TERMS & CONDITIONS
Thank you for visiting www.candlepowernyc.com. This Web Site is owned and provided by The Yankee Candle Company, Inc. ("Yankee Candle"). Please understand that all services provided by Yankee Candle through this Web Site, including the sale of any products, are provided subject to the following terms and conditions. BY USING THIS WEB SITE, WHETHER BY PURCHASING ANY PRODUCTS FROM OUR SITE OR BY DOWNLOADING ANY INFORMATION OR MATERIALS FROM THE SITE OR OTHERWISE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREE THAT YOU WILL BE BOUND BY AND SUBJECT TO THESE TERMS AND CONDITIONS. In the event of a violation of any of these terms and conditions, Yankee Candle reserves the right to deny future access to the Web Site and to seek all remedies available at law and in equity.
This Web Site is owned and operated by Yankee Candle. The material included herein, including without limitation all content, text, graphics, artwork, photographs, site design, logos, icons, images, audio or video clips, code, scripts and software (collectively, the "Materials"), is the property of Yankee Candle and/or its content suppliers and is protected by the trademark, copyright and other intellectual property laws of the United States and other countries. The selection, arrangement and compilation of all of the foregoing in the manner depicted is also the property of Yankee Candle and is protected by said laws. ALL RIGHTS ARE EXPRESSLY RESERVED. No right, title or interest in and to the materials is conveyed or granted to you. You may not copy, reproduce, republish, transmit, disseminate, distribute, display, post, modify, create derivative works from, sell, license or otherwise use or exploit in any way whatsoever any Materials or other content from this Web Site without the prior written consent of Yankee Candle. Without in any way limiting the foregoing, you agree not to use the Web Site or any Materials for any commercial or competitive purposes or for any other purposes which may be harmful or detrimental to Yankee Candle or its business.
Yankee Candle retains all rights to its trademarks, trade names, brand names, trade dress and other such intellectual property, including without limitation Yankee®, Yankee Candle®, Housewarmer®, Sampler®, Tart®, Wax Potpourri Tarts®, Country Kitchen®, Car Jars®, Country Classics®, Kindle Candles®, Aroma Formula, Yankee® Home Classics, Chesapeake Bay Candles®, Frosted Favorites and the fragrance names of many of our products, as indicated, all of which are registered and/or common law trademarks of Yankee Candle in the United States and in other countries. These trademarks, together with all associated service marks, slogans and other Yankee Candle product names, graphics, logos, service names and custom icons are included within the intellectual property of Yankee Candle and all rights thereto are expressly reserved. Yankee Candle's trademarks and intellectual property may not be used by any third party without the express written permission of the Company and, without limiting the foregoing, may not be used in connection with any product or service or in any manner that is likely to or may dilute the strength of the trademark, disparage or discredit Yankee Candle or its products and services, or cause confusion among consumers. Any other trademarks that appear on this site and are not owned by Yankee Candle are the property of their respective owners.
Yankee Candle expressly prohibits any use of our trademarks, trade names or brand names in metatags, keywords and/or hidden text. The use of our trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to this Web Site, or any page or portion thereof, without the prior written consent of Yankee Candle is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the Yankee Candle Web Site or its Materials with any other site, advertisement, link or other information or materials not originating from this Web Site is expressly prohibited.
Yankee Candle is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in this website. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website ("Communications"), including e-mails to Yankee Candle or postings on interactive portions of this website, shall be deemed and shall remain the property of Yankee Candle. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. Yankee Candle is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE Yankee Candle from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or Yankee Candle, you hereby grant Yankee Candle, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all ""moral rights"" in uploaded Communications have been waived.
Yankee Candle does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
You will not upload viruses or harmful components.
You will not use the website to further any illegal purpose or to violate the rights of any party.
You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
Yankee Candle reserves the right to make changes or modifications to this Web Site or to any of the terms, conditions, disclaimers and policies referenced herein, and to add or remove any portion of the site, including any portion of these Terms and Conditions, at any time, in its sole discretion and without notice. All such changes shall be effective immediately upon posting. You should review these terms and Conditions frequently, as your use of the Web Site following any changes to these Terms and Conditions shall constitute your acceptance of and agreement to be bound by the revised terms and Conditions whether or not you have actually reviewed them. Yankee Candle may in its sole discretion terminate, suspend or discontinue any aspect of the Web Site, including the availability of any features or products, at any time and without notice or liability. Yankee Candle may also restrict your access to all or any portion of the Web Site without notice or liability.
Without limiting the generality of the foregoing section (Subject to Change), the price and availability of any products contained or referenced on this Web Site is subject to change at any time and without notice. As noted elsewhere herein, Yankee Candle is not responsible for any typographical errors, which specifically includes those relating to the price or size of an item.
