code used by Daily Wire. By participating in the program, you agree to receive autodialed marketing mobile messages. Without limiting the scope of the Text Messages program, users that opt into the program can expect to receive messages concerning Daily Wire and our goods and services.

Cost and Frequency: Message and data rates may apply. The Program involves mobile messages, and additional mobile messages may be sent based on your interaction with Daily Wire. Message frequency varies. Carriers are not liable for delayed or undelivered messages. Additional terms regarding Text Messages will apply—please review the applicable terms carefully when you provide your mobile phone number. If you consented to receiving promotions or advertising via Text Message, you can unsubscribe from receiving Text Messages at any time by replying “STOP” to one of our Text Messages or to 83400. For help, text HELP to 83400 or email contact us, using the request form located HERE.

 

8.                          CANDLE SUBSCRIPTIONS AND PRODUCT TERMS OF SALE.

 

a.                          General Information. We offer subscription ordering programs (“Candle Subscription”) for candles and related accessories (the “product(s)” or “Product(s)” ). Please see the product descriptions on our Website for the details of our Candle Subscriptions, including, but not limited to, the products available through the Candle Subscriptions, pricing, frequency of delivery options and estimated shipping times. Our Candle Subscriptions are subject to payments now or in the future which includes recurring, automatically renewing payment obligations (as further described in Section 8.d. “AUTO-RENEWALS AND RECURRING BILLING FOR CANDLE SUBSCRIPTIONS” below.

We reserve the right, in our sole discretion, to withdraw or modify any product in a Candle Subscription, at any time without prior notice and with no liability. From time to time, we may pause a product shipment included in your Candle Subscription—for example, if there is no availability of that product at the time of shipping. We may permanently discontinue products included in your Candle Subscription from time to time. If this applies to you, then we will send you an email, using the email address associated with your account. Your payment method will not be charged for products which you do not receive, either because we have paused them or because they have been discontinued.

For purposes of these Terms, Candle Subscriptions as used herein includes, without limitation, any and all one-time purchases of products made via the Website. All of the same terms and conditions of sale shall apply to one-time purchases, excepting terms pertaining to recurring billing and future shipments as outlined in Section 8.d. “AUTO-RENEWALS AND RECURRING BILLING FOR CANDLE SUBSCRIPTIONS” section below.

b.                         Terms of Sale. You can place an order for a Candle Subscription at any time (subject to any planned or unplanned downtime). You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Submit Purchase” button (or other such similar button as effectuates a sale) on the checkout page. An order submitted by you constitutes a legally binding offer by you to us to purchase the products in the Candle Subscription specified in that order, subject to these Terms, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us. Your order will not be considered accepted until we have received payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed. Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order, provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received.

Our candles and related accessories included in our Candle Subscriptions are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any other commercial purpose. The rights you have under these Terms are personal to you and are non-transferable. Please note that we do not offer refunds, exchanges or customer service for products that have been acquired from an unauthorized reseller, including, but not limited to any online marketplace, such as Amazon or eBay.[CG3] 

If any problems arise with your order or a shipment to you, or with the shipping address or payment method associated with your Candle Subscription, and we are unable to resolve the problem, we may notify you via e-mail using the address associated with your Candle Subscription. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order or shipment may be cancelled and we may not be able to process future shipments until the problem has been resolved.

c.                          Billing and Pricing. We use a third-party payment processor, Shopify Payments, (the “Payment Processor”) to bill you and process payment for the Candle Subscription. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By choosing a Candle Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. The terms of your payment may be subject to agreements between you and the financial institution, credit card issuer or other payment provider. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your account upon demand.

 

NOTE—The following is applicable only to recurring subscriptions: We may increase the price of a Candle Subscription at any time; however, we will give you at least thirty (30) days advance notice of any price increase. This advance notice will give you an opportunity to cancel your Candle Subscription before the price increase goes into effect in the following billing cycle. If you do not cancel your Candle Subscription before the price increase goes into effect, you will be deemed to have agreed to the price increase.

