CandyVerse Terms of Use

Effective Date: August 14, 2026
Last Updated: August 31, 2026

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and CandyVerse, LLC, doing business as CandyVerse ("CandyVerse," "we," "us," or "our"), concerning your access to and use of the https://www.mycandyverse.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). We are registered in Texas, United States, and maintain our registered office at 849 E. Commerce St, Suite 447, San Antonio, TX 78205.

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Your continued use of the Site after the date revised Terms are posted constitutes acceptance of the revised Terms.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Use before you use the Site.

2. Products, Food Safety, and Allergen Notice

ALLERGEN WARNING: Our products are candy and food items. Products sold on the Site or in our store may contain, or may have been manufactured, packaged, or repackaged in facilities that also process, peanuts, tree nuts, milk, eggs, soy, wheat (gluten), sesame, and other allergens. Bulk candy, pick-and-mix assortments, and repackaged items may come into contact with other products and allergens during handling. It is your sole responsibility to review product descriptions and manufacturer labeling and to determine whether a product is safe for you before consuming it. If you have a food allergy or sensitivity, do not rely solely on Site descriptions. To the fullest extent permitted by law, CandyVerse is not liable for allergic reactions or other adverse effects resulting from consumption of products purchased from us.

Product images are for illustration only. Actual products may vary in color, shape, size, count, weight distribution, packaging, and assortment mix, particularly for bulk and assorted items. Our products are food items and are not intended to diagnose, treat, cure, or prevent any disease or health condition.

California Proposition 65 Notice: Some of our products, including chocolate and cocoa-based items, may be sold in bulk, as part of pick-and-mix assortments, or repackaged by us. Chocolate and cocoa-based products can naturally contain trace amounts of lead and/or cadmium from the soil in which cacao is grown. For products we sell sealed in their original manufacturer packaging, any required Proposition 65 warning is the responsibility of the manufacturer and will appear on that packaging. For products we repackage, bulk, or combine into assortments, we will provide a Proposition 65 warning where required by law. California customers should review product packaging and any posted warnings before purchasing or consuming chocolate or cocoa-based products. To the fullest extent permitted by law, CandyVerse disclaims liability for failure to warn to the extent such warning was the legal responsibility of a third-party manufacturer whose sealed product we resold unaltered.

3. Orders, Pricing, and Payment

All orders placed through the Site are offers to purchase. We reserve the right to accept, refuse, limit, or cancel any order, in whole or in part, for any reason, including suspected fraud, pricing or description errors, or quantity limits. If we cancel an order after your payment has been processed, we will refund the amount charged for the cancelled items.

Prices, promotions, and availability are subject to change without notice. In the event of a pricing or typographical error, we reserve the right to cancel any orders placed at the erroneous price, whether or not the order has been confirmed, and to correct the error on the Site. Applicable sales taxes will be calculated and added at checkout based on your delivery or pickup location. You represent that you are authorized to use the payment method provided and authorize us (and our payment processors) to charge the full order amount, including taxes and shipping.

Prices for the same product may differ between the Site and our physical store due to differences in the cost of doing business between our online and in-store operations. The price you are charged for any purchase is the price displayed at the time of that purchase, whether on the Site or in-store.

Order Cancellations. You may cancel your order in full at any time before it has been processed for shipment. Once a shipping label has been printed for your order, we are no longer able to modify or cancel it. If your order has not yet been processed, contact us immediately at support@mycandyverse.com or 210-748-4355 and we will do our best to cancel it before it ships.

4. Shipping, Damages & Refunds

We ship using third-party carriers. Delivery dates and transit times are estimates only and are not guaranteed. Title to products and risk of loss pass to you upon our delivery of the shipment to the carrier. This section describes how we handle damage, weather, delivery issues, and lost packages after that point.

Because circumstances vary, we review refund, replacement, and credit requests on a case-by-case basis rather than applying one rigid rule to every situation. The timelines and limits described below exist to protect against fraud and repeated misuse of this policy, not to penalize genuine one-off issues — our goal is always to resolve each situation fairly.

Damaged or Compromised Packages

If your order arrives visibly damaged (e.g., crushed packaging, spilled contents), you must photograph the damage and notify CandyVerse customer support within 48 hours of delivery via email (support@mycandyverse.com), live chat, or our Contact Us page. Upon review and approval by a customer service representative, a refund will be issued. CandyVerse reserves the right to deny refund requests submitted outside this window, or to deny future refund eligibility and/or cancel the account of any customer found to be abusing this policy.

