Terms and Conditions of Use
Please read the following Terms & Conditions of Use carefully before using this site. Use of this site indicates acceptance of these Terms and Conditions of Use.
The following terms and conditions govern your (“You” or “User”) use of this Web site (the “Site”). The Site is owned and operated by Pearson Candy Company, LLC (“Pearson’s”). Use of the Site is offered to the User conditioned on acceptance by the User without modification of the terms, conditions and notices contained herein. Use of the content, services, and/or products presented in any and all areas of these sites constitutes the User’s agreement to abide by the following terms and conditions and those posted in specific areas of these sites. Pearson’s may revoke Your ability to use the Site at any time and for any reason (or no reason).
Pearson’s may amend these terms and conditions at any time. All amended terms and conditions shall automatically be effective upon being posted by Pearson’s to the Site. Accordingly, You should check the Site frequently for any changes to these terms and conditions.
Pearson’s does not solicit, request or knowingly collect personal information from individuals under the age of 13. Pearson’s complies in all respects with the Children’s Online Privacy Protection Act (“COPPA”). In no event will Pearson’s attempt to contact any individuals under the age of 13 directly. No one under age 13 may provide any personal information to or on the Site. If we become aware that a child under 13 is attempting to submit this information, we will inform the minor that he or she is ineligible to do so.
Copyright and Trademark Information
All contents of the Site are: Copyright © Pearson’s or are copyright of third-party content providers, and are protected by international copyright law. All rights reserved.
Disclaimer And Limitation of Liability
None of the Content shall be construed as an offer for the sale or provision of any services, goods, or products of Pearson’s or any other entity.
The Site and all content is provided “as is,” “as available” and without any warranties of any kind including, without limitation, any warranty with respect to the quality, performance or functionality of the Site or with respect to the quality or accuracy of any information obtained from or available through use of the Site or that the Site will be uninterrupted or error-free. Furthermore, Pearson’s makes no warranty that any defects, whether known or unknown, will be corrected or that the Site will be virus-free. Pearson’s disclaims all warranties, express, implied, or statutory, including, without limitation, warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow limitations on implied warranties, so these limitations may not apply to You. In those states, Pearson’s liability is limited to the fullest extent permitted by law. Use of this Site is at your own risk.
User Comments, Feedback and Other Submissions
All information, comments, feedback, photographs, suggestions and ideas disclosed, submitted or offered to Pearson’s in connection with the use of this Site (collectively, “Comments”), shall be and remain the exclusive property of the author, but, by submitting the same to Pearson’s, the author hereby grants to Pearson’s a non-exclusive, irrevocable, royalty-free, freely-assignable (through multiple tiers) right and license to use such Comments, in any medium, for any and all purposes, including but not limited to, commercial purposes (including, without limitation, product development, manufacturing, distributing and marketing), displaying publicly, reproducing, or creating derivative works therefrom. For example, your comments may be used in radio, television and print advertisements, and your photographs may be used in our marketing materials. Your name may be used with any Comments You submit. Pearson’s is under no obligation to maintain your name or your Comments in confidence, to pay to You any compensation for any Comments submitted, to credit You with respect to any Comments, or to respond to any of your Comments. You agree that You will be solely responsible for the content of any Comments You make. By submitting any Comments to Pearson’s or this Site, You are representing and warranting to Pearson’s that You are the exclusive author of such Comments, that such Comments are your original work, and that You have all right, title and interest necessary to grant the rights to Pearson’s granted by Your submission of such Comments to Pearson’s.
Relationship With Other Parties
Unless otherwise indicated, Pearson’s is not an agent or representative of any third party and has not authorized any third party to act on its behalf. Pearson’s use of a trademark, service mark, trade name, logo, slogan, or symbol, or other designation in connection with a product or service of another entity (including all hotels, airlines, car rental agencies, cruise tours) should not be construed as an indication of Pearson’s sponsorship of, affiliation or connection with such other entity.
Links to Sites of Other Parties
The Content contained on this Site may include links to other sites. The other sites may not be under the control of Pearson’s and Pearson’s is not responsible for the information or content contained on any web site not owned by Pearson’s. Pearson’s has included the links as a convenience to You. Pearson’s does not endorse, sponsor or approve any other site, or product or service offered by any other site, for which it has provided a link.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense including reasonable attorneys’ fees, related to your violation of these Terms and Conditions or use of this Site.
Except as explicitly stated otherwise, (i) any notices to Pearson’s shall be made by postal mail to Pearson’s Candy Company, 2140 West 7th Street, St. Paul, Minnesota 55116, and (ii) any notices to You shall be made by postings to our Site. Alternatively, we may give You notice by sending an e-mail to the e-mail address You provided us when registering or by postal mail to the postal address You provided us when registering. In the case of e-mail, notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In the case of postal mail, notice shall be deemed given 5 days after the date of mailing.
Pearson’s respects the intellectual property of others. If You believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide written notice to our registered copyright agent identified below. Please note that your written notice must meet the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. §512.
Our registered copyright agent can be reached:
Pearson’s Candy Company
2140 West 7th Street
St. Paul, Minnesota 55116
These Terms and Conditions represent the entire agreement between You and Pearson’s regarding your use of this Site and supersede any prior statements or representations. The performance of these Terms and Conditions shall be governed by the internal laws of the State of Minnesota, United States of America, without regard to any principles of conflicts of law. All legal proceedings arising out of or in connection with this Site brought by You shall be brought solely in the federal or state courts located within the State of Minnesota. You expressly submit to the personal jurisdiction and venue of said courts and waive any claims of inconvenient or improper forum or similar claims or defenses. Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Pearson’s may at any time modify these Terms and Conditions and your continued use of this Site will be conditioned upon the Terms and Conditions in force at the time of your use. Any rights or obligations granted to You hereunder may not be assigned or transferred to any other person or to any entity.