 

d.                         AUTO-RENEWALS AND RECURRING BILLING FOR CANDLE SUBSCRIPTIONS. Our Candle Subscriptions consist of an initial product purchase for which there is a one-time charge (“Initial Charge,”) followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products. The Candle Subscriptions give you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Candle Subscription, which can be done via the methods described below, the Candle Subscription that you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial subscription term, at the then-current rate. By choosing a Candle Subscription, you acknowledge that such Candle Subscription has an Initial Charge and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Candle Subscription.

 

YOU ACKNOWLEDGE AND AGREE THAT EACH SUCH CANDLE SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS OF USE.

 

e.                          Cancelling a Candle Subscription. You may cancel a Candle Subscription at any time by contacting us at +1 (855) 699-2996 or using our support page. Cancellation requests must be made at least ten (10) days prior to your next-scheduled subscription billing date to be effective for that billing date. We will use our commercially reasonable efforts to process any cancellation within five (5) business days following our receipt of notice of cancellation from you. You should keep this timing in mind when providing notice of cancellation as a notice of cancellation received by us close to the date of a recurring charge may not be processed prior to the recurring charge.

 

WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR CANDLE SUBSCRIPTION, CONTACT US AT THE EMAIL ADDRESS OR TOLL-FREE NUMBER LISTED ABOVE.

 

f.                            No Chargebacks Policy: You agree that, in using the Service or in purchasing a Candle Subscription, you: (i) will not under any circumstances, issue or threaten to issue any chargebacks to The Candle Club or to your credit card and/or form of payment (i.e., ApplePay, PayPal, etc.) for any uncancelled auto-renewal of your subscription. In the event such a chargeback is issued by you, The Candle Club reserves its right to terminate any existing subscription and prevent you from using the service at its discretion.

 

g.                          Change in Amount Authorized. If the amount to be charged to your Payment Method varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of the transaction.

 

h.                         Free Trials. Your Candle Subscription may begin with a free trial. If this is the case, we will begin charging you for the Candle Subscription at the end of the free trial period and the date of such charge will be considered the beginning of the Candle Subscription for purposes of calculating any renewals. To avoid being charged, you must cancel your Candle Subscription before the end of the free trial period.

 

i.                             Cancellation of Your Subscription by Us. We may cancel your Candle Subscription at any time if you do not make any payment to us when it is due and you still do not make payment within fifteen (15) days of us reminding you that payment is due. We reserve the right to not ship any products to you unless your payment for those products has cleared.

We may also cancel your Candle Subscription at any time if any of the following conditions are met: (a) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s), for example, your shipping address; (b) if you do not, within a reasonable time, allow us to deliver the product(s) to you; or (c) if we suspect, in our sole judgment, that a purchase was fraudulently made or an account was fraudulently set up.

When becoming a member, you agree to take any and all actions possible to protect your username and password from fraudulent use. The Candle Club reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

j.                             Shipping. We do not ship our products that are part of a Candle Subscription outside of the United States.

Warehouse processing times are different for each Product in your order. Most in-stock orders are shipped as soon as possible (Monday through Friday, not including holidays) following order placement unless otherwise stated in the product description on the applicable product’s page of our Website, and in your order confirmation email for each item purchased. Because each purchased item requires a specific warehouse processing time, certain Products may delay the shipment of your entire order. Estimated shipping times displayed at checkout on the Website do not include processing time. Orders received after 2 pm EST will begin processing the next business day. Saturday and Sunday orders will begin processing on the following Monday, excluding United States federal holidays.

Once your order leaves our warehouse, standard domestic shipping varies for delivery on domestic orders to the contiguous United States, so please track your packages through the shipping site. Please allow additional time for orders placed during the holiday season or for orders shipped to Hawaii or Alaska. Lightweight packages (under 9lb) are shipped via FedEx SmartPost. Heavier packages (over 9lb) are shipped via FedEx Ground Service. SmartPost packages are typically transferred from FedEx to USPS for final mile delivery. Orders shipping to Hawaii, Alaska and to military base APO/FPO will take additional time. Please note, certain Products ship directly from the Product supplier regardless of any other items in the order. Items that ship directly from a supplier are noted in the shipping product descriptions, and in your confirmation email. Additional shipping rates may apply to these items.

Though we try our best to get orders out as quickly as possible, we cannot guarantee your order will arrive within a specific time frame.