Weather-Related Melting

Certain products, including chocolate and some gummy products, are sensitive to heat. CandyVerse is not liable for product melting that occurs during transit as a result of high ambient temperatures. Customers may add an ice pack to their order as a product at checkout during warmer months to help reduce this risk. Adding an ice pack does not guarantee products will arrive unmelted. CandyVerse may, at its sole discretion, offer partial store credit on a case-by-case basis for melting-related issues, but such credit is not guaranteed. During warmer months, we may also suspend shipment of chocolate or other heat-sensitive items at our sole discretion.

Customer-Caused Delivery Issues

CandyVerse is not responsible for orders affected by customer error, including but not limited to incorrect shipping addresses provided at checkout, packages left unattended in unsafe conditions, or failure to promptly retrieve deliveries during high-temperature periods. No refund or replacement will be issued in these circumstances; however, CandyVerse may offer a discount code toward a future order at its discretion.

Lost or Undelivered Packages

CandyVerse relies on official carrier tracking information to determine delivery status. If tracking indicates a package was delivered but the customer states it was not received, CandyVerse will review the claim on a case-by-case basis and may issue a one-time replacement for first-time claims. CandyVerse reserves the right to deny replacement for repeated claims associated with the same customer account or delivery address.

General

Customer satisfaction is important to us. While the policies above outline our standard practices, CandyVerse reviews all claims individually and may make exceptions at its discretion. Contact our support team with any questions or concerns: support@mycandyverse.com | 210-748-4355 (Mon–Sat, 10AM–5PM).

5. In-Store Pickup

Orders placed on the Site may be eligible for free pickup at our store located at the Shops at Rivercenter, 849 E. Commerce St, Suite 447, San Antonio, TX 78205. Orders placed before 12:00 PM Central Time are typically available for same-day pickup; orders placed after 12:00 PM are typically available the next day. Pickup times are estimates and may vary based on order volume and product availability; you will be notified when your order is ready. We may require your order confirmation and/or a valid ID at pickup. Orders not picked up within fourteen (14) days of the ready-for-pickup notification may be cancelled and restocked, and any refund will be issued at our discretion in accordance with Section 6.

6. Returns and Refunds — All Sales Final

Because candy is a consumable food product, all sales are final and we do not offer returns or refunds for reasons such as change of mind, taste preference, or products that have already been opened. Every CandyVerse order is carefully packed and quality-checked by our team to make sure it arrives fresh, safe, and worthy of the CandyVerse name.

If your order arrives damaged or is lost in transit, see Section 4 (Shipping, Damages & Refunds) for the applicable claims process, timelines, and eligibility — as with Section 4, we review these situations case by case and aim to reach a fair outcome, within reasonable limits designed to prevent misuse. Outside of the circumstances described in Section 4, nothing in this section obligates us to provide a remedy in any particular case, and any remedy we provide is not a waiver of this all-sales-final policy.

7. Gift Cards

CandyVerse gift cards are virtual cards loaded with the amount you select at purchase. Gift cards are redeemable through checkout on the Site only. To use a gift card toward an in-store purchase, the order must be placed through the Site with the "Pick Up In Store" option selected at checkout; gift cards cannot be redeemed directly at our physical store's point-of-sale register, as pricing may differ between the Site and in-store purchases made without an online order.

Except where prohibited by law, gift cards expire sixty (60) months from the date of purchase or the date funds were last loaded, whichever is later. If you schedule a gift card for delivery to a recipient on a future date, the expiration period still runs from the date of purchase.

Some states, including California, prohibit expiration dates on gift cards altogether. Where applicable law prohibits an expiration date, your gift card will not expire and will remain valid until redeemed or replaced.

We do not charge purchase, activation, dormancy, or service fees on gift cards. Gift cards are not redeemable for cash except where required by law, are not reloadable unless we state otherwise, and cannot be used to purchase other gift cards. Gift card purchases are final sale and are not eligible for refund, exchange, or cancellation, consistent with Section 6. Treat your gift card like cash: we are not responsible for lost, stolen, or unauthorized use of gift cards, and we may require proof of purchase to review any gift card issue.

8. Subscriptions, Preorders, and Loyalty Programs

Subscriptions. If we offer subscription or recurring-purchase products (such as recurring candy boxes), you authorize us to charge your payment method on the recurring schedule disclosed at signup until you cancel. Before you subscribe, we will clearly disclose the subscription terms, including the charge amount, frequency, and cancellation method, and we will obtain your affirmative consent to those terms. You may cancel at any time through your account with a method at least as simple as the one you used to sign up, or by contacting us; cancellation takes effect for billing cycles after the date of cancellation. For any subscription with an initial term of one year or longer that renews automatically, we will send advance notice of the renewal as required by applicable law. Additional subscription terms disclosed at signup are incorporated into these Terms.

