Terms and Conditions
SKU CANDY, Inc. Terms of Use
Last Updated: March 5th 2022
Welcome to the SKU CANDY website and platform, a Wholesale, B2B, Marketplace which facilitates transactions between brands and buyers (the “Service”). The Service is offered through www.skucandy.com (the “Site”) and is comprised of various web pages operated by SKU CANDY, Inc. (“SKU CANDY”).
Every time you visit or use features of the Service, you agree to be bound by these Terms of Use (the “Terms”). If you are an entity, these Terms shall be expressly binding on all employees, directors and officers, agents, and assigns who access or use the Service. These Terms outline your rights, obligations, and restrictions regarding your use of the Service, please read them carefully. If you do not agree to be bound by the Terms and all applicable laws, you should discontinue use of the Service immediately. We interact with two categories of people, brands, and buyers, collectively referred to as User, Users, or you.
In addition to these Terms, we have adopted the SKU CANDY Privacy Policy https://www.skucandy.com/privacy-policy-cookie-restriction-mode (the “Privacy Policy”). Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information.
SKU CANDY may modify the Terms from time to time and each modification will be effective when it is posted on the Service. We will notify you of substantive modifications to these Terms the first time you access the Service following any such modification, and you agree to be bound to any changes to the Terms through your continued use of the Service.
Electronic Communications
Visiting the Site or sending emails to SKU CANDY constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you are a Brand, you must first create an account by following the prompts on our platform (your “Account”) and choose a subscription tier based on your needs.
If you are a Buyer, you do not need an account to browse our Site or to use the Service. However, to access certain features of the Service, such as viewing your past orders, you must first create an account by following the prompts on our platform (your “Account”).
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SKU CANDY is not responsible for third party access to your account that results from theft or misappropriation of your account. SKU CANDY and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
User Eligibility
Each User hereby warrants that the User is either (a) an authorized employee, director, officer, agent or assign of a legitimate legal entity, or (b) an individual either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and is fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, the User affirms to be over the age of 13, as the Services are not intended for children under 13.
Cancellation and Refund Policy
If you are a Brand, any cancellations made after 60 days of Service will not qualify for a refund. Please contact us at hello@skucandy.com with any questions. If you are a Buyer, your cancellation and refund terms are designated by the Brand with which you are transacting. Please contact the Brand with any questions or concerns.
Links to Third Party Sites/Third Party Services
For your convenience, the Service may provide links to products or services offered on other websites or applications. Unless expressly stated otherwise, SKU CANDY does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products, or materials available at or through any websites to which this Service may provide a link. By using the Service, you acknowledge and agree that SKU CANDY will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. You should carefully review each website’s privacy statements and conditions of use to understand your rights and responsibilities.
By using the Site and Service, you hereby acknowledge, and consent to, the sharing of information and data with any third party with whom SKU CANDY has a contractual relationship. Please see our Privacy Policy[MCM2] for more information.
Unlawful Use and Intellectual Property Rights
You are granted a non-exclusive, non-transferable, revocable license to access and use Site and Service strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to SKU CANDY that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SKU CANDY or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of SKU CANDY and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SKU CANDY or our licensors except as expressly authorized by these Terms.
You will be held solely responsible for your conduct on and use of the Service. You agree that you will not use or attempt to use this Service for any other purpose; you may not (and may not allow any third party to) use or attempt to use this Service or upload, download, post, submit or otherwise distribute or facilitate distribution of content or products on or through the Service for any purpose:
● that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract,
● that is any way unlawful or prohibited, or that is harmful, threatening, abusive, harassing, deceptive, fraudulent, offensive, obscene, profane, or otherwise destructive to anyone or their privacy or property,
● that transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited spam or bulk e-mail (including without limited postings to third party social media services which are linked to the Service) or unsolicited commercial communications,
● that transmits any harmful or disabling computer codes, files, programs, or viruses,
● that harvests e-mail addresses or personally identifiable information from SKU CANDY,
● that interferes with our network services, or the proper working of the Service or activities conducted on the Service,
● that uses manual or automated software or other processes to “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any page of the Service,
● that attempts to gain unauthorized access to our Service including bypassing measured we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service),
● that suggests an express or implied affiliation with SKU CANDY (without the express written permission of SKU CANDY) or that impersonates any person or entity including an employee or representative of SKU CANDY,
● that impairs or limits our ability to operate this Service or any other person’s ability to access and use this Service.
SKU CANDY reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your access to and use of this Service.
Jurisdiction and Severability
We operate the Service from our offices within the United States. The Services are designed for Users within the United States, and SKU CANDY makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.
These Terms are not assignable, transferable, or sublicensable by you except with SKU CANDY’s prior written consent. SKU CANDY may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
These Terms will be governed by and construed in accordance with the laws of the state of Delaware without regard to its conflict of laws provisions. Any action brought against SKU CANDY to enforce these Terms or matters related to the Service will be brought in either the state courts or, if there is exclusive federal jurisdiction, the federal courts of the state of Washington. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and SKU CANDY concerning your use of the Service.
Indemnification
You agree to indemnify, defend and hold harmless SKU CANDY, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SKU CANDY reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SKU CANDY in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SKU CANDY, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SKU CANDY, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SKU CANDY, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKU CANDY, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SKU CANDY, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Relationship between You and SKU CANDY
Whether a Brand or Buyer, you agree that no joint venture, partnership, employment, or agency relationship exists between you and SKU CANDY as a result of these Terms or use of the Site. SKU CANDY's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of SKU CANDY's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SKU CANDY with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and SKU CANDY with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SKU CANDY with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Changes to Terms
SKU CANDY reserves the right, in its sole discretion, to change the Terms under which www.skucandy.com is offered. The most current version of these Terms will supersede all previous versions. SKU CANDY encourages you to periodically review these Terms to stay informed of our updates.
Contact Us
Should you have any questions or complaints regarding these Terms, please contact us at:
Email address: hello@skucandy.com
Postal address: SKU CANDY, Inc., 1201 3rd Ave, Suite 2200, Seattle, Washington 98101