Certain of our Products may be experiencing shipment delays as a result of supply chain issues or product availability and the estimated shipping date for the initial shipment in a Candle Subscription is specified in the product description of the applicable product on our Website. Estimated shipment dates in the product description may change and we will notify you if there is a delay from the estimated shipment date when you placed an order. You will be charged the Initial Charge for the initial shipment in a Candle Subscription via your Payment Method when you place an order for a Candle Subscription. The Initial Charge is not refundable regardless of shipment delays unless otherwise required by applicable law. Please take this into account when placing an order for a Candle Subscription. You can cancel a Candle Subscription at any time via the cancellation methods outlined Section 8.e. above.

k.                          Product Images. We make every effort to accurately display the colors and images of the Products that appear on our Website. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products are subject to change at any time without notice in our sole discretion. We reserve the right to discontinue any Product at any time for any reason or for no reason.

 

l.                             Returns and Refunds. We will not grant a refund, credit your account, or replace a Product unless: (1) the Product was damaged; or (2) the Product does not match the fulfillment information (e.g., the Product is the wrong size, color, or type, etc.)

We have the sole discretion to grant a refund (including the refund method), credit your account, or replace a Product. In order to request a refund, credit, or replacement, you must submit a photograph and a brief explanation of the problem HERE within thirty (30) days of delivery. Return or exchange requests made more than thirty (30) days after delivery will not be honored. Gift cards and gift vouchers are non-refundable.

For clarification, we will not grant a refund, credit your account, or replace a Product solely because:

  • It was unsatisfactory for any reason (excluding the matching of the provided fulfillment information)
  • The shipping provider did not complete delivery/the delivery was late. (In such cases, you must place a new order, or the recipient of the individual order must attempt to resolve the delivery dispute with the shipping provider.)

To be eligible for a return, your item must be defective or unused and in the same condition that you received it. To complete your return, we require a receipt or proof of purchase. There are certain situations where refunds are not granted:

  • Any item not in its original condition is damaged for reasons not due to our error.
  • Any item that is returned more than 30 days after delivery.
  • Proof of purchase cannot be verified.

All returned items are subject to inspection prior to processing. Returns are not accepted unless the customer first obtains a return merchandise authorization from us. Please submit a request HERE with your order number for further refund instructions.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund request.

The cost of shipping that was originally paid to ship your items will not be refunded. You are responsible for all freight charges, duties, and tariffs in returning a Product to the designated return location.

If you are approved for a refund, then your refund will be processed, and a credit will be applied to your credit card or original method of payment within 3 business days. It may take some time before your refund is officially posted. Unfortunately, we cannot control the amount of time it takes for your bank or credit card company to show that the refund is posted. There is often some processing time before a refund is posted. If you have not received an expected refund, we recommend the following:

  1. First, check your bank account.
  2. Next, contact your credit card company.
  3. Next, contact your bank.
  4. If you have done all of this and still have not received your refund yet, please contact us by submitting a form HERE.

m.                      Exchanges. We only replace items if they are defective or damaged due to our error. Once we receive your message HERE, we will give you instructions intended to expedite the handling process. Please send your item to:

The Candle Club
1831 12th Ave S., Ste 460
Nashville TN 37203

You will be responsible for paying for your own shipping costs for returning the item. Shipping costs are non-refundable. If you receive a refund, the cost of initially shipping your item or items will be deducted from your refund. This is true even if the shipping of your product qualifies for free shipping. The costs of shipping will always be deducted from your refund, even if you were not originally charged for shipping. If you are shipping an item over $75 in value, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item, and by shipping an item you assume the risk of any loss or damage.

9.                          INDEMNIFICATION.

To the extent permitted by applicable law, you agree to, and you hereby, defend (if requested by us), indemnify, and hold the Company Parties (as defined below) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Company Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Company Parties’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Company Parties, in the defense of any Claim and Losses. Notwithstanding the foregoing, Company Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Company Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an authorized officer of a Company Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

10.                    DISCLAIMER.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE AND USE OF ANY PRODUCTS OBTAINED THROUGH A CANDLE SUBSCRIPTION IS AT YOUR SOLE RISK AND THE SERVICE AND ANY SUCH PRODUCT IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, Company and its direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, Company Licensed Elements, UGC or other Company products or services, including any Products obtained through a Candle Subscription.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES FURTHER HEREBY FURTHER DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE DO NOT WARRANT THAT ANY PART OF THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SERVICE AND ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. WE DO NOT MAKE ANY WARRANTIES REGARDING THE PRODUCTS OBTAINED THROUGH A CANDLE SUBSCRIPTION. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11.                    LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, EVEN IF WE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, CONTENT, COMPANY LICENSED ELEMENTS, USER GENERATED CONTENT, OR OUR OTHER PRODUCTS AND SERVICES, INCLUDING ANY PRODUCTS OBTAINED THROUGH A CANDLE SUBSCRIPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY OR DAMAGES.