Preorders. For preorder items, we will disclose at checkout whether your payment method is charged at the time of order or at shipment. Preorder release and ship dates are estimates and may change; you may cancel a preorder for a full refund any time before it ships.

Loyalty and rewards. If we offer a loyalty or rewards program, points and rewards have no cash value, are not transferable, and may be modified, suspended, or terminated by us at any time. Additional program terms disclosed at enrollment are incorporated into these Terms.

Wholesale. Wholesale and bulk business purchases are governed by separate written agreements and are not subject to consumer promotions or policies on the Site unless we state otherwise.

9. Third-Party Marketplaces and Services

CandyVerse products are also available through third-party platforms, including TikTok Shop, Walmart Marketplace, and DoorDash. Purchases made through any third-party platform are governed exclusively by that platform's terms, policies, and checkout process — not by these Terms of Use. We are not responsible for the acts, omissions, policies, or content of any third-party platform. References or links to third-party platforms do not constitute our endorsement of them or theirs of us.

10. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content"), and the trademarks, service marks, and logos contained therein (the "Marks"), are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property and unfair competition laws of the United States and international laws and conventions. Our Marks include, without limitation, CANDYVERSE™, MAMALOKAS™, and the Peppy character, whether or not registered.

The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission. Provided you are eligible to use the Site, you are granted a limited, revocable, non-exclusive license to access and use the Site, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.

11. User Representations and Registration

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity to agree to, and you agree to comply with, these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in your jurisdiction, or if a minor, you have parental permission to use the Site; (6) you will not access the Site through automated or non-human means; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

You may be required to register an account to use certain features. You agree to keep your password confidential and you are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change any username we determine, in our sole discretion, to be inappropriate, obscene, or otherwise objectionable.

12. Community Forum and the Candy Lovers Badge

The Site includes community features, including a forum and product reviews (together, the "Community Features").

Posting to the forum is a privilege, not a right. Creating forum posts requires a "Candy Lovers" badge, which is granted — and may be revoked — by CandyVerse at any time, in our sole discretion, with or without notice or reason. Revocation of a badge does not require termination of your account, and neither the grant of a badge nor any past participation creates any entitlement to continued posting privileges.

You are solely responsible for content you post through the Community Features. We do not endorse user content and are not obligated to monitor it, but we reserve the right to monitor, edit, restrict, remove, or refuse any user content at any time in our sole discretion.

13. User Generated Contributions

The Site may allow you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including text, writings, video, audio, photographs, graphics, comments, suggestions, reviews, forum posts, or personal information (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites and are treated in accordance with our Privacy Policy. When you create or make available any Contributions, you represent and warrant that:

Your Contributions do not and will not infringe the proprietary rights of any third party, including copyright, patent, trademark, trade secret, or moral rights.
You are the creator and owner of your Contributions, or you have the necessary licenses, rights, consents, releases, and permissions to use them and to authorize us, the Site, and other users to use them as contemplated by the Site and these Terms.
You have the written consent, release, and/or permission of each identifiable individual in your Contributions to use their name or likeness as contemplated by the Site and these Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional material, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten any person or to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule, including laws concerning child protection, privacy, or publicity rights.
Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law.

Any use of the Site in violation of the foregoing may result in, among other things, revocation of your Candy Lovers badge, and termination or suspension of your rights to use the Site.

14. Contribution License

You and the Site agree that we may access, store, process, and use any information and personal data that you provide in accordance with the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert ownership over your Contributions. You retain full ownership of your Contributions and any associated intellectual property rights. However, by posting Contributions to any part of the Site, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial or otherwise, and to prepare derivative works of them, including in advertising and marketing. We are not liable for any statements or representations in your Contributions, and you agree to exonerate us from any and all responsibility for them and to refrain from any legal action against us regarding your Contributions.

15. Guidelines for Reviews

When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the product or entity being reviewed; (2) your review should not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your review should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your review should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have no obligation to screen or delete reviews, even if anyone considers them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.

16. Copyright Complaints (DMCA) and Repeat Infringers

We respect the intellectual property rights of others. If you believe that material available on or through the Site infringes a copyright you own or control, please notify our Designated Copyright Agent:

CandyVerse, LLC — Copyright Agent, 849 E. Commerce St, Suite 447, San Antonio, TX 78205. Email: support@mycandyverse.com

Your notification must include: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (4) your contact information (address, telephone number, and email); (5) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

If you believe material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification to the same contact containing the information required by 17 U.S.C. § 512(g)(3). We will terminate the accounts and revoke the posting privileges (including any Candy Lovers badge) of users who are determined to be repeat infringers.

17. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person, or use the username of another user.
Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or similar devices.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents.
Attempt to bypass any measures of the Site designed to prevent or restrict access.
Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up a part of the Site.
Except as the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system that accesses the Site, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site in any effort to compete with us, or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Site to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile, account, or Candy Lovers badge.
Purchase products for resale without a wholesale agreement with us.

18. Marketing Communications (Email and SMS)

By providing your email address, you consent to receive marketing and transactional emails from us. You may unsubscribe from marketing emails at any time via the link in any marketing email.

By providing your mobile number — whether on the Site, at checkout, or through our in-store point-of-sale system — and opting in to text messages, you consent to receive recurring automated marketing and transactional text messages from CandyVerse at that number. Consent to marketing texts is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel and HELP for help. We are not liable for delayed or undelivered messages. Carriers are not liable for delayed or undelivered messages.

19. CandyVerse Assistant (AI Chat)

The Site may offer an automated chat assistant ("CandyVerse Assistant"). The Assistant is an automated software tool: its responses are generated automatically, may be inaccurate or incomplete, and do not constitute binding offers, price guarantees, professional advice, or statements of policy that override these Terms or the policies posted on the Site. The Assistant is not a substitute for reviewing product descriptions, packaging, and manufacturer labeling, including allergen information as described in Section 2, and should not be relied upon for allergen, health, or safety-related decisions. Do not submit sensitive personal information (such as payment card numbers or health information) through the Assistant.

You agree not to use the Assistant to submit content that is abusive, harassing, obscene, threatening, illegal, or that otherwise violates Section 17 (Prohibited Activities) of these Terms, and not to attempt to manipulate, "jailbreak," or otherwise trick the Assistant into bypassing its intended guidelines or generating content that would violate these Terms if posted elsewhere on the Site. We reserve the right, without notice, to terminate, restrict, or suspend your access to the Assistant, the Site, or your account for any such misuse, consistent with Section 23 (Term and Termination).

Your use of the Assistant is at your own risk, and conversations may be logged and used in accordance with our Privacy Policy, including to detect, investigate, and respond to misuse.

20. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you warrant that any such Submissions are original with you or that you have the right to submit them. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

21. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

22. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at https://www.mycandyverse.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. The Site is hosted in the United States. If you access the Site from any other region with laws governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site you are transferring your data to the United States and consent to that transfer and processing in the United States.

We do not knowingly accept, request, or solicit information from children under 13 or knowingly market to children under 13. In accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without verifiable parental consent, we will delete that information as quickly as is reasonably practical.

23. Term and Termination

These Terms of Use remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, REVOKE ANY CANDY LOVERS BADGE, OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED, AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

24. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

25. Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

26. Dispute Resolution

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Bexar County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Bexar County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) is excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

27. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

28. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

ASSUMPTION OF RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, YOUR PLACEMENT OF ORDERS, YOUR SELECTION OF PRODUCTS (INCLUDING WITH RESPECT TO ALLERGENS AND DIETARY SUITABILITY AS DESCRIBED IN SECTION 2), AND YOUR RELIANCE ON ANY CONTENT, DESCRIPTION, OR COMMUNICATION ON OR FROM THE SITE ARE UNDERTAKEN VOLUNTARILY AND AT YOUR SOLE RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISIONS AND ACTIONS IN CONNECTION WITH THE SITE. THIS SECTION DOES NOT LIMIT ANY RIGHTS OR REMEDIES THAT CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE LAW.

29. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

30. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) your Contributions; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

31. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

32. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

33. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

34. Accessibility

We are committed to making the Site accessible to all users, including individuals with disabilities. We work toward conformance with the Web Content Accessibility Guidelines (WCAG). If you encounter an accessibility barrier on the Site or need assistance completing an order, please contact us using the information in Section 35 and we will work with you to provide the information, product, or service you seek through an alternative method.

35. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Any misuse of mycandyverse.com or its products will be addressed and, where appropriate, prosecuted. We are a candy company, and this Site is intended for online candy shopping and candy entertainment.

36. Contact Us

To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

CandyVerse, LLC
849 E. Commerce St, Suite 447, San Antonio, TX 78205, United States
Phone: 210-748-4355
Email: support@mycandyverse.com