GENERAL CONDITIONS OF USE
Welcome to Marich Confectionery Company’s website and online purchasing. Your use of this site is subject to the following conditions. If you visit, shop or conduct business on or through this website, you accept these conditions. Please read them carefully. By using this website you agree to be bound by the terms set forth herein. We may make changes to this website, these General Conditions of Use, or the policies and conditions that govern our business at our sole discretion and at any time with or without notification.
We encourage you to review these terms periodically for any updates or changes and to call (800) 624-7055 to request a copy of other Marich terms and polices. Your continued access or use of this website shall be deemed your acceptance of and any and all changes and the reasonableness of these standards for notice of changes. In addition, when you use any current or future service (e.g., online purchasing, order tracking, etc.), visit or purchase from this site you will be subject to the guidelines and conditions applicable to such service or business.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
You will receive a login name and password as your account designation when you have completed the New Account Form or requested an account through our Customer Service. 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 agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Marich reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Please review our Privacy Notice, which also pertains to your use of this site to understand our practices.
RISK OF LOSS
All items purchased from Marich Confectionery Company are shipped F.O.B. Hollister, California and are made pursuant to various shipment laws and contracts. This means that the risk of loss and title for such items passes to you upon transfer to the carrier at our facility. All claims for damages occurring or believed to have occurred during shipment must be filed with the delivering carrier. Please make sure that the damage is noted on the receipt at the time of delivery. If you suspect that there may be concealed damage, please mark the receipt “Acceptance Subject to Inspection of Goods”. Please call our office at (800) 624-7055 if you require assistance with the filing of any claim.
Except where noted otherwise, the Price displayed for products on our website represents the full retail price listed on the product itself. We confirm the price of an item after your order is placed, however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, at times we may experience malfunctions or errors where items may be incorrectly priced. If we find that a product has been incorrectly priced, we will do one of the following:
If the price billed is higher than the correct price, we will credit the difference between the price billed and the correct price to your credit card. If the price billed is lower than the correct price, we will honor the lower price billed for that particular order.
You acknowledge that all content included on this website such as data, text, photographs, graphics, logos, button icons, images, typefaces, audio clips, digital downloads, data compilations, software, and other material (collectively “Content”) are the property of Marich Confectionery Company, Inc. (also referred to herein as Marich) or its content suppliers and are protected by United States and international laws with regard to copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The compilation of all content on this site is the exclusive property of Marich and is protected by U.S. and international copyright laws. All software used on this site is the property of Marich or its software suppliers and protected by United States and international copyright laws.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining express written consent from Marich. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
MARICH, the MARICH stylized logo our logos, taglines, trade names or words are registered trademarks, trademarks or service marks of Marich Confectionery Company, Inc., its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. All Marich graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Marich Confectionery Company, Inc. Marich’s trademarks and trade dress may not be used in connection with any product or service that is not Marich’s in any manner that is likely to cause confusion among consumers, our customers and our industry as a whole, or in any manner that disparages or discredits Marich. All other trademarks not owned by Marich that appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to Marich.
TRADEMARK and COPYRIGHT COMPLAINTS
Marich Confectionery Company, Inc. respects the trademarks and general intellectual property of others. If you believe that our work has created a situation where you feel your work has been copied in a way that constitutes trademark or copyright infringement, please contact us at (800) 624-7055 and ask to speak with an Officer of the company.
LICENSE AND SITE ACCESS
Marich grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Marich Confectionery Company, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any images, product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Marich. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this website without express written consent. You may not use any Meta tags or any other “hidden text” utilizing Marich Confectionery Company’s name or trademarks without the express written consent of Marich. Any unauthorized use terminates the permission or license granted by Marich. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this website (defined as https://www.marich.com) so long as the link does not portray Marich, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Marich logo or other proprietary graphic or trademark as part of the link without express written permission.
IDEA and DESIGN SUBMISSIONS
We love to hear how we can better our company and its offerings to create a more enjoyable buying experience. In that spirit, we encourage our customers to talk to us and let us know what you think. Since we are always working on new things, we wish to be free to have customer input and ideas to help guide us to new products and services without confusion related to ownership of said ideas and designs. In the event that you submit an idea or design to Marich, please understand that we may already be working on such an idea and as such we must protect our ability to innovate. With that, you hereby accept that all ideas or designs submitted to Marich for any reason or facet of our business will become the property of Marich Confectionery Company and that no payment or in-kind consideration will be required. Upon submission of an idea, you relinquish all rights to the idea or designs submitted and transfer all rights pertaining thereto to Marich Confectionery Company.
COMMUNICATIONS AND OTHER CONTENT
When you visit our site or send us e-mails, you are communicating with us electronically. You hereby consent to receive communications from us electronically. We will communicate with you by e-mail, telephone or by mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any correspondence. Marich has the right but not the obligation to monitor and edit or remove any activity or content. Marich takes no responsibility and assumes no liability for any content or communication posted by you or any third party.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party’s web site. These links will let you leave this website. The linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or content.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MARICH CONFECTIONERY COMPANY, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARICH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARICH, OUR OFFICERS, DIRECTORS, AND EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS (“PROVIDERS”), SUPPLIERS (“SUPPLIERS”), LICENSORS (“LICENSORS”), OR THE LIKE (COLLECTIVELY, “ASSOCIATES”), DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARICH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MARICH OR ITS ASSOCIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THIS WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Further, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from this website from third parties not associated with us. We encourage discretion when using the Internet. Some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post or transmit through this website, your use of and/or connection to this website, your violation of these General Conditions of Use, or your violation of any rights of another individual or party whether affiliated or not.
We may elect to electronically monitor areas of this website and may be required to disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate this website; or (iii) to protect our rights or property or the rights of the users, Providers, Licensors, or Suppliers. We are not responsible for screening, policing, editing, or monitoring such Content. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine at our sole discretion whether or not to remove or request the removal of such Content from this website. We may terminate your access, or suspend your access to all or part of this website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Supplier, service provider, or us.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
By visiting this website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these General Conditions of Use and any dispute of any sort that might arise between you and Marich.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE AS BELOW, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
OTHER SITE POLICIES AND SEVERABILITY
Please be aware that you may also be subject to additional policies when you purchase from Marich Confectionery Company, Inc. and/or use these services, third-party content or third-party software. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Our failure to exercise or enforce any right or provision of these General Conditions of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or the General Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in these General Conditions of Use are for convenience only and have no legal or contractual effect.
OUR ADDRESS and CONTACT INFORMATION
Marich Confectionery Co, Inc.
2101 Bert Drive
Hollister, CA. 95023