12.                    DISPUTE RESOLUTION; INFORMAL RESOLUTION; CLASS WAIVER; BINDING ARBITRATION; COORDINATED DISPUTES & TERMINATION OF RIGHTS.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM, DISPUTE OR ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  Other rights that we or you would have in court, such as an appellate review, also may not be available in the arbitration process described within this section.

Informal Resolution.

In the unlikely event that a disagreement arises between you and Company regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Service (collectively, “Dispute(s)”), prior to initiating any legal action, you must first contacting our Support Center with the message line titled “TERMS OF USE DISPUTE”.  You must describe the nature of the Dispute, the basis for your Dispute, and the resolution you are seeking. 

You agree that the term “Dispute” in these Terms of Use will have the broadest meaning possible. These Terms of Use also cover any Dispute between you and any officer, director, agent, employee, affiliate of Company, or third party if Company could be liable, directly or indirectly, for such Dispute.

During the 60 days from the date you first contacted us regarding the Dispute, you and we agree to engage in good faith efforts to resolve the Dispute and you will not initiate any legal action during this period.  You and we agree to toll any statutes of limitations that may apply, along with any filing deadlines during this 60 day time period.

Class Waiver

EXCEPT FOR COORDINATED PROCEEDINGS UNDER THE MASS ARBITRATION PROCEDURES AND GUIDELINES BROUGHT AS SET FORTH BELOW, YOU AND COMPANY AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICE IS PERSONAL TO YOU AND COMPANY AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING, WHETHER WITHIN OR OUTSIDE OF ARBITRATION. You and Company agree to waive any right to bring or to participate in such an action in arbitration (except coordinated proceedings under the Mass Arbitration Procedures and Guidelines)  or in court to the fullest extent permitted by applicable law.

Binding Arbitration

If the Dispute is not resolved within the 60 day informal resolution period (and the parties do not agree to extend the period), you and we agree that the Dispute will be resolved entirely through binding individual arbitration in Williamson County, Tennessee, or as we and you otherwise agree in writing. If the parties have more than one Dispute between them, you and we agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived.

We agree to meet and confer to select a neutral arbitrator.  If we are unable to agree on an arbitrator, you or we may petition the state or federal courts sitting in Williamson County, Tennessee to appoint an arbitrator from the arbitrators that you and we propose.  Regardless of the arbitrator or arbitration provider selected, the arbitration shall be administered pursuant to JAMS’ Streamlined Arbitration Rules (“JAMS Rules”) and procedures or other comparable rules to which you and we agree.

WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.  The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You and Company agree that these Terms of Use affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use, and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining arbitration provider’s fees and costs. For any arbitration initiated by Company, Company will pay all of the arbitration provider’s fees and costs. You and Company agree that the state courts of the State of Tennessee sitting in Williamson County, Tennessee, and the federal courts of the United States sitting in Davidson County, Tennessee have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Notwithstanding the forgoing, this Agreement shall not require arbitration of the following Disputes: (i) qualifying individual Disputes in small claims court in the county of your or Company’s billing address and/or (ii) injunctive or other equitable relief in a court of competent jurisdiction in Tennessee for the alleged unlawful use of intellectual property.

Coordinated Disputes/Mass Arbitration

You and Company agree that the following procedures apply for Mass Arbitrations.  In the event that twenty-five (25) or more similar disputes sharing common issues of fact or law are asserted against Company at or around the same time by the same or coordinated counsel or are otherwise consistent or coordinated, you and Company agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and Company agree that the JAMS Mass Arbitration Procedures and Guidelines including the Mass Arbitration Fee Schedule shall apply.   All applicable JAMS’ rules and procedures are available at the JAMS website https://www.jamsadr.com/adr-rules-procedures/.

