TERMS OF USE Welcome to Marich Confectionery Company’s website and online purchasing. Marich.com and related website, mobile sites, or applications, content and properties (collectively the “Website or Site”) is operated by Marich Confectionery Company, Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Marich Confectionery Company, Inc. and any and all of its subsidiaries and related entities. Marich Confectionery Company, Inc. offers this Website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 1) GENERAL CONDITIONS By visiting our Site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink within these Terms of Use or elsewhere on our Site. These Terms of Use apply to all users (whether as individuals and/or entities) of the Site, including without limitation, users who are visitors, browsers, vendors, customers, merchants, service partners, contributors of content, anyone accessing the Website for any reason or purpose. Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. We reserve the right to refuse service to anyone for any reason at any time. You understand that your information and/or content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms. Any new features or tools which are added to the Site shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify, add, remove, or replace any part of these Terms of Use by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. 2) ONLINE STORE AND PURCHASE TERMS A valid credit card with your name, billing address, shipping address (if different from your billing address) and phone number are required when making a purchase. You may maintain this information, as well as other information such as shipping addresses, on the My Account page of the Site. You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. All personal information provided to us will be collected, protected and used in accordance with our Privacy Policy. For more detail, please review our Privacy Policy. Registration on the Site provides the ability to store frequently used information and personal identifiable information to streamline check-out. Upon registration, you must provide a working email address, and a password. You must ensure that these remain confidential at all times, and agree that you are solely and entirely responsible for all activities which occur under your email address and password, and are solely responsible for the security of your access codes and/or passcodes. You must notify us immediately if you become aware of any unauthorized use of your email address and password. Each email address and password must be used by a single user and is not transferable. We may suspend or terminate access to an account at any time without notice if we suspect unauthorized or improper use of the account. By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. If you are under 18, you may use this site only with involvement of a parent or guardian. You may not use our Website or products for any illegal or unauthorized purpose nor may you, in the use of the Website or Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree that you will not transmit any worms, viruses or any code of a malicious or destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your right to use the Website and Services. 3) ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. We are not responsible if information made available on this Site is not accurate, complete or current. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right (but we have no obligation to) modify the contents of this Site at any time. You agree that it is your responsibility to monitor changes to our Website. 4) MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify the products, prices, purchase terms, Services, and to discontinue the Service (or any part or content thereof) without notice at any time. All descriptions of products or product pricing are subject to change at any time without notice, in and at our sole discretion. We will not be liable to you or to any 3rd party for any modification, change, suspension or discontinuance of the Service. 5) PRODUCTS OR SERVICES (as applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on our Site. We cannot guarantee that your device’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer and/or refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may exercise these rights on a case-by-case basis. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 6) RETURNS & EXCHANGES Please contact our Customer Service team at hello@marich.com with return or exchange inquiries. 7) OPTIONAL TOOLS We may provide you with access to 3rd party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. By using this Site and/or accessing any 3rd party tools, you agree that we shall have no liability whatsoever arising from or relating to your use of optional 3rd party tools. Any use by you of 3rd party tools offered or linked to through the Site is entirely at your own risk and discretion and you are responsible for ensuring your familiarity with and approval of the terms on which 3rd party tools are provided by the relevant 3rd party providing such tools. We may also choose, at our sole discretion, to offer new services and/or features through the Website (including, new tools, content and resources). Any such new features and/or services shall be subject to these Terms of Use. 8) 3rd PARTY LINKS Certain content, products and services available via our Service may include materials from 3rd parties. Links to 3rd party sites on the Site are provided solely for your convenience. If you use these links, you may leave the Site. These Terms of Use and our Privacy Policy do not apply to any website that you reach by using these links or otherwise leaving the Site. We have not reviewed these other websites, and we do not control and are not responsible for those websites or the content on those websites. We therefore do not endorse or make any representations about these 3rd party websites or any material found there. If you decide to access any of the websites linked to the Site, you do so entirely at your own risk. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any 3rd party content, materials or websites, or for any other materials, products, or services of 3rd parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other use or transactions made in connection with any 3rd party websites whether or not referenced or linked to on our Site. Please carefully review any 3rd party’s policies, terms and practices and make sure you understand them before you engage in any use or transaction. Complaints, claims, concerns, or questions regarding 3rd party products are to be directed to the 3rd party. 9) USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If you send certain specific submissions (for example contest entries) or creative ideas, suggestions, proposals, plans, or other materials, or submit or post any comments, feedback, or ratings, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), with or without a request from us, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any and all Submissions that you send or forward to us. We are not nor shall we be under any obligation (1) to maintain any comments in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your Submissions will not violate any right of any 3rd party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or 3rd parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any 3rd -party. 10) PRIVACY POLICY Your submission of personal information through the Website is governed by our Privacy Policy. 11) ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right, without prior notice, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time (including after you have submitted your order). We are under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 12) PROHIBITED USES In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses, without notice. 13) DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website and/or Service is at your sole risk. The Website, Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Marich Confectionery Company, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors or licensees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website, Service or any products procured using the Website and/or Service, or for any other claim related in any way to your use of the Website and/or Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website and/or Service or any content (or product) posted, transmitted, or otherwise made available via the Website and/or Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 14) INDEMNIFICATION You agree to indemnify, defend and hold harmless Marich Confectionery Company, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, licensees, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any 3rd party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference (including, without limitation, any breach of your representations and warranties set forth herein and/or applicable law), or your violation of any law or the rights of any 3rd party. 15) SEVERABILITY In the event that any provision of these Terms of Use determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. 16) TERMINATION These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof). In the event of termination, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 17) ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Website and/or Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against us. 18) GOVERNING LAW The Website is based in the United States in the State of California. We make no representation that the Website or its policies comply with the laws of any other country. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country, state, province and/or jurisdiction. You also consent to the transfer and use of your information outside of your country. These Terms of Use and any matter relating to the Website (including our Privacy Policy) are governed by the laws of the State of California without regard to its conflict of laws principles. By accessing, using or making a purchase from the Website, you agree that any dispute or controversy arising from use of the Website, Services, our products, or these Terms of Use, must be brought before the courts of San Benito County in the State of California or the United States federal court having jurisdiction over San Benito County, California. By using the Site or making a purchase from the Site, you agree to be subject to the personal jurisdiction of such courts 19) CHANGES TO TERMS OF USE You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change, remove or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website and/or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. CONTACT INFORMATION: Questions about the Terms of Use should be sent to us at hello@marich.com.