All prices displayed on this site apply only to the products and services available on the Web Site and may not necessarily reflect the prices of such products or services, or similar items, available through our retail stores, catalogs or otherwise. Prices are at all times subject to availability and nothing herein shall constitute an "offer to sell." We at all times reserve the right to limit the quantity of any item sold or to refuse a requested order altogether. Without limiting the generality of the foregoing, we specifically reserve the right to refuse to sell to any person or entity known or believed by us to be a reseller of our products. The receipt of an e-mail confirmation of your order is simply an acknowledgement that we have received your requested order and does not constitute an offer to sell.
When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this site. All purchases from this site are made pursuant to a shipment contract. As a result, risk of loss and the title for items purchased from this site pass to you upon delivery of the items to the carrier.
This Web Site is created, controlled and maintained by Yankee Candle in the Commonwealth of Massachusetts. Accordingly, the laws of the Commonwealth of Massachusetts shall in all events govern any disputes relating to this Web Site, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. Yankee Candle makes no representations as to the compliance of the Web Site or its terms and conditions with any applicable law. If you choose to access the Web Site from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws. You may not use the Web Site in violation of U.S. export laws.
By using this Web Site, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the Commonwealth of Massachusetts and agree that it shall serve as the sole and exclusive venue for any disputes relating to this Web Site. Any claim or cause of action brought by you with respect to matters related to the Web Site, including these terms and conditions, must be brought in a state or federal court located in the Commonwealth of Massachusetts and must be commenced no later than one year after the claim arises.
If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement between the parties as to matters relating to this Web Site and may only be modified by a writing signed by both parties.
As a convenience to you, and for informational purposes only, Yankee Candle may from time to time provide links to web sites operated by other entities unrelated to Yankee Candle. If you use any such link, you acknowledge that you will be leaving this Web Site to visit another. If you decide to visit any linked site, you do so at your own risk. Yankee Candle expressly disclaims any responsibility, liability, warranty or representation regarding any linked site or the information, materials, content, products or services contained in or provided by such site. Moreover, providing such a link in no way implies that Yankee Candle endorses or adopts any information, articles, products, services, or other materials appearing on or provided by the linked site, and Yankee Candle expressly disclaims any such endorsement.
THIS WEB SITE AND THE MATERIALS, CONTENT AND PRODUCTS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YANKEE CANDLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED HEREIN, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY LAW ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OR ANY WARRANTY OR REPRESENTATION THAT THE OPERATIONS AND FUNCTIONS OF THIS SITE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. Without limiting the generality of the foregoing, this Web Site and the Materials contained herein may contain inaccuracies and typographical errors. Yankee Candle does not warrant the accuracy or the completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this Web Site. Any reliance on any of the foregoing shall be at your sole risk.
IN NO EVENT SHALL YANKEE CANDLE, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEB SITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF YANKEE CANDLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some of the documents and information contained in (or directly accessible from) this Web Site may include so-called "forward-looking statements" under United States securities laws. Forward-looking statements include but are not limited to any statements concerning the Company's or management's plans, objectives, goals, strategies, expectations, estimates, beliefs or projections, or any other statements concerning future performance or events. Actual results could differ materially from those indicated by these forward-looking statements as a result of various risks and uncertainties, including but not limited to the following: the current economic conditions in the United States as a whole and the continuing weakness in the retail environment; the risk that we will be unable to maintain our historical growth rate; the effects of competition from others in the highly competitive giftware industry; our ability to anticipate and react to industry trends and changes in consumer demand; our dependence upon our senior executive officers; the risk of loss of our manufacturing and distribution facilities; the impact on our stock price of seasonal, quarterly and other fluctuations in our business; and other factors described or contained in the Company's most recent Quarterly Report on Form 10-Q or Annual Report on Form 10-K on file with the Securities and Exchange Commission (copies of which are available elsewhere on this Web Site). Any forward-looking statements represent our views only as of the date made and should not be relied upon as representing our views as of any subsequent date. While we may elect to update certain forward-looking statements at some point in the future, we specifically disclaim any obligation to do so even if experience or future events may cause the views contained in any forward-looking statements to change.
Yankee Candle Company, Inc. is a private label brand. To protect its intellectual property rights, suspected resale of our merchandise for personal or business profit is strictly prohibited. Any orders found to have characteristics of reselling will be cancelled. Yankee Candle Company, Inc. does not ship to known freight forwarders, and orders to such will be canceled. We reserve the right to cancel all subsequent orders from such customers.