Further, to the extent permitted by applicable law, you agree that Company, in its sole discretion, may elect to opt the Disputes out of arbitration and require the Disputes to proceed in a state of Tennessee court of competent jurisdiction sitting in Williamson County, Tennessee, and the federal courts of the United States of competent jurisdiction sitting in Davidson County, Tennessee consistent with the remainder of this Agreement, including the class and collective action waiver.

Termination of Rights

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LOCAL LAWS, ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES OR CONTENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by contacting our Support Center with the message line titled “TERMS OF USE DISPUTE”. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the following Section (Jurisdiction and Venue).

The Terms and any applicable Additional Terms, Disputes, and any other claim brought by you against Company or by Company against you pursuant to Section 12, or otherwise related to the Service, Content, Company Licensed Elements, UGC or other Company products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Tennessee, without regard to conflicts of laws principles.

 

13.                    JURISDICTION AND VENUE

EXCEPT TO THE EXTENT OF ANY APPLICABLE NON-EXCLUDABLE LAWS, THE VALIDITY AND PERFORMANCE OF THESE TERMS OF USE AND ANY APPLICABLE ADDITIONAL TERMS, OR ANY OTHER CLAIM BROUGHT BY YOU AGAINST DW OR BY DW AGAINST YOU SHALL BE GOVERNED BY TENNESSEE LAW (WITHOUT REFERENCE TO CHOICE OF LAW PRINCIPLES), AND APPLICABLE FEDERAL LAW. ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION WILL BE RESOLVED ON AN INDIVIDUAL BASIS EXCLUSIVELY IN THE STATE OR FEDERAL COURTS OF TENNESSEE AND THE UNITED STATES, RESPECTIVELY, SITTING IN WILLIAMSON COUNTY OR DAVIDSON COUNTY, TENNESSEE.

 

14.                    GENERAL PROVISIONS.

 

a.                     No Waiver. Our failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of these Terms, nor will any delay or omission on our part to exercise or take advantage of any right or remedy that we have or may have hereunder, operate as a waiver of any right or remedy.

 

b.                     Entire Agreement; Severability. These Terms of Use, Company’s Privacy Policy, applicable Additional Terms, and any terms associated with any particular offer for use of the Service or Shave Subscription set forth Company’s entire liability and your exclusive remedy with respect to the Service or Shave Subscription, comprise a complete statement of the agreement between you and Company regarding the subject matter thereof, and supersede any prior understandings with regards to such subject matter. In the event of any conflict between these Terms of Use and another policy or offer terms, the conflicting terms shall, if possible, be read so as to avoid the conflict, and should the conflict be unavoidable, the terms of these Terms of Use shall control. In the event that any of the provisions of these Terms shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

 

c.                     Modification. We, in our sole discretion, reserve the right to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Service or Candle Subscription from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions will be effective immediately upon posting. You agree to review the Terms upon each visit to the Website. If, in our opinion, a change is material, we will also endeavor to provide you with notice in advance of the material change. Such notice may include posting a notice on the Website or sending notification to the email address connected with your account. Your continued use of the Service or a Shave Subscription following such notice will be deemed to conclusively indicate your acceptance of the revised Terms. The employees of Company are not authorized to make modifications to these Terms of Use, or to make any additional representations, commitments, or warranties binding on Company, except in a writing signed by an authorized officer of Company.

 

d.                     Privacy Policy. All information we collect on the Service or a Candle Subscription is subject to our Privacy Policy. By using the Service or signing up for a Candle Subscription, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

e.                     Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, we reserve the right, without limitation, to: (i) investigate any suspected breaches of the Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by us in accordance with our Privacy Policyin connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by us to comply with law enforcement requests or legal requirements in accordance our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party. Any suspension or termination will not affect your obligations to us under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from us, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

15.               CUSTOMER SUPPORT AND CONTACT INFORMATION

Should you have any questions about these Terms of Use, or for support information, please call +1 (855) 699-2996 or use our support page.

16.      UPDATE HISTORY

  • April 1, 2025 General updates, restructure, and inclusion of expanded alternative resolution section.
  • June 2024 Terms of Use created.