Terms Of Use

(last update: Jan 2014)

INTRODUCTION ReferDigital LLC (ReferDigital, REFERDIGITAL, REFERDIGITAL LLC, Seller, the Seller, or We), a Texas Limited Liability Company, provides this Website (the website, the site, website, or site) and all products sold through it for your use, subject to these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully. By accessing and/or using the Site, or by purchasing the products sold on it, or by operating said products, you fully and unconditionally accept and agree to be bound by these Terms of Use. If you do not agree to them, please do not visit or use the Site, purchase any of its products, or operate them. ReferDigital reserves the right to revise these Terms of Use, so please check back periodically for changes. Your continued use of the Site or operation of its products following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. Updates will be evidenced by a more recent Last Updated date at the top of this page.

USE OF THE SITE You may not: (1) use the Site in an unintended commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others' use of the Site; (3) impair the Site's operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with ReferDigital's intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.

SITE MODIFICATIONS We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

PRIVACY POLICY ReferDigital takes your privacy seriously. Any information submitted on or collected through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

LINKS TO OTHER SITES Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

APPLICATIONS AND TRANSACTIONS All applications and transactions made through the Site are subject to ReferDigital's acceptance, which is in our sole discretion. Without limitation, this means that ReferDigital may refuse to accept any application or transaction, whether or not the application or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.

ELECTRONIC COMMUNICATIONS By using the Site, you consent to receiving electronic communications and notices from ReferDigital. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

INTELLECTUAL PROPERTY All copyrightable text, graphics, sound, downloads, software and other material (collectively, the 'Content'), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by ReferDigital and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to ReferDigital LLC, PO Box 191384, Dallas, TX 75219, USA or "info" (at lotuscandles.com). ReferDigital does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.

Claims of Copyright Infringement: If you believe that materials posted on the Site violate your intellectual property rights, please contact ReferDigital at ReferDigital LLC, PO Box 191384, Dallas, TX 75219 or "info" (at lotuscandles.com). Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner's behalf.

USE OF INFORMATION SUBMITTED You agree that ReferDigital is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.

ALL SALES FINAL All sales of products through this website are FINAL. Returns will not be accepted and refunds cannot be provided.

As a courtesy, in some cases, we may be able to cancel and refund orders for customers who request to cancel in sufficient time (determined in our sole discretion) BEFORE their orders ship. Orders that have already shipped will NOT be cancelled or refunded under any circumstance.

We are unable to resell any products after they have been through the mailing system, so we are unable to accept or authorize any returns of our products, even if they are unused. Any unauthorized returns will be discarded by our warehouse on receipt and no refunds will be provided.

NO WARRANTY While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED �AS IS� AND �AS AVAILABLE,� WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.

LIMITATION OF LIABILITY IN NO EVENT SHALL REFERDIGITAL, ITS RELATED COMPANIES, AND EACH SUCH COMPANY'S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY PRODUCTS SOLD ON THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

INDEMNITY You agree to indemnify and hold ReferDigital and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.

DISPUTES These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms of Use shall be brought in the federal court in the Northern District of Texas or the state courts located in Dallas County, Texas. By using the Site, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site shall be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary.

RELEASE OF LIABILITY All products sold through this website are sold upon the condition that the Seller shall not be liable for any arrest, accident or injury occasioned during the transportation, handling, storage, sale or use of these products, waiving all claims and releasing all liability against the Seller. You agree as a condition of using this website or the products sold through it, to save, hold harmless and indemnify the Seller from/for any and all liability, claims, damages, actions, causes of action suits and demands what-so-ever, in law or equity, which may be imposed upon the Seller as a result of such sales or transactions, or the use, misuse, transportation or resale of these products, or any defects in these products. By completing a purchase on this site, or by operating the products sold on it, you agree that this release is executed freely and voluntarily by you for the purpose of protecting the Seller from future potential liability, and that you understand and acknowledge the significance and consequences of such specific intention to release any and all future claims against the Seller. You also agree that any and all questions by you have been answered in full detail to their understanding by the Seller. All products sold through this website are sold on your representation that the same will be used strictly in accordance with the laws of the state where they are operated. You also agree that products involving fire can be dangerous, and assume all risk as well as all responsibilities for using the products sold through this website. Purchases are only to be made by buyers over 18 years of age, and you affirm by your purchase that you are over 18 years of age.

GENERAL If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and ReferDigital in connection with your use of the Site and the operation of the products sold through it.

CONTACT US If you have any questions about these Terms of Use, please contact us at info {at} lotuscandles